Minutes:
Preamble
The Chairman led the Sub-Committee through the local assessment criteria which detailed the initial tests that should be satisfied before assessment of a complaint was commenced. The complaint related to the alleged conduct of Cllr Marilyn Tye, of Box Parish Council. The Complainant, Stewart Barnes, was also a member of Box Parish Council.
Upon going through the initial tests, it was agreed that the complaint related to the conduct of a member and that the member was in office at the time the alleged incident and remains a member of Box Parish Council. A copy of the relevant Code of Conduct was also provided for the assessment.
The Sub-Committee therefore had to decide whether the alleged behaviour would, if proven, amount to a breach of that Code of Conduct. Further, if it was felt it would be a breach, was it still appropriate under the assessment criteria to refer the matter for investigation.
In reaching its decision, the Sub-Committee took into account the complaint and supporting documentation, the response of the subject member including supporting information, the initial assessment of the Deputy Monitoring Officer to take no further action, and the complainant’s request for a review. The Sub-Committee also considered a written statement from the Subject Member in response to the review request. Neither party was in attendance.
Conclusion
The complaint related to a letter sent by the subject member to the complainant regarding a complaint which had been raised by an employee of the Parish Council concerning actions of the complainant. The letter informed the complainant that the subject member, as Chairman of the Parish Council, had taken legal advice regarding the duty of care owed to any staff of the Parish Council, and requested that the actions which had given rise to that complaint cease. The complainant considered the contents of the letter to be bullying, intimidatory, disrespectful, and conferring a disadvantage on her that no other member of the Parish Council was under.
Having reviewed the evidence, the Sub-Committee recognised the upset faced by the complainant in receiving the letter that she had from the Chairman of the Parish Council, and that the situation could perhaps have been handled in a different manner. However, noting the genuine concerns raised with the Chairman, the duty of care to council staff, and in particular the relevant Code of Conduct’s objective test regarding respect and bullying, the Sub-Committee did not consider that the actions of the subject member in this instance had risen to that of a potential breach of that Code.
Accordingly, they resolved to uphold the decision and reasoning of the Deputy Monitoring Officer to take no further action in respect of the complaint.
In the request for review the complainant had raised concerns about the subject member seeking legal advice without express designated authority from the council as a whole. As noted in the decision of the Deputy Monitoring Officer, in small councils with limited staff it is reasonable for a Chairman to act for the Council on a day to day basis in respect of employee issues that cannot wait for formal action. While it would be a procedural point as to whether authority had been overstepped in doing so, the Sub-Committee did not believe this was the case, and was of the view that none of the actions alleged would in any case amount to a breach of the Code.
Decision
In accordance with the approved arrangements for resolving standards
complaints adopted by Council on 26 June 2012, which came into effect on 1 July 2012 and after hearing from the Independent Person, the Review Sub- Committee has decided to take no further action.