Agenda and minutes

Standards Assessment Sub-Committee - Monday 16 January 2023 12.00 pm

Venue: West Wiltshire Room - County Hall, Bythesea Road, Trowbridge, BA14 8JN. View directions

Contact: Lisa Alexander  01722 434560 Email: lisa.alexander@wiltshire.gov.uk

Items
No. Item

87.

Apologies

To receive any apologies or substitutions for the meeting.

Minutes:

Apologies were received from :

 

·       Cllr Sam Pearce-Kearney – who was substituted by Cllr Derek Walters

88.

Minutes of the Previous Meeting

To approve the minutes of the meeting held on Thursday 15 December 2022.

Supporting documents:

Minutes:

The minutes of the meeting held on 15 December 2022 were presented for consideration, and it was,

 

 

Resolved:

 

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

 

89.

Declarations of Interest

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

Minutes:

There were no declarations.

90.

Meeting Procedure and Assessment Criteria

To note the procedure and assessment criteria for the meeting.

Supporting documents:

Minutes:

The procedure and criteria were noted.

91.

Exclusion of the 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 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

Minutes:

It was,

 

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 Numbers53onwards, 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

 

92.

Assessment of Complaint: COC142985

Minutes:

Preamble

A complaint was submitted by Mr Luke Woods, the Complainant, regarding the conduct of Councillor Vanessa Sturmey, the Subject Member, of Heytesbury Imber and Knook parish council. 

 

The complaint was submitted as two elements:

 

1.     It was alleged that the Subject Member bullied and threatened the Complainant and made unlawful demands and threats in her position as Chairman of the Parish Council and relates to an email sent by the Subject Member to the Complainant, signed in her position as Chairman of the Council.

 

2.     It was also alleged that, in relation to potential planning developments, the Subject Member acted in “contempt of the public on 14 different counts”. Most of these allegations refer to a meeting of the Council held on 22 November 2022.

 

The Complainant did not specify which sections of the Code he believed to

have been breached.

 

Discussion

The Sub-Committee was satisfied the initial tests of the assessment criteria had been met, in that the Subject Member was and remained a member of Heytesbury Imber and Knook Parish Council and that a copy of the relevant Code of Conduct was provided for the assessment.

 

The Sub-Committee therefore had to decide whether the alleged behaviour would, if proven, amount to a breach of the 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, the response of the Subject Member, and the report of the Monitoring Officer.

 

The Sub-Committee also considered a verbal statement from the Complainant, which was read by a representative at the meeting, as he was not in attendance, and a written statement from the Subject Member, who was also not in attendance.

 

The first element of the complaint concerned an email sent by the Subject Member, signed in her position as Chairman of the Council, directing the Complainant to send all further communications on the matter to the Clerk. It was alleged that the Subject Member used her position as Chairman of the Parish Council to bully and threaten the Complainant and his family, making unlawful demands and threats about a private matter.

 

The second element of the complaint concerned the actions of the Subject Member, in their capacity as Chairman of the Parish Council at a Council Meeting held in June 2022. It was alleged that the Subject Member refused to allow a discussion under public participation on resident’s survey results, shouted down the Complainant, passed a resolution to have the Complainant silenced, did not listen to other members when they spoke and did not respond when questioned on the level of content which would be included in the minutes of that meeting. Further allegations included that the Subject Member refused to discuss matters not included on the agenda.

         

The Subject Member contended that she had  ...  view the full minutes text for item 92.

93.

Assessment of Complaint: COC142984

Minutes:

Preamble

A complaint was submitted by Councillor Chris Rickett, the Complainant, regarding the conduct of Councillor John Hughes, the Subject Member, both members of Clyffe Pypard Parish Council. 

 

The complaint related to allegations of bullying and harassment, over a prolonged period of time, which include actions and behaviour of the Subject Member at a Council meeting held on 27 October 2022 and other incidents where the Subject Member is said to have objected to minutes of previous meetings, challenged payments to the previous clerk, failed to countersign cheques, obstructed the recruitment of a new clerk and shared inaccurate information about the Complainant.

