Minutes:
Preamble
A complaint was submitted by Councillor Peggy Snell of Southwick Parish Council, the Complainant, regarding the alleged conduct of Councillor John Eaton, the Subject Member, also of Southwick Parish Council.
The complaint related to an incident on 27 September 2022 following a meeting of the parish council, where it was alleged the Subject member spoke to the Complainant in a threatening manner, rising to a level which would be in breach of the Code.
There had been a concurrent complaint from the Subject Member against the Complainant.
Discussion
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 Southwick Parish Council, that a copy of the relevant Code of Conduct was provided for the assessment, and that they were acting in their capacity as a Member during the various alleged actions.
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, the response of the Subject Member, and the report of the Monitoring Officer. The Sub-Committee also considered the verbal statements from the Complainant and the Subject Member provided at the Assessment Sub-Committee meeting on 15 December 2022.
The complaint concerned the Complainants allegation that the Subject Member had used threatening and intimidating behaviour towards her following a council meeting.
The Subject Member contended that he had accidentally addressed the Complainant by her first name, which had triggered the Complainant to respond in a rage, reiterating an earlier comment relating to him not having disclosed information to other councillors on the parish council. The parties then entered into a heated verbal to and fro, each making comments to the other, before the Complainant left the room.
The Sub Committee considered the Subject Members explanation that his expression ‘don’t cross me’ related to an earlier warning on crossing the line and that in hindsight he had acknowledged that his choice of wording may have been better presented, and had been due to the fact that he was tired and had been feeling unwell that day.
Conclusion
The Sub-Committee, on the basis of the submissions, did not agree that the alleged behaviour, if proven, were capable of rising to the level of a breach of the Code of Conduct.
In particular, the Sub-Committee highlighted the link between the two complaints, noting that the alleged incident set out in complaint COC142896, had arisen following the alleged incident detailed in the other complaint, noting that both parties had acted in the heat of the moment and had spoken and acted in ways which they had both later regretted.
It was therefore resolved to take no further action in respect of the complaint, with the Sub Committee requesting that in the interests of a well-functioning parish council going forward, the Subject Member should be invited to apologise to the Complainant.
It was therefore,
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 take no further action in respect of the complaint.
With the note:
The Sub Committee welcomed the attendance of the Subject Member and suggested that in the interests of a well-functioning parish council going forward, the Subject Member be invited to apologise to the Complainant.