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.

There were no declarations.

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 Agenda 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

Report

Appendix A1 – Complaint and additional information

Appendix A2 – Response of Subject Member

Appendix B – Initial Assessment Decision Notice

Appendix C – Request for Review of Initial Assessment

Appendix D – Review Sub-Committee Decision Notice 10 September 2018

Appendix E – Review Sub-Committee Decision Notice 14 November 2018

Appendix F – Investigating Officer Report

Appendix G – Deputy Monitoring Officer Decision Notice

Appendix I – Request for Review

Background

A complaint was submitted by Cllr Sheila Kimmins regarding the alleged conduct of Russell Hawker, at the time a member of Westbury Town Council. In her complaint, it was stated the Subject Member had alleged in correspondence to her and others that she had deliberately, and for her own satisfaction, prevented the Town Council from applying to open a post office in the town. Some of this correspondence had been copied to the local media. The complainant believed that, by his actions, the Subject Member had breached Westbury Town Council’s Code of Conduct.

The complaint was initially assessed by the Deputy Monitoring Officer on 17 July 2018 with a decision issued on 6 August 2018 to refer the complaint for investigation. A Review Sub-Committee was convened at the request of the Subject Member on 10 September 2018, which issued a decision on 14 November 2018 to uphold that initial assessment decision.

Subsequent to that decision being made the Subject Member informed all parties he had resigned from Westbury Town Council. Under the assessment criteria for complaints in reflection of relevant law, no longer being an elected member was not in itself an automatic reason for not proceeding with an investigation. The Monitoring Officer therefore requested another Review Sub-Committee to consider whether or not an investigation into the allegations should go ahead. On 14 November 2018 another Review Sub-Committee resolved that the matter should proceed to investigation, notwithstanding the resignation of the Subject Member from the Town Council.

The Subject Member was and remains a Member of Wiltshire Council.

The investigation was undertaken by Chai Associates who recommended that no further action be taken on this complaint. That conclusion was endorsed by the Monitoring Officer. The Complainant then requested a review of that decision.

Meeting

In reaching its decision, the Sub-Committee took into account the original complaint and supporting documentation, the response of the Subject Member, the initial assessment of the Deputy Monitoring Officer to refer the matter for investigation, the Subject Member’s request for a review, the decisions of Review Sub-Committees  on 14 September 2018 and 14 November 2018 to refer the matter for investigation, the Investigating Officer’s report, the Monitoring Officer decision notice to uphold the recommendation of the Investigating Officer to take no further action, and the request for a review of that decision by the Complainant.

The Sub-Committee also considered verbal statements from the Complainant and the Subject Member at the Review Sub-Committee meeting on 17 January 2020. The Subject Member had also sent a number of emails to the Sub-Committee in advance of the meeting on 17 January 2020, including requesting a deferral of the meeting.

Preamble

The Sub-Committee, considering all of the above information and the statements made, noted that the Investigating Officer had been very critical of the Subject Member’s comments and behaviour toward the Complainant, but that on balance had concluded those comments and behaviour did not rise to the level of a breach of the Westbury Town Council Code of Conduct.  ...  view the full minutes text for item 5.