REVIEW DECISION NOTICE

NO BREACH OF THE CODE

Reference: / CCN043/12
Complainant: / Mrs Barbara Hewitt-Silk
Subject Member: / Councillor Roger Phillips, Mabe Parish Council
Person conducting
the Review: / Matthew Stokes, Corporate Governance, Property and Commercial Group Manager (Legal)
Date of Review: / 19 February 2013

Complaint

On 19 February 2013 the Monitoring Officer considered a request to review the complaint from Mrs Barbara Hewitt-Silk concerning the alleged conduct of CouncillorRoger Phillips of Mabe Parish Council. A general summary of the complaint is set out below:

As put by the complainant, that Councillor Phillips, acting as Chairman of Mabe Parish Council, exceeded his authority, made statements that were not true and then used those falsehoods to intimidate someone who had given a witness statement and by that conduct breached the paragraphs of the Code of Conduct relating to:

·  failure to treat others with respect

·  bullying

·  intimidating or attempting to intimidate others

·  conduct which is contrary to the council’s duty to promote and maintain high standards of conduct

·  bringing their office or council into disrepute

Decision

On the basis of the information provided with the original complaint and that which has been provided since, I find that there is no breach of the Code of Conduct of Mabe Parish Council and in particular that the following provisions of the Code of Conduct have not been breached:

·  failure to treat others with respect

·  bullying

·  intimidating or attempting to intimidate others

·  conduct which is contrary to the council’s duty to promote and maintain high standards of conduct

·  bringing their office or council into disrepute

Reasons for the Decision

The complainant has provided sufficient information and the circumstances are such as to enable this complaint to be assessed and determined without seeking out further information or referring the complaint for investigation or the undertaking of interviews.

In circumstances such as those from which this complaint has flowed it is inevitable that there will be conflicting views. That there are conflicting views does not necessarily mean that there has been a failure to treat another with respect. I cannot see that there have been any derogatory or other inappropriate comments made by the subject member related to this complaint. Further, any complaint to the Parish Council should be dealt with in accordance with its adopted procedures or in the absence of adopted procedures the most appropriate method. The complainant has mentioned in her representations that the subject member has failed to deal with her representations to the Parish Council, including a complaint. Ordinarily such matters would be dealt with by the Parish Council as a body rather than the responsibility falling to an individual member. I do not consider it possible to reach any conclusion other than that it has not been demonstrated that there has been a failure to treat the complainant with respect.

There is nothing in the information provided by the complainant to demonstrate that the subject member has bullied any person.

There is nothing in the information provided by the complainant to demonstrate that the subject member has intimidated or attempted to intimidate any person.

There is nothing in the information provided by the complainant to demonstrate that the subject member has conducted himself in a manner which is contrary to the council’s duty to promote and maintain high standards of conduct.

The information that has been provided, including from the Clerk to the Parish Council, indicates that regard has been had to the procedures to be followed. Procedural matters are outside of the scope of the Code of Conduct complaints process and the complainant has accepted that in her written request for review.

There is nothing in the information provided by the complainant to demonstrate that the subject member has conducted himself in such a manner as to bring his office or authority into disrepute. The Parish Council, including through the involvement of the subject member as Chairman, has addressed and participated in development control matters which are outside of the scope of the Code of Conduct complaint process and which have been determined by the appropriate body.

That the complainant appears to have a firm view in relation to the complaint does not outweigh the greater public interest in not expending public funds on considering this complaint further. The assessment and determination procedures adopted by the Standards Committee of Cornwall Council enable me to make this finding without referring the complaint for formal investigation and without interviewing any of those involved or with knowledge of the issues.

What happens now?

This decision notice is sent to the complainant, the member against whom the allegation has been made and the Clerk to Mabe Parish Council.

Additional help

If you need additional support in relation to this or future contact with us, please let us know as soon as possible. If you have difficulty reading this notice we can make reasonable adjustments to assist you, in line with the requirements of the Disability Discrimination Act 2000.

We can also help if English is not your first language.

Matthew Stokes, Corporate Governance, Property and Commercial Group Manager (Legal)

On behalf of the Monitoring Officer

Date: 19 February 2013