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 sent the email to the Complainant after seeking advice from Wiltshire Police, in relation to harassment received from the Complainant since June 2022. The Subject Member did not consider her email to be threatening or intimidating and felt that it provided an opportunity for the Complainant to put things right.
The Subject Member suggested that the Complainant’s behaviour at meetings and in emails, had been hostile, disruptive and disrespectful to Councillors and that the Complainant had also made defamatory comments about her online and made enquiries to third parties about her living arrangements.
In relation to the Parish Council meeting in June 2022, the Subject Member confirmed that the Council did resolve that the Complainant should be silent for the remainder of the meeting, as his behaviour had become disrespectful and disruptive. The Subject Member further denied laughing, sneering or dismissing the public or making plans to go for a drink after the meeting as alleged by the Complainant.
The Subject Member confirmed that she believed that her actions at the meeting were in line with the rules for Public Participation, as set out in the Council’s Standing Orders.
The Subject Member also stated that the Clerk had followed advice from Wiltshire Association of Local Councils (WALC) regarding the content for the Minutes and that the Subject Member found it necessary to raise her voice to be heard, following the interruption by the Complainant and two further interruptions from other attendees at the meeting, as she believed was permitted within the Council’s Standing Orders.
Conclusion
The dispute between the parties had arisen due to a long-standing division of opinion within the community and between members of the Parish Council with regards to a planning application for a local housing development, on land which appeared to be close to the Complainant’s home. The dispute had over time led to strong feelings being expressed by members of the community during Parish Council meetings.
The email sent by the Subject Member to the Complainant was in response to allegations made by the Complainant on social media, in relation to her residential status, which it was alleged was connected to her role as a Parish Councillor. The Sub Committee noted that as the accusations were tied to her Parish Council role, it was reasonable to have responded from the Parish Council email address and sign off as Chairman of the Parish Council. However, to ensure a clear division between Parish Council business and personal matters, it advised members to consider the appropriate email address to use carefully and to respond to communications not strictly relating to Council business from a personal email account and signature.
The Sub Committee noted that planning matters within small communities could lead to a division of opinion and become highly emotive for those impacted, however, it was highlighted that the Parish Council was a Statutory Consultee in the planning process, and not the Planning Authority or decision maker.
The Sub-Committee noted the audio recordings taken at the Parish Council meeting captured a number of verbal interruptions from attendees at the meeting, which included comments of a disrespectful nature, directed at the councillors. It was considered that this level of disruption would have created a toxic atmosphere which would need to be brought under control by the Chairman.
In regard to the Subject Member raising her voice, the Sub-Committee felt that that the Subject Member’s actions in managing the disruption at the meeting were in line with the Council’s Standing Orders, were necessary for the efficient conduct of Council business and should therefore be commended.
The Sub Committee found no evidence to suggest that the allegations if proven would represent a breach of the Code of Conduct by the Subject Member.
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.
Advisory
To ensure a clear division between Parish Council business and personal matters, the Sub-Committee advised members to consider the appropriate email address to use carefully and to respond to communications not strictly relating to Council business from a personal email account and signature.