Agenda and draft minutes

Standards Hearing Sub-Committee - Thursday 8 February 2024 10.00 am

Venue: Council Chamber - County Hall, Bythesea Road, Trowbridge, BA14 8JN. View directions

Contact: Lisa Alexander  Email: lisa.alexander@wiltshire.gov.uk

Items
No. Item

1.

Election of Chairman

To elect a Chairman for this meeting only

Minutes:

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

 

Resolved:

 

To elect Councillor Graham Wright as Chairman for this meeting only.

 

2.

Declarations of Interest

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

 

Minutes:

There were no declarations of interest.

3.

Meeting Procedure

To note the procedure for the meeting as included in Protocol 11 of the Constitution – Arrangements for dealing with Code of Conduct complaints, in
particular Paragraph 8.

 

Supporting documents:

Minutes:

The procedure listed within the agenda papers was noted.

 

Introductions of all those present were made.

4.

Exclusion of the Press and Public

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 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.

 

Minutes:

After seeking views from the Investigating Officer, Subject Member and Monitoring Officer in accordance with procedure, the Sub-Committee did not resolve to move into Part II private session for the conducting of the Hearing.

5.

Determination of a Code of Conduct Complaint COC146700 in respect of Councillor John Dalley, Rowde Parish Council

To receive a report from the Monitoring Officer.

Minutes:

The Hearing was in relation to complaint COC146700 made by Cllr Amanda Humphreys (The Complainant) of Rowde Paris Council, regarding the alleged conduct of Councillor John Dalley (The Subject Member), also of Rowde Parish Council.

The Sub-Committee had received prior notification from the Investigating Officer, the Complainant and the Subject Member confirming their attendance at the Hearing in person.

 

Investigating Officer Representations

The Investigating Officer, Jed Matthews, presented their Report and confirmed that no witnesses would be called.

 

It was alleged that during events which took place in June 2023, the Subject Member had acted in a loud an offensive manner, had made inappropriate comments about the Complainant to other Councillors. In his actions, the Complainant believed that the Subject Member had bullied and showed a lack of respect to the Complainant.

 

In doing so it was alleged that the Subject Member breached the following

Sections of the Rowde Parish Council Code of Conduct:

 

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

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

 

At the conclusion of the Investigation, the Investigating Officer’s findings were that based on the evidence considered, and on the balance of probabilities a breach of the Rowde Parish Council’s Code of Conduct had occurred.

 

Complainant Statement

In accordance with the procedure the Sub-Committee received a verbal
statement from the Complainant in support of their complaint.

 

Questioning of Investigating Officer

In accordance with the procedure the Sub-Committee then had the opportunity to ask questions of the Investigating Officer, supported by the Independent Person. No Questions or points of clarification were sought by the Sub-Committee.

 

Subject Member Representations

In accordance with the procedure the Sub-Committee received a verbal statement from the Subject Member as evidence and to make representations as to why they consider that they did not fail to comply with the Code of Conduct.

 

In the statement, the Subject Member suggested that the complaint against him had arisen out of a disagreement between members of the Parish Council with regards to the handling of the playing fields and associated matters involving the use of a container as a changing room and of sourcing barriers for the playing field.

 

The Subject Member stated that historically, he had been solely responsible for all matters involving the playing field and as such believed that the other members of the Parish Council should not be involved in taking on any tasks, which he considered were within his remit. 

 

The Subject Member set out examples of alleged poor behaviour from other members of the Parish Council, in order to highlight the breakdown between differing personalities, which he felt had led to the escalation of bad feeling against him by some of the members, who had specifically targeted him in an effort to paint him in a poor light within the community.

 

No witnesses were called by the Subject Member.

 

Questions of the Subject Member

The Sub-Committee  ...  view the full minutes text for item 5.