Agenda item

Report of the Deputy County Solicitor and Deputy Monitoring Officer, attached.

The Committee considered the Report of the Deputy County Solicitor and Deputy Monitoring Officer which also included the details of four complaints received relating to an alleged breach of the Members’ Code of Conduct by Councillor Emma Brennan (the Subject Member).

The covering Report of the County Solicitor and Monitoring Officer gave the background on actions to date including receipt of the complaints, consultation with the Independent Person, the views of the Assessment Sub Committee and the decision of the Assessment Sub Committee that the ‘views of the Independent Person be noted, but the Sub Committee exercise its discretion to suggest a different course of action to that of a formal investigation and ask Officers to bring a Report to the next meeting of the Standards Committee based on the information already submitted, notwithstanding the Subject Member must have the opportunity to comment on any draft and final Report’.

The Deputy County Solicitor and Deputy Monitoring Officer reminded the Committee of their role and remit which was to determine, in light of the Report in front of them, whether or not it considered the Code of Conduct had been breached. If the Committee found there was no breach then there would be no further action, but if the Committee agreed with the Independent Person that there was a breach then it needed to determine what sanctions, if any, should be applied to the Subject Member.

The sanctions available to the Committee were to require the Subject Member to issue a formal apology, recommend that the Committee issue some form of public censure of the Subject Member, recommend to the appropriate Group Leader that the Subject Member be removed from any or all Committee / Sub Committees / Working Groups and outside bodies, exclude or restrict the Subject Member’s access to some or all County Council premises, instruct the Monitoring Officer to arrange training, remove the Subject Member from all outside bodies appointed to or nominated to by the Council; and / or withdraw facilities (e.g. computer access).

The Committee then considered in full the content of the Report, which outlined that the complaints arose from events which took place at a Spotlight Review meeting on 25 April 2019. The complaints alleged that the Subject Member’s behaviour was such that they fell below the standards expected of a County Councillor and in particular that they;

1.     Failed to treat others with courtesy and respect (contrary to paragraph 4 (a) of the Code);

2.     Bullied a person (bullying characterised as any single act or pattern of offensive, intimidating, malicious, insulting or humiliating behaviour; an abuse or misuse of power or authority which attempts to undermine or coerce or has the effect of undermining or coercing an individual or group of individuals by gradually eroding their confidence or capability which may cause them to suffer stress or fear); (contrary to paragraph 5(c) of the Code); and

3.     Conducted herself in a manner or behaved in such a way so as to give a reasonable person the impression that they had brought their office or the Council into disrepute (contrary to paragraph 5 (h) of the Code). 

The Committee was asked to consider the accounts given by the complainants and also the response of the Subject Member in response to the allegations and the Report before the Committee to consider if the alleged breaches had occurred.

It was MOVED by Councillor Slade