Minutes:
Preamble
A complaint was received from Tracie Lawson (the Complainant) regarding the conduct of Councillor John Dalley of Rowde Parish Council (the Subject Member). It was alleged the Subject Member had breached the Code of Conduct by making accusations of racist behaviour toward another Member, as well as other antagonistic behaviour.
Assessment
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 Rowde Parish Council, and that a copy of the relevant Code of Conduct was provided for the assessment.
The Sub-Committee were satisfied that the nature of the events was such that the Subject Member was acting in their capacity as a Member.
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.
In reaching its decision, the Sub-Committee took into account the original complaint and supporting information, response of the Subject Member, and the report of the Monitoring Officer.
The Sub-Committee also considered written statements from both parties provided at the Assessment Sub-Committee meeting on 16 September 2020. Neither party was in attendance.
Conclusion
The core of the complaint was that the Subject Member had accused the brother of the Complainant, also a Member of the parish council, of racist behaviour, which the Complainant maintains were unfounded and aggravated health problems of her brother, as well as being motivated by seeking to take over responsibility for the allotments operated by the Parish Council. The Subject Member states he became aware of allegedly racist comments and considered that these needed to be raised formally.
The Sub-Committee noted that the dispute between the parties was both serious in accusation and emotive language. It appeared from the responses that the dispute was escalating and causing continuing disruption, with additional allegations being made.
The Committee did not consider that the standards regime was the most appropriate forum for the attempted resolution of this matter, which it was felt may merely further exacerbate the tensions and disagreements between the parties to the detriment of the community. It noted that at one point the Subject Member had offered an apology for any distress caused to the brother of the Complainant in how the matter was raised at a council meeting.
Accordingly, and whether or not the allegations, if proven, were capable of being a breach of the Code, the Sub-Committee took the view that the complaint could reasonably and more appropriately be addressed by other means, such as mediation or another form of alternative resolution between the parties. This was not a comment on the seriousness of the alleged behaviour but reflected the view that alternative resolution was more appropriate in this instance.
Bearing in mind the public interest in the efficient use of resources, and its view that alternative resolution would be appropriate in this instance, the Sub-Committee resolved that there by no further formal action on the complaint.
After discussion, 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.