Agenda item

A complaint was submitted by Linda Roberts, the Complainant, regarding the conduct of Councillor Jon Hubbard the Subject Member, of Melksham Town council. 

The complaint related to allegations that at the Council’s Asset Management and Amenities Committee meeting on 7 August 2023 the Subject Member made disrespectful statements about Officers of the Council, in an angry and aggressive manner.

The Complainant believed that through their actions the Subject Member had
breached the following principle of the Code:

Leadership - Holders of public office should exhibit these principles in their
own behaviour

Preamble

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 Melksham Town 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 or alternative resolution.

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 Complainant and the Subject Member were not in attendance at the meeting to provide additional statements.   

Discussion

The Sub-Committee considered the allegations that the Subject Member had at a council meeting stated that:

·       Officers had undertaken work not authorised by the Council;

·       Councillors had passed resolutions which had fallen into
a big black hole, resulting in decisions being made and things being actioned which were not what councillors had asked for; 

·       He had no confidence in the officers that were leading the Council to
undertake their jobs [the Complainant is the clerk and head of the
organisation].

The Complainant further alleged that the Subject Member had demonstrated no civility or respect towards the Complainant for nearly two years and that the most recent behaviour at the Asset Management and Amenities Committee meeting on 7 August 2023 could not go unchallenged as they believed the Subject Member had breached the Code of Conduct and the Council’s Civility and Respect Pledge.

The Subject Member contended that the Complaint was a matter of tit-for-tat following a complaint he had submitted against the Complainant’s conduct and performance, currently under investigation. It was further contended that the allegations were vexatious and an attempt to shift the focus away from their own actions.

The Subject Member admited that he did make a speech at the meeting, which expressed his dissatisfaction with the performance of the ‘Senior Management Team’ at the Council and that there were a number of issues which he felt needed to be addressed.

The Sub-Committee noted that elected Members had no role to criticise Officers directly, as any concerns relating to Officer capability should be raised through the Staffing Committee. With this in mind, the Sub-Committee considered the Subject Member’s statement, which although it had not identified an individual officer by name or job title, could be interpreted to be directed at the Clerk in her role as head of the organisation. It was felt not to be possible to determine, who the statement had been directed at specifically.

The Sub-Committee further discussed the role of an elected member on a town or parish council, specifically that it was their duty to hold the Council to account and question practices which they had concerns with. 

The Sub-Committee noted a history of conflict between the Members and Officers and that there was currently a complaint logged by the Subject Member regarding the Complainant. It was suggested that it would have been appropriate to await the resolution of that complaint as part of a formal process, before making a public statement which the Complainant may have felt was directed at her. 

Conclusion

The Sub-Committee considered that the statement made by the Subject Member did not personally identify an individual officer.

The Sub-Committee agreed that the alleged behaviour, if proven, would not amount to a breach of the Code of Conduct, noting that Part 3, the Member/Officer Protocol, was included as guidance to the Code.   

The Sub-Committee noted the Officer/Member relations at the Council appeared to have been under a degree of strain for some time, resulting in multiple complaints to the Staffing Committee which had not yet been determined. In addition, it was noted that the delivery of statements by Members during periods of unsettlement should be delivered in a respectful manner.

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 take no further action in respect of the complaint.