Minutes:
Preamble
A complaint was received from Councillor Adrienne Westbrook of Melksham Town Council (the Complainant) regarding the conduct of Councillor Martin Pain of Melksham Town Council (the Subject Member). It was alleged the Subject Member had breached the Code of Conduct and not upheld or supported high standards in public office as a result of using council resources, namely the council’s email platform, to attack the Complainant.
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 Melksham Town 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 discussions 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 and the report of the Monitoring Officer.
The Sub-Committee also considered a verbal statement from the Complainant provided at the Assessment Sub-Committee meeting on 16 September 2020. A brief written statement was provided from the Subject Member, who was not in attendance.
Conclusion
The complaint involved a series of emails from the Subject Member to others in the Town Council following comments made by the Complainant at a Town Council meeting, and how those comments had been reported in press accounts.
The Sub-Committee had regard to the high levels of protection afforded to free speech, and in particular political expression. From the submissions of both parties it was clear there was considerable political disagreement within the Town Council, and the Subject Member had, among other criticisms, been encouraging the resignation of the Complainant from the role of Deputy Leader as part of that political disagreement and debate.
The Sub-Committee did not consider that the allegations, even if proven, were capable of rising to the level of a breach of the Code. The Subject Member was entitled to hold and express a political view even if that view caused upset or disagreement, and the use of an official email to express that view to others on the same council was not an improper use of resources in itself. Although it had clearly caused some upset, nothing in the allegations suggested a level of excessive personal attack or bullying or intimidatory behaviour to justify a restriction of the right to free expression.
The Sub-Committee noted that management of a council’s email systems was a matter for that council. However, it also noted that even in the event of a breach of a Code it could be difficult for any sanction to reasonably restrict the use an individual Member’s email given the impact this might have on their ability to carry out their role as an elected Member.
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.