Minutes:
Preamble
Separate complaints had been submitted by Maxine Nutting and Lisa Taylor regarding the alleged conduct of Cllr Mary Douglas of Wiltshire Council. The complainant alleges that at a Salisbury Area Board meeting the Subject Member has failed to comply with Wiltshire Council’s Code of Conduct, when she failed to promote high standards in her public office by:
• Not acting in the public interest when she expressed her personal views on the Lesbian, Gay Bisexual, transgender and questioning (LGTBQ+) community to justify her position in not supporting the provision of a grant for the Pride March in Salisbury during 2020;
• Failed to have regard to the Public Sector Equality Duties when she expressed her personal views in regard to the LGTBQ+ community;
• Failed to consider the needs of different groups within her constituency.
And in so doing allegedly contravened the Code by failing to have regard to the principles of Selflessness, Integrity, Objectivity, Accountability, Openness, Honesty and Leadership as required by the Code.
The Sub-Committee were satisfied that the initial tests of the assessment criteria had been met, including that the member was and remains a member of Wiltshire 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 that Code of Conduct. Further, if it was felt it would be a breach, whether it was still appropriate under the assessment criteria to refer the matter for investigation.
In reaching its decision, the Sub-Committee took into account the original complaint, the response of the Subject Member, the initial assessment decision of the Deputy Monitoring Officer to refer the matter for investigation and the request for a review of that decision by the Subject Member. Neither party was in attendance at the meeting.
The two complaints were considered concurrently as they related to the same events.
Conclusion
The complaint related to comments allegedly made by the Subject Member at a meeting of the Area Board, which were then reported in local media along with references to past alleged comments which had also received media attention. The main issues related to the Subject Member’s right to freedom of expression as well as the requirement to adhere to Public Sector Equality Duties, and the balance between these issues.
The Sub-Committee noted from the materials including the request for a review, that there was little dispute over the precise wording of what was allegedly stated at the meeting of the Area Board itself, although alleged historical statements had also been raised during the course of the complaint. It noted that there could be difficulty establishing further details regarding what was allegedly said at the meeting.
On balance, the Sub-Committee agreed with the reasoning of the Deputy Monitoring Officer that it was in the interests of both parties that the matter be referred for investigation to allow full consideration of the facts and any appropriate context for alleged statements, which could if proven 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 determined to refer the complaint for investigation.