Agenda, decisions and minutes

To elect a Chairman for this meeting only

Nominations for a Chairman were sought and it was,

Resolved:

To elect Councillor Ruth Hopkinson as Chairman for this meeting only.

To receive any declarations of disclosable interests or dispensations granted by the Standards Committee.

There were no declarations.

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 4 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 ItemNumber 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

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

Note: The complaint was submitted prior to 1 January 2020 when revised arrangements and procedures for assessment were adopted under Protocol 11, but procedures for Hearings remained the same.

The procedure for the meeting was noted.

On 21 October 2019 a complaint was submitted by Neil and Emma Sheen, the complainants, regarding the conduct of then Councillor John Tighe of Upavon Parish Council, the Subject Member. This was in respect of a telephone conversation between the parties on 18 October 2019.

The Investigating Officer, Marie Lindsay, introduced her report setting out the facts in relation to the complaint. It had been alleged that during the above conversation the Subject Member told one of the complainants ‘You do not want to fall out with me, you will regret it’ and in so doing breached paragraphs 3 and 7 of the Upavon Parish Council Code of Conduct.

The Investigating Officer set out that following an investigation, the Monitoring Officer had upheld a conclusion that the allegations did not rise to a level of a breach and to take no further action in respect of the complaint. The complainants requested a review of the decision, and a Review Sub-Committee overturned the decision on 10 December 2020 and referred the matter to a Hearing Sub-Committee.

The Subject Member subsequently resigned from Upavon Parish Council. The Review Sub-Committee reconvened on 11 February 2021 and upheld its previous decision notwithstanding the resignation of the Subject Member.

Although there were aspects of the conversation on 18 October 2019 which were disputed, it was not disputed that the specific words alleged had been made.

The Sub-Committee noted that the complainants had been informed of the hearing and had been given the opportunity to attend. A statement previously provided to a Review Sub-Committee was read to the Sub-Committee as requested by the complainants in their absence.

Opportunity was provided to question the Investigating Officer.

The Subject Member, former Councillor John Tighe, had been informed of the hearing and had been given the opportunity to attend. A statement provided to the council from Mr Tighe was read to the Sub-Committee as requested by the Subject Member in his absence.

In the absence of the Subject Member and there being no further questions or comments, in accordance with the agreed procedure the Sub-Committee withdrew together with the Independent Person, representative of the Monitoring Officer and supporting officers.

The Independent Person was consulted throughout the process and his contributions were taken into consideration by the Sub-Committee in reaching their decision.

Resolved:

Having considered all relevant matters, including the complaint, the Investigating Officer’s report and evidence, the Monitoring Officer’s comments and recommendation to that Investigation Report, the decision notices of the Review Sub-Committees, and the statements from the Complainants and the Subject Member, it was resolved that:

1.     It was not disputed by either party that during a telephone conversation on 18 October 2019 then Councillor John Tighe stated to the Complainant ‘you do not want to fall out with me you will regret it’.

2.     The Subject Member at the time was Chairman of Upavon Parish Council and the Sub-Committee considered that during the conversation on 18 March 2019 he had been acting in his capacity  ...  view the full minutes text for item 5.