Agenda, decisions and draft minutes

To elect a Chairman for this meeting only.

Resolved:

To elect Councillor Peter Hutton as Chairman for this meeting only.

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

Councillor George Jeans declared a non-pecuniary interest in that he had attended meetings of the South West Wiltshire Area Board and so he had encountered the names of the parties, although he was not closely acquainted with them.

To note the procedure and assessment criteria for the meeting.

The procedure and assessment criteria for the meeting were 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  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.

Paragraph 1 - information relating to an individual

Resolved:

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.

Paragraph 1 - information relating to an individual

A complaint had been submitted by Mrs Julia Hawkins against Councillor Philip Matthews, a member of Wilton Town Council. At the time of the complaint Mrs Hawkins had also been a member of Wilton Town Council. The allegation was that over a sustained period Councillor Matthews had subjected Mrs Hawkins to a pattern of disrespectful and bullying behaviour in breach of the relevant Code of Conduct.

The initial assessment of the Deputy Monitoring Officer had been that the allegations, if proven, might rise to the level of a breach of the Code, but to attempt alternate resolution in the form of mediation between the parties, both being committed to the local community. When it was apparent that mediation would not resolve the areas of dispute between the parties, the matter had been referred for investigation by the Deputy Monitoring Officer. Councillor Matthews had then requested a review of that decision.

At the meeting following exclusion of the public, Councillor Matthews addressed the Sub-Committee regarding the complaint. He was accompanied by Councillor Peter Edge, also of Wilton Town Council. Councillors Matthew and Edge then withdrew from the meeting.

The Chairman then led the Sub-Committee through the local assessment criteria which detailed the initial tests that should be satisfied before assessment of a complaint was commenced.

Upon going through the initial tests, it was agreed that the complaint related to the conduct of a member and that the member was in office at the time the alleged incidents and remains a member of Wilton Town Council. A copy of the appropriate Code of Conduct was also supplied 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, was it still appropriate under the assessment criteria to refer the matter for investigation.

In reaching its decision, the Sub-Committee took into account the complaint and supporting documentation, the response of the subject member, the initial assessment of the Deputy Monitoring Officer to refer the matter for alternate resolution and mediation, and then to refer for investigation when it was stated mediation was not accepted, and also the subject member’s request for a review. The Sub-Committee also considered the verbal representation from Councillor Matthew as noted above, and additional written submission from Mrs Hawkins, who was not able to attend.

The Deputy Monitoring Officer in their initial assessment had noted that the matters raised were finely balanced. Taken individually he had considered that the alleged behaviour might not reflect well on the subject member but did not rise to the level of a breach, noting the objective tests as to whether a reasonable person would consider such alleged incidents as disrespectful or bullying. In the words of the Deputy Monitoring Officer, ‘by the finest margins’ he had considered that when considering the alleged incidents collectively they could, if proven, be capable of breaching the Code in terms of the provisions  ...  view the full minutes text for item 5.