ASSESSMENT DECISION NOTICE

NO FINDING OF WHETHER THERE IS A BREACH OF THE CODE

Reference: / CCN044/14(i)
Complainant: / Councillor Timothy Bond
Subject Member: / Councillor Roy Lethbridge, Dobwalls and Trewidland Parish Council
Person conducting
the Assessment: / Simon Mansell, Governance and Information Manager
Date of Assessment: / 16 January 2015

Complaint

On16 January 2015the Monitoring Officer considered a complaint fromCouncillor Timothy Bondconcerning the alleged conduct ofCouncillor Roy Lethbridge ofDobwalls and Trewidland Parish Council. A general summary of the complaint is set out below:

The Complainant has alleged that, after he raised concerns that he had seen a member of the public leaving a local public house intoxicated, at a meeting of the Parish Council on 15 October 2014; he was then subject to an unprovoked personal and aggressive attack by the Subject Member in which the Complainant considers it was insinuated he was a liar and he was asked several times if he had dialled 999.

Potential breaches of the Code of Conduct raised by the Complainant are;

  • A failure to treat others with respect;
  • Bullying;
  • Intimidating or attempting to intimidate others;
  • Conducting yourself in a manner which is contrary to the Councils duty to promote and maintain ethical standards;and
  • Bringing your office and/or authority into disrepute.

Decision

No finding of whether there is a breach of the Code of Conduct is made and no further action needs to be taken

Reasons for the Decision

In assessing this complaint I have had regard to the following:

  • The complaint;
  • The response to the complaint submitted by the Subject Member;
  • The views of the Clerk; and
  • The views of the Independent Person assigned to this matter.

In assessing this complaint the Complainant has also raised concerns about the actions of the Clerk at the meeting on 15 October 2014, and the way in which this meeting was minuted.

The Clerk is an employee of the Parish Council and, therefore, is not bound by the Code of Conduct. Should the Complainant have concerns regarding the conduct of the Clerk these should be raised with the Parish Council.

With regards to the minutes of the meeting;it is for the Parish Council to determine the accuracy of the minutes of a previous meeting and to make any amendments to the minutes that may be considered necessary, before they are voted upon and accepted as an accurate record of the meeting. Should the Complainant have had concerns about the minutes of the meeting of the 15 October 2014 these should have been raised with the Clerk prior to their approval and this is not a matter that can be considered as part of this regime.

In considering the complaint against the Subject Member; the Complainant has alleged that, after he raised concerns that he had seen a member of the public leaving a local public house intoxicated at a meeting of the Parish Council on 15 October 2014, he was then subjected to an unprovoked personal and aggressive attack by the Subject Member in which the Complainant considers it was insinuated he was a liar and he was asked on several occasions if he had dialled 999.

The Subject Member has responded to the complaint by saying that he does not consider that he subjected the Complainant to an aggressive attack and was only seeking to set out to the Complainant that the matter raised by him was not a Parish Council matter.

The Clerk has advised that her recollection of the meeting is that after the Complainant had raised the matter under any other business, the Complainant was asked if he had phoned the police with regards to what he witnessed and that the Subject Member set out that he did not consider that this was a matter for the Parish Council to discuss.

For a breach of the Code to be found it has to be shown that the Subject Member has made a direct personal attack on the Complainant which, on an objective basis could be viewed as a failure to treat others with respect, and I am not satisfied that such an attack has occurred.

The discussion relating to the incident witnessed by the Complainant took part during ‘any other business’, before the meeting of the Council was formally closed. During any debate in the chamber the Code makes allowances for what is described as ‘robust political debate’ which covers any debate between Councillors.

Whilst I have noted that the Complaint considers the insinuation was made at the meeting that he was a liar, this would appear to be the Complainant’s own subjective view and there is nothing that would support an objective appraisal of this opinion.

Given the above, no finding of whether there is a breach of the Code of Conduct is made at assessment and no further action needs to be taken

What happens now?

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

Right of review

At the written request of the complainant, the Monitoring Officer can review and is able to change a decision not to refer an allegation for investigation or other action. To ensure impartiality in the conduct of the review different officers to those involved in the original decision will undertake the review.

We must receive a written request from the complainant to review this decision within 15 days from the date of this notice, explaining in detail on what grounds the decision should be reviewed.

If we receive a request for a review, we will write to all the parties mentioned above, notifying them of the request to review the decision.

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.

SJR Mansell MBE

Governance and Information Manager

On behalf of the Monitoring Officer

Date:20 January 2015