Minutes:
Preamble
A complaint was received from Councillor Stewart Palmen of Trowbridge Town Council (the Complainant) regarding the conduct of Councillor Antonio Piazza of Trowbridge Town Council (the Subject Member).
It had been alleged that the Subject Member had publicly reprimanded an officer of the Town Council and failed to be supportive, contrary to clause 2.5 and 5.4of the Town Council’s Protocol on Member/Officer relations, and that in accordance with clause 1.5 of that protocol this could amount to a breach of the Code of Conduct for the Town Council.
The comments alleged to be in breach had been part of a Facebook discussion involving the Subject Member and others in relation to council business.
Assessment
The complaint had received an initial assessment on 18 August 2020 where it was determined to refer the matter for investigation. Following that investigation, the Investigating Officer’s report concluded that the threshold for a breach of the Code of Conduct had not been reached. In consultation with an Independent Person, the Monitoring Officer had considered the report and determined to recommend to the Sub-Committee that no further action be taken in respect of the complaint.
In reaching its decision, the Sub-Committee took into account the Investigating Officer’s report and supporting documentation, which included the original complaint, the response of the Subject Member, the initial assessment decision, other evidence provided during the investigation, comments on the report itself from both parties, and the decision notice of the Monitoring Officer to take no further action. The Sub-Committee also considered a written statement from the Complainant, who was not in attendance. The Subject Member was in attendance but did not make a verbal statement.
Conclusion
The Sub-Committee accepted the recommendation of the Monitoring Officer in upholding the reasons and conclusions of the Investigating Officer that the threshold of a breach had not been reached, and the process followed was sound.
In particular, the Monitoring Officer considered the statements made by the Subject Member in the context of the right to freedom of expression under Article 10 of the European Convention on Human Rights, with enhanced protections in respect of political speech, and that under Section 6 of the Human Rights Act 1998 it was unlawful for a public authority to act in a way that is incompatible with human rights.
The Sub-Committee was satisfied that there had been a fair and comprehensive investigation into the complaint and found no reason to overturn the recommendation of the Monitoring Officer. Particularly in consideration of issues of freedom of expression, it was considered that the conclusion, that the alleged comments had not risen to the level of a breach, was reasonable.
The Sub-Committee noted the concerns expressed by the Complainant regarding the Standards process generally. It noted that while Codes could be made more specific or procedures amended and this would be relevant to determination of potential breaches, legal considerations such as free speech would apply irrespective of the precise content of a Code or specific standards procedures, and that promotion of high standards of conduct could never entirely restrict the rights of Members.
It was therefore,
Resolved:
In accordance with the approved arrangements for resolving standards complaints adopted by Council on 9 July 2019, which came into effect on 1 January 2020 and after hearing from the Independent Person, the Assessment Sub-Committee determined to take no further action in respect of the complaint.