 

The Complainant believed that, through these actions, the Subject Member had

breached the following sections of the Code:

 

  • He/she shall behave in such a way that a reasonable person would regard as respectful.
  • He/she shall not act in a way which a reasonable person would regard as bullying or intimidatory.
  • He/she shall use the resources of the Council in accordance with its requirements;
  • The Nolan Principles of integrity and accountability.

 

Discussion

The Sub-Committee was satisfied the initial tests of the assessment criteria had been met, in that the Subject Member was and remained a member of Clyffe Pypard Parish Council and that a copy of the relevant Code of Conduct was provided for the assessment.

 

The Sub-Committee therefore had to decide whether the alleged behaviour would, if proven, amount to a breach of the 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, the response of the Subject Member, and the report of the Monitoring Officer.

 

The Sub-Committee also considered a written statement from the Complainant, who was not in attendance, and a verbal statement from the Subject Member, who was in attendance.

 

The Complainant alleged that in their actions the Subject Member had undermined the reputation of the Council and as part of a longstanding pattern of behaviour represented bullying of her as the Chairman.

 

The Complainant also raised that the Subject Member failed to share information regarding parish council matters, despite being asked to do so for a period of six months.

 

The Subject Member refuted all of the allegations and contended that there had not been a pattern of behaviour or an attempt to undermine the Council, as alleged.

 

The Subject Member alleged that it was the Complainant who had subjected other Councillors and community members to unpleasant belittling and disrespectful behaviour over the past 18 months.   

 

The Subject Member felt that he had always acted appropriately in his role as Parish Councillor and that no evidence had been provided by the Complainant to substantiate the allegations against him. Furthermore, the Subject Member stated that he had never engaged in controlling, disrespectful, misogynistic or bullying behaviour whilst serving on the  ...  view the full minutes text for item 93.

94.

Assessment of Complaint: COC142986

Minutes:

Preamble

A complaint was submitted by Councillor Chris Rickett, the Complainant, regarding the conduct of Councillor David Gagen, the Subject Member, both members of Clyffe Pypard Parish Council. 

 

The complaint involved allegations of bullying and harassment, over a prolonged period of time, which include actions and behaviour of the Subject Member at a Council meeting held on 27 October 2022 and other incidents where the Subject Member is said to have objected to minutes of previous meetings, challenged payments to the previous clerk, publicly jeered at the Complainant as she left a meeting, emailed inaccurate information pertaining to the Complainants role in the circulation of minutes and that the Subject Member accused the Complainant of not sharing with other Members, information relating to agenda items.

 

The Complainant believed that, through these actions, the Subject Member had

breached the following sections of the Code:

 

  • He/she shall behave in such a way that a reasonable person would regard as respectful.
  • He/she shall not act in a way which a reasonable person would regard as bullying or intimidatory.
  • The Nolan Principles of integrity and accountability.

 

Discussion

The Sub-Committee was satisfied the initial tests of the assessment criteria had been met, in that the Subject Member was and remains a member of Clyffe Pypard Parish Council and that a copy of the relevant Code of Conduct was provided for the assessment.

 

The Sub-Committee therefore had to decide whether the alleged behaviour would, if proven, amount to a breach of the 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, the response of the Subject Member, and the report of the Monitoring Officer.

 

The Sub-Committee also considered a written statement from the Complainant, who was not in attendance, and a written statement from the Subject Member, who was also not in attendance.

 

The Complainant alleged that through these actions the Subject Member had undermined the reputation of the Council and as part of a longstanding pattern of behaviour represented bullying of her as the Chairman.

 

The Subject Member refuted all of the allegations and contends that the complaint was not genuine and that it was the Complainant and her husband (also a member of the Parish Council) that were the main bullies on the Parish Council and that any distress felt by the Complainant was due to her bullying tactics failing and that other members on the Parish Council were holding the Complainant (in her role as Chairman) to account.

 

The Subject Member raised the absence of any evidence to the allegations made by the Complainant and stated that the Complainants representation of events at the meeting on 27 October was not honest.

 

The Subject Member contended that his comment at the meeting was ‘well done, Chris’ and was  ...  view the full minutes text for item 94.