Minutes:
Note: This complaint is connected to complaint COC136189, in that they both relate to the same incident.
Preamble
A complaint was received from Paula Johnston, (the Complainant), regarding the conduct of Councillor Phil Matthews (the Subject Member), of Wiltshire Town Council.
The Complainant alleged that at a Town Council meeting on 7 September 2021 the Subject Member (who is also the Mayor of the Town Council) shouted at the Complainant when she tried to speak and became angry and aggressive, got to his feet and shouted directly at her, asking her to be quiet and then to leave the council chamber and the meeting.
The Complainant considered that the Subject Member failed to act with integrity, did not treat the Complainant fairly and with respect and did not lead by example. She also says that The Subject member breached the Council’s Code of Conduct by: -
a) He did not treat the Complainant with respect and attacked the Complainant personally by shouting and behaving in an aggressive manner towards her. (Breach of 1, 1.1 Wilton Town Council Code of Conduct)
b) He bullied the Complainant by shouting at her and telling her to leave the council chamber and the meeting (Breach of 2, 2.1 Wilton Town Council Code of Conduct).
c) He brought the role of Mayor, Town Councillor and Wilton Town Council into disrepute (Breach of 5, 5.1 Wilton Town Council Code of Conduct).
Assessment
In considering complaint COC136189 the Sub-Committee were satisfied that the initial tests of the assessment criteria had been met, including that the Subject Member was a member for the period of allegations and remains a member of Wilton Town Council, that a copy of the relevant Code of Conduct was provided for the assessment, and that the Subject Member was acting in their capacity as a Member during the various alleged actions.
The Sub-Committee further considered whether the alleged behaviour would, if proven, amount to a breach of the Code of Conduct and if so, what action would be required.
The Sub-Committee considered the background to and the detail of the allegations in relation to the actions involving the Subject Member, and the Complainant, in respect of the Town council meeting on 7 September 2021, and concluded that it was connected to a possible historic division of town council members, both current and previous, possibly over several years. It noted that the Complainant had held a seat on the Town council until the election in May 2021 and was a regular attendee and public speaker at many of the Wilton Town Council meetings.
The Sub-Committee decided that the behaviour of the Subject Member, whilst not commendable, came about following a continued disturbance, caused by the Complainant, when they refused to abide by the requests of the Subject Member to be seated and to stop talking, which in turn caused the Subject member to be concerned about a loss of control over the proceedings. The Sub-Committee felt that whilst improvements could be made in respect of the Chairing skills of the Subject Member, the behaviour did not amount to a breach.
Conclusion
The Sub-Committee, on balance, and after considering all the information provided, was not persuaded that the specific alleged actions as part of the more complex dispute, would, if proven, rise to a level of a breach of the Code of Conduct. Moreover, even were it the case that they did, it was not persuaded that it was in the public interest for the matter to be investigated under the standards regime, noting the broader issues with regards to the dispute between present and past council members.
In reaching its decision, the Sub-Committee took into account the Officer’s report and supporting documentation, which included the original complaint and video recording, and the response of the Subject Member. The Sub-Committee also considered the written statements from the Complainant and the Subject Member who were not in attendance.
After discussion, it
was,
Resolved:
In accordance with the approved
arrangements for resolving standards complaints adopted by Council
on 9 July 2019, which came into effect on 1 January 2020 and after
hearing from the Independent Person, the Assessment Sub-Committee
determined to refer the complaint to the Monitoring Officer for
alternative resolution.