Agenda and draft minutes

To elect a Chairman for this meeting only

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

Resolved:

To elect Councillor Trevor Carbin as Chairman for this meeting only.

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

There were no declarations of interest.

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.

This procedure is that which was in place at the time of submission and investigation of the complaint.

The procedure listed within the agenda papers was noted.

Introductions of all those present were made.

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.

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.

To receive a report from the Monitoring Officer.

The Hearing was in relation to complaint COC151643 made by Mr Robin Hibberd (The Complainant), regarding the alleged conduct of Councillor Kevin Daley (The Subject Member), of Wiltshire Council.

The Sub-Committee had received prior notification from the Investigating Officer and the Subject Member confirming their attendance at the Hearing in person. The Complainant was not in attendance and had not provided an additional written statement.

Investigating Officer (IO) Representations

The Investigating Officer, Marion Stammers, presented their Report and

confirmed that no witnesses would be called.

It was alleged that following an invitation from the Complainant to meet and discuss matters relating to the Complainants planning application, the Subject Member, in his emailed reply on 21 March 2024, made defamatory, bullying, and false statements that directly attacked the Complainant and his business, and showed no respect or professional integrity.

In doing so it was alleged that the Subject Member breached the following sections of the Wiltshire Council’s Code of Conduct:

1. Respect

1.1 I treat other Councillors and members of the public with respect.

2. Bullying, harassment, and discrimination

2.1 I do not bully any person.

2.2 I do not harass any person.

3. Impartiality of officers of the council

3.1 I do not compromise, or attempt to compromise, the impartiality of

anyone who works for, or on behalf of, the local authority.

5. Disrepute

5.1 I do not bring my role or local authority into disrepute.

6. Use of position

6.1 I do not use, or attempt to use, my position improperly to the advantage or disadvantage of myself or anyone else.

In doing so it was alleged that the Subject Member breached sections of the Wiltshire Council Code of Conduct.

The Investigating Officer noted that at the conclusion of their report, that on a balance of probabilities, they had found a breach of the code of conduct in two provisions, these were:

Respect

1.1  I treat other Councillors and members of the public with respect.

Bullying, harassment and discrimination

2.1 I do not bully any person.

No breach was found in the remaining provisions of the code of conduct, as alleged by the Complainant.

Statement of the Complainant

The Complainant was not in attendance and no additional written statement was provided.

Questions of the 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.

In accordance with the procedure the Subject Member then had the opportunity to ask questions of the Investigating Officer, where it was clarified that the Investigating Officer did not know why the Complainant wanted their planning application to be called in to committee for consideration.

Statement of the Subject Member

The Sub-Committee noted the additional materials which had been provided by the Subject Member and circulated at the meeting. These were in the form of background emails and responses to information requests made by the Subject Member. With agreement of the Investigating Officer, the Sub-Committee agreed to receive the additional  ...  view the full minutes text for item 15.