Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies were receiced from Councillor Ruth Hopkinson, who was substituted by Councillor Gordon King.

Councillor Ernie Clark was in the Chair for the meeting.

To approve the minutes of the meeting held on 16 September 2020.

The minutes of the meeting held on 16 September 2020 were presented for consideration, and it was,

Resolved:

To approve and sign the minutes as a true and accurate record.

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 Agenda Item Numbers 6 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.

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 Minute Numbers 34 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.

Paragraph 1 - information relating to an individual

Preamble

A complaint was received from Councillor David Cavill (The Complainant), Trowbridge Town Council, regarding the conduct of Councillor Antonio Piazza (The Subject Member), also of Trowbridge Town Council. It was alleged that the Subject Member had breached the Code of Conduct through a series of comments which were not mutually supportive of other members and officers and failed to restrict criticism of officers to private communications. It was alleged the pattern of behaviour was contrary to the requirements of the Town Code of Conduct.

The complaint was considered alongside Complaint COC130489, which involved the same Subject Member and alleged facts.

Assessment

The Sub-Committee were satisfied that the initial tests of the assessment criteria had been met, including that the Subject Member was and remains a member of Trowbridge Town Council, and that a copy of the relevant Code of Conduct was provided for the assessment.

The Sub-Committee were satisfied that the nature of the discussions of council business in various mediums was such that the Subject Member was acting in their capacity as a Member.

The Sub-Committee therefore had to decide whether the alleged behaviour would, if proven, amount to a breach of that Code of Conduct. If the Sub-Committee concluded that the alleged behaviour would amount to a breach, then it would have to go on to decide whether it was appropriate under the assessment criteria to refer the matter for investigation.

In reaching its decision, the Sub-Committee took into account the original complaint and supporting information, and the report of the Monitoring Officer.

The Sub-Committee also considered a verbal statement from the Complainant provided at the Assessment Sub-Committee meeting on 21 October 2020. The Subject Member was not in attendance.

Conclusion

The complaint involved a series of critical comments on social media and other forums by the Subject Member regarding Trowbridge Town Council as a body and other Members of that Council. The Complainant is also a Member of the Town Council.

The Complainant considers that the alleged comments amount to a breach of the Code via breaches of the Member/Officer Protocol of the Town Council, which states at Para 1.5 that it is an extension of the Code of Conduct. This confirms that a breach of the provisions of the protocol may constitute a breach of the Code, but this is not automatic.

In respect of Paragraph 5.4 of the Protocol on being mutally supportive, the heading of Paragraph 5 specifies this applies to relationships between ‘Members at Committees and Officers at Meetings of the Council’.

Notwithstanding that many of the provided examples took place outside of meetings and committees, though often about meetings and those involved with them, the Sub-Committee took account of the strong legal protections afforded to free expression, in particular political expression. Therefore, even if it were proven there was a breach of the Code, via a breach of the Protocol, it would need to be considered if this would be sufficient to overcome the high threshold to justify interference  ...  view the full minutes text for item 34.

Preamble

A complaint was received from Councillor Diana King (The Complainant), Trowbridge Town Council, regarding the conduct of Councillor Antonio Piazza (The Subject Member), also of Trowbridge Town Council. It was alleged that the Subject Member had breached the Code of Conduct through a series of comments which were not mutually supportive of other members and officers and failed to restrict criticism of officers to private communications. It was alleged the pattern of behaviour was contrary to the requirements of the Town Code of Conduct.

The complaint was considered alongside Complaint COC130370, which involved the same Subject Member and alleged facts.

Assessment

The Sub-Committee were satisfied that the initial tests of the assessment criteria had been met, including that the Subject Member was and remains a member of Trowbridge Town Council, and that a copy of the relevant Code of Conduct was provided for the assessment.

The Sub-Committee were satisfied that the nature of the discussions of council business in various mediums was such that the Subject Member was acting in their capacity as a Member.

The Sub-Committee therefore had to decide whether the alleged behaviour would, if proven, amount to a breach of that Code of Conduct. If the Sub-Committee concluded that the alleged behaviour would amount to a breach, then it would have to go on to decide whether it was appropriate under the assessment criteria to refer the matter for investigation.

In reaching its decision, the Sub-Committee took into account the original complaint and supporting information, and the report of the Monitoring Officer.

The Sub-Committee also considered a verbal statement from the Complainant provided at the Assessment Sub-Committee meeting on 21 October 2020. The Subject Member was not in attendance.

Conclusion

Conclusion

The complaint involved a series of critical comments on social media and other forums by the Subject Member regarding Trowbridge Town Council as a body and other Members of that Council. The Complainant is also a Member of the Town Council.

The Complainant considers that the alleged comments amount to a breach of the Code via breaches of the Member/Officer Protocol of the Town Council, which states at Para 1.5 that it is an extension of the Code of Conduct. This confirms that a breach of the provisions of the protocol may constitute a breach of the Code, but this is not automatic.

In respect of Paragraph 5.4 of the Protocol on being mutally supportive, the heading of Paragraph 5 specifies this applies to relationships between ‘Members at Committees and Officers at Meetings of the Council’.

Notwithstanding that many of the provided examples took place outside of meetings and committees, though often about meetings and those involved with them, the Sub-Committee took account of the strong legal protections afforded to free expression, in particular political expression. Therefore, even if it were proven there was a breach of the Code, via a breach of the Protocol, it would need to be considered if this would be sufficient to overcome the high threshold to justify  ...  view the full minutes text for item 35.