Minutes:
Preamble
A complaint was submitted by Elizabeth Martin regarding the conduct of Cllr Tim Jalland of Poulshot Parish Council. The Complaint relates to the conduct of the Subject Member in his dealings with and his attitude towards the complainant, the then clerk to the Parish Council, on diverse occasions from July 2017 to December 2019. The Complainant alleges that the Subject Member has breached the Parish Council’s Code of Conduct by failing to behave in such a way that a reasonable person would regard as respectful, and acted in a way which a reasonable person would regard as bullying or intimidatory.
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 Poulshot 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 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 Representative of the Monitoring Officer to take no further action and the request for a review of that decision by the Complainant.
The Sub-Committee also considered a verbal statement on behalf of the Complainant at the Review Sub-Committee meeting on 9 June February 2020 in support of written submissions, and a written statement from the Subject Member, who was not in attendance. An Independent Person supporting the Subject Member was in attendance for the hearing of statements.
Conclusion
The complainant had been employed by the parish council for a number of years. Allegations had been submitted of a variety of behaviours over a significant period by the Subject Member, among others on that council. The complainant considered that their treatment by the Subject Member including perceived pressure on them to leave their post amounted to unfair treatment and bullying, or contribution to an atmosphere of the same. In particular, reference had been made of alleged racist behaviour.
The Sub-Committee noted that whilst matters of employee grievance were a legal matter for a parish council to resolve under separate processes, matters of member behaviour fell within the remit of the standards regime overseen by Wiltshire Council. However, it was not uncommon for the two matters to become enmeshed where alleged member behaviours, as in this case, contributed significantly to the matters which were required to be dealt with under formal grievance procedures.
The complaint detailed a number of incidences where the complainant considered, individually or cumulatively, that the Subject Member’s behaviour toward her in relation to the discharge of her duties and other matters had risen to the level of a breach of the Code. The representative of the Monitoring Officer who had undertaken the initial assessment had considered several of those incidents, whilst possibly unhelpful or regrettable, were not sufficient to be considered as bullying or intimidatory behaviour under the Code.
The Sub-Committee carefully considered the circumstances of the interactions between the complainant and Subject Member as outlined, including what had been regarded as attacking communications by the complainant, and agreed that whilst the tone and language used was not ideal, even taken together it did not consider the behaviours rose to the level of a breach of the Code.
The Sub-Committee was also concerned that given the subjective interpretations of, in some cases, the same facts by the separate parties, it was not clear that a standards investigation would be the most effective and appropriate method of resolving the complex claims and counter claims within the context of the ongoing employer-employee dispute.
It therefore concluded for all the reasons listed above, that whilst the behaviour of the Subject Member along with others within the parish council, as well as the responses of the complainant, had contributed to the escalation of the dispute between the parties beyond that which it might be felt was necessary even given the nature of the dispute, it agreed with reasoning of the Monitoring Officer’s representative for the Initial Assessment that these did not rise to the level of a breach and it was also not in the public interest to refer the matter for further investigation.
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 take no further action in respect of the complaint.