The Monitoring Officer submits a report to enable the Committee to consider the materials available in respect of a Code of Conduct complaint against a Councillor.
Minutes:
The Monitoring Officer submitted a report asking the Board to consider the Investigator’s report into a complaint referenced 2019/15 and to determine the next steps in relation to the complaint.
The Monitoring Officer explained the background to the complaint received on 10 September 2019. It was noted that this complaint was one of three received regarding the same event and the Monitoring Officer had agreed with the other two complainants that this would be treated as the main complaint as it was more comprehensive in terms of complying with the councils published arrangements. The other two complainants had consented to that approach.
The Monitoring Officer told the Board that he had consulted Mr Edwards as an Independent Person in accordance with the procedures for the investigation of complaints against Members. In considering the complaint, both the Monitoring Officer and Mr Edwards had agreed that the complaint should be independently investigated as the allegations were potentially serious because of the nature of what was suggested and the complaint could not be dealt with by the Monitoring Officer using his fact finding jurisdiction; subsequently Mr Alex Oram of CH&I Associates was commissioned to undertake the independent investigation.
The investigator had found that the subject Members participation in the event complained about was in their own personal capacity and not as a representative of the Council and as such the maters complained of fell outside the scope of the Code of Conduct. The investigator also observed that had the subject Member attended the event in an official capacity the investigator would not consider their participation to have amounted to a failure to comply with the Code. The reasons for reaching this conclusion were set out in detail in the investigator’s report.
The Board were advised to determine either to resolve to take no further action or to refer the matter to a Standards Hearing Panel.
The Board noted that the option of ‘no further action’ could only flow from an investigator’s own conclusion that no breach had occurred.
If the matter was referred for hearing, then a hearing subcommittee would be convened to hear the evidence, make findings of fact and determine appropriate outcomes.
The Board discussed the findings and asked questions to clarify some points around the issue of when someone was acting in a personal capacity or in their Councillor capacity.
The Monitoring Officer read Mr Edwards comments forwarded by email in which he set out his views for the Board.
“Having considered the investigation report and supporting material I am in full agreement with the findings detailed in the report.
A thorough investigation has concluded that the subject Member did participate in the protest but did so in a private capacity and not as a representative of the Council. The actions of others at the protest were considered by the complainant to be both inflammatory and offensive however, the investigation has found that the subject Member did not endorse or encourage such actions. In delivering their speech the subject Member made it clear from the outset that they were not there in the capacity as a Councillor but rather the subject Member adopted a more moderate and conciliatory approach.
It is unfortunate that the subject Member subsequently shared an image on Facebook containing the offending banners displayed at the protest. To the subject Members credit upon recognising this they took immediate action to remove the post and have acknowledged the lessons to be learnt from this. This case serves as a useful reminder for all figures in public life to fully consider all publications in their name and especially those on social media.
To conclude I fully endorse the conclusions reached by the investigator at section 6 in his report in that no breach has occurred and therefore no further action should be taken.”
The Board considered the findings/conclusion in the investigative report as well as the comments of the Independent person and were in agreement with the investigator’s findings as set out.
RESOLVED:
1) that no further formal action be taken in relation to the complaint referenced 2019/15.
Supporting documents: