CONSIDERATIONDECISION NOTICE
NO BREACH OF THE CODE of CONDUCT
Reference: / 29648Complainant: / Mr S Harman
Subject Member: / Councillor Peareth, Lostwithel Town Council
Person Considering the Matter / Simon Mansell, Principal Legal Officer
Date of Consideration: / 9 September 2013
Summary of the allegations considered
A complaint has been investigated by Cornwall Council in which the Complainant has stated that he believed Councillor Peareth may have breached the Code of Conduct of Lostwithel Town Council.
The background to the complaint is that the Complainant alleges that Councillor Peareth:
- Harassed and victimised him and his wife and just seemed to have made it his mission in life to moan about every miniscule detail of his self build house project in the town.
- Inspect his every move, questioned the Complainant work force, scrutinising their activity, monitoring the Complainants family’s movements.
- That the continuous presence of Councillor Peareth is nothing short of intimidation.”
No Breach of the Code of Conduct
In relation to the allegation as made it is not considered, for the reasons set out below, that allegations made against Councillor Peareth do not amount to a breach of the Code of Conduct.
No Breach of the Code of Conduct
No Breach of the Code of Conduct, as found by the Investigating Officer is supported in relation to the following paragraphs of the Code of Conduct
Paragraph 3.1: Failure to treat others with respect
Paragraph 3(2)(b): Bullying
Paragraph 5: Bringing your office or authority into disrepute
Reasons for decision
In setting out the reasons below I have taken an objective view of the facts as set out in the investigation report and have determined, on the balance of probabilities, if the view reached by the Investigating Officer is the correct one. I have had full regard to the investigating officers report dated 1 August 2013 and the views of the Independent Person who agrees with the finding of the investigating officer.
Paragraph 3.1 Failure to treat others with respect
The investigating officer has referred to the allegations made against Councillor Peareth as ‘general and vague’. In reading the investigation report and its appendices it is clear that, when initially reading the complaint as made, there was sufficient concern for this matter to be referred for investigation. However, during the investigation no substantive evidence has been presented that would substantiate the allegations made against Councillor Peareth.
While it is the role of the investigating officer to make a determination as to whether the Code has been breached based on the facts before themthe investigating officer cannot set out to prove the allegations that have been made, only make an impartial judgement.
As such no breach of paragraph 3.1 was substantiated in the investigation report and for the same reasons the findings of the investigating officer are upheld.
Paragraph 3(2)(b) Bullying
While the Complaint has complaint of bullying there is not, in the investigation report or the accompanying appendices, any information which would potentially support an allegation of bullying. Therefore, due the lack of evidence the findings on the investigating officer are supported
Paragraph 5 You must not do anything that could be reasonably be regarded as bringing your office or authority into disrepute.
For this part of the Code to have been breached it has to be show that there has been, on the facts as presented, a loss of reputation or good standing, on the part of the subject member. This has not been demonstrated and there it is not considered that Councillor Charman has brought either her office, or her authority, into disrepute.
What happens now?
This matter is now concluded. The decision notice is sent to the complainant, the member against whom the allegation and the Clerk to Lostwithel Town Council.
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SJR Mansell MBE
Principal Legal Officer
On behalf of the Monitoring Officer
Date: