Agenda item

A complaint was submitted by Sally Turnham, the Complainant, regarding the alleged conduct of Councillor David Gagen of Clyffe Pypard Parish Council, the Subject Member. The complaint was regarding alleged conflicts of interest and false statements.

Preamble

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 Subject Member, who was not in attendance, and a verbal statement from the Complainant, who was in attendance.

Discussion

The complaint involved the Complainant’s ownership of the Goddard Arms public house, and the Subject Member’s alleged actions as a parish councillor and member of a local community group ‘Save the Goddard Arms’.

The Complainant contends that the Subject Member had provided inaccurate information in a manner designed to put her at a disadvantage and made offensive comments about her character at public meetings.

The Subject Member stated they had had no intention to mislead and corrected any errors made in respect of comments, about the Plunkett Foundation, at the earliest opportunity. They contended they had mistaken the dates about certain parish council meetings, but that the substance of complaint was incorrect, and that they had been commenting as a member of the public.

Conclusion

The Sub-Committee noted that the Subject Member had acknowledged making some errors of fact, but that he had or will correct these. Even if more care could have been taken on references when submitting comments, they considered a reasonable explanation had been provided and in line with the assessment criteria did not consider the allegations therefore rose to the level where it was in the public interest to investigate further.

The Sub-Committee noted the Subject Member’s position on the ‘Save the Goddard Arms’ ad hoc group was included on his register of interest. They noted it was not unusual or inappropriate for local councillors to belong to many different interest groups. Provided appropriate registrations and declarations had been made, there was no conflict in holding the roles and it was not considered the allegation was capable of breaching the Code of Conduct.

In summary, the Sub-Committee therefore resolved to take no further action in respect of the complaint.

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.