Agenda, decisions and minutes

To elect a Chairman for this meeting only

Nominations for a Chairman of the Standards Hearing Sub-Committee were sought, and it was

Resolved:

To elect Councillor Fleur de Rhé-Philipe MBE as Chairman for this meeting only.

Councillors are requested to declare any pecuniary or non-pecuniary interests.

There were no declarations.

To note the procedure for the meeting as included in Protocol 11 of the Constitution – Arrangements for dealing with Code of Conduct Complaints.

Introductions were made of those present. The procedure for the meeting as set out Paragraph 8 of Protocol 11 of the Constitution was noted.

To consider passing the following resolution:

To agree that in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in Item Number 5 onwards because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in  paragraph 1 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

It was,

Resolved:

To agree that in accordance with Section 100A(4) of the Local Government Act1972 to exclude the public from the meeting for the business specified in MinuteNumber 10 onwards because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in paragraph 1 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public

The Hearing was in relation to complaint COC128187 by Mrs Chris Rickett (the Complainant) regarding the alleged conduct of Councillor Peter Gantlett of Clyffe Pypard Parish Council (the Subject Member).

In addition to the agenda papers three bundles of documentation agreed by the legal representatives for the Investigating Officer and the Subject Member were referred to throughout the Hearing, referencing relevant law, issues and possible agreed facts, and additional supporting evidence.

Investigating Officer

Frank Cain, Barrister, Head of Legal Services, presented on behalf of the Investigating Officer, Emma Holliday.

The complaint allegations concerned accusations that the Subject Member in his dealings with the Complainant in relation to the Neighbourhood Plan Steering Group had been verbally aggressive and rude to her in the ways set out in detail in the complaint. The Complainant had referred to a number of incidents since she became a member of the Steering Group a number of years ago and continuing until the time of the complaint, where she says that the Subject Member had belittled her and engaged in other behaviour that she believed amounted to bullying.

It was alleged that this behaviour amounted to a breach of the Parish Council Code of Conduct in respect of the following provisions:

·       He/she shall behave in such a way that a reasonable person would regard as respectful.

·       He/she shall not act in a way which a reasonable person would regard as bullying or intimidatory

Mr Cain introduced the findings of the Investigating Officer and the supporting papers. He highlighted the nature of the steering group made up both of elected members and lay representatives, the provisions of the relevant Code of Conduct in respect of bullying and disrespect, the experience of the Subject Member, whether there was a pattern of behaviour, even if not intended, which a reasonable person would regard as bullying or disrespectful, the different perceptions of different observers, and that it was for the Sub-Committee to make a decision on the balance of probabilities.

The first witness called was the Complainant, Chris Rickett, who detailed her experiences on the steering group with the Subject Member, how she had been upset and felt humiliated by some of his actions including taking over assigned tasks, how she had raised her feelings and concerns and that it had been minuted that he would make an apology, which she had never received.

Andrew Fraser-Urquhart QC, representing the Subject Member, then questioned Mrs Rickett as a witness. He sought details on when she had determined to make a complaint, her description of the actions of the Subject Member as a ‘campaign of nasty bullying’ and allegations of being shouted at and whether this was detailed in other papers, her communications with the Subject Member on other occasions, particularly involving a questionnaire document, related matters with the parish council and the progress of attempted mediation between the parties.

The next witness called was Alan Glasspool, who confirmed the statement he had provided to the Investigating Officer which had supported  ...  view the full minutes text for item 10.