Issue - meetings

Preamble

A complaint was submitted by Neil and Emma Sheen regarding the alleged conduct of Cllr John Tighe, Upavon Parish Council. The complainant alleges that at during a telephone call with the subject member on 18 October 2019 the subject member was rude and bad tempered. It is also alleged that the subject member attempted to bully and intimidate them by making the comment, “you do not want to fall out with me you will regret it” at the end of the telephone conversation. In doing so it is alleged he has therefore breached paragraphs 3 and 7 of the Upavon Parish Council Code of Conduct and has failed to live up to the general principles of selflessness, integrity, accountability, openness, honesty and leadership required by Upavon Parish Council and the public office he holds.

The Sub-Committee were satisfied that the initial tests of the assessment criteria had been met, including that the member was and remains a member of Upavon Parish Council, and that a copy of the relevant Code of Conduct was provided for the assessment.

The Sub-Committee therefore had to decide whether the alleged behaviour would, if proven, amount to a breach of that Code of Conduct. Further, if it was felt it would be a breach, whether it was still appropriate under the assessment criteria to refer the matter for investigation.

In reaching its decision, the Sub-Committee took into account the original complaint, the response of the Subject Member, and the initial assessment decision of the Representative of the Monitoring Officer to refer the matter for investigation

The Sub-Committee also considered written statements from the Complainants and the Subject Member at the Review Sub-Committee meeting on 7 February 2020, with no party being in attendance.

Conclusion

The principal allegation of the complaint related to the allegation of threatening or intimidatory language by the Subject Member toward the Complainant. Notwithstanding the clarifications of the Subject Member in their statements the Sub-Committee considered that the alleged language, if proven, could amount to a breach of the Code of Conduct.

In considering whether or not the matter should be referred for investigation, the Sub-Committee noted comments from the parties and the personal nature of the issues which had escalated, it was alleged, to the matters giving rise to complaint. It therefore concluded that before any investigation was undertaken into a potential breach, there should be an attempt to mediate between the parties to resolve the points of concern. In the event resolution was not possible, in that circumstance it would be in the public interest to refer the complaint for investigation.

Decision

In accordance with the approved arrangements for resolving standards complaints adopted by Council on 26 June 2012, which came into effect on 1 July 2012 and after hearing from the Independent Person, the Review Sub-Committee determined to seek mediation between the parties before referring the complaint for investigation.