Minutes:
Preamble
A complaint was received from Lance Allan (the Complainant) regarding the conduct of Councillor Antonio Piazza of Trowbridge Town Council (the Subject Member). It was alleged the Subject Member had breached the Code of Conduct and not upheld the Nolan principles of conduct in public life as required by the Code by making a series of untrue public comments which it was alleged attacked the integrity of council staff.
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 Trowbridge 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 of council business 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, the response of the Subject Member, and the report of the Monitoring Officer.
The Sub-Committee also considered a written statement from the complainant provided at the Assessment Sub-Committee meeting on 16 September 2020. Neither party was in attendance.
Conclusion
The complaint involved a series of critical comments on social media by the Subject Member regarding the policy and performance, in particular the financial policy and performance, of Trowbridge Town Council. The Complainant is the Town Clerk and Chief Executive of the Town Council.
The Complainant maintained that the comments by the Subject Member are untrue and amount to a personal attack on the integrity of council staff beyond simply challenging council policy and performance. The Subject Member felt their comments to be appropriate in challenging the Council, and that there was a campaign against him.
Without assessing the validity of any accusations regarding the financial situation of the Town Council, or defences of that situation, the Sub-Committee in assessing the submitted information considered that the Subject Member, correct or not, had been engaging in political activity in expressing an opinion. That opinion was able to be challenged both by political opponents or corrected on behalf of officials, where there were inaccuracies, in the same forum as which the statements were made or in other forums.
The Sub-Committee did not consider that the alleged statements, or their manner, rose to a level which was capable of being a breach of the Code, and therefore resolved that there be no further action in respect of the complaint.
Whilst it was possible for critical comments to rise to such a level, the views expressed within the complaint by the Subject Member appeared on the evidence submitted to be part of political debate regarding the council as a body, and had not risen to a level of excessive or unreasonable personal attack, or bullying or intimidatory behaviour in a way which would not promote or support high standards of conduct or the Nolan principles.
Whilst the accuracy of their views was disputed, the Subject Member had been open about the reasons for their views.
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.