Minutes:
Preamble
A complaint was received from Mel Rolph (The Complainant) regarding the conduct of Councillor Pat Aves (The Subject Member) of Melksham Town Council.
It was alleged the Subject Member had breached the Code of Conduct by failing to have regard to the Nolan principles, specifically integrity, objectivity, accountability, openness, honesty and leadership, and failed to be open as possible about his decisions and actions, and failed to give reasons for those decisions and actions.
This was alleged in respect of the suspension several officers working for the Town Council.
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, that a copy of the relevant Code of Conduct was provided for the assessment, and that they were acting in their capacity as a Member during the various alleged actions.
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 15 December 2020. Neither party was in attendance.
Discussion
The complaint was linked with complaints COC131238, COC131239 and COC131240 involving other Members of the Town Council arising from the same set of circumstances and made by the Complainant. It was also linked with complaints COC130429, COC130430, COC130432 and COC130433 arising from the same circumstances against the same members. It is also linked with COC131452, in the fact that that complaint is from an elected member of the town Council alleging that the Subject Member of that complaint (who is one of the four complaints in both the above sets of complaints) did not act in accordance with the Town’s standing orders and Financial regulations in respect of the same set of circumstances.
The complaint involved a series of actions of four Members, including the Subject Member, which it was alleged were not in accordance with council procedures, resulting in the unlawful suspension of two officers of the Town Council, and in so doing and through other actions around the decision, breached the Code by not promoting or maintaining high standards of conduct.
The Subject Member contends that they acted in accordance with procedure following advice during a difficult situation.
The Sub-Committee noted that the Complaint involved allegations of breaches of the standing orders of the Town Council. It noted that whilst a breach of those standing orders was not in of itself a breach of a Code of Conduct, it had to consider if the specific allegations of breaches of those orders could, if proven, rise to the level of such a breach under the general principle of not promoting high standards of conduct.
Conclusion
The Sub-Committee was not persuaded on the basis of the submissions that the alleged behaviour, and alleged breaches of standing orders, in this instance, if proven, were capable of rising to the level of a breach of the Code of Conduct. Several references had been made to whistleblowing and other matters, but the Sub-Committee did not consider those processes to be relevant to determination of this Code of Conduct matter.
In particular, the Sub-Committee noted that the thrust of the complaint was the employment decisions taken and the effect on staff. If there were errors or unlawful actions taken by the Town Council by virtue of an individual Member’s actions, the grievance and Employment Tribunal processes was the appropriate place for the lawfulness of those decisions by the Town Council to be explored and determined, rather than the Code of Conduct procedure which can only determine issues of standards in respect of individual members behaviour.
It was therefore resolved to take no further action in respect of the complaint, and the Sub-Committee did not consider any of the other related complaints against other Members raised particular issues or allegations which would result in a different determination.
Accordingly, 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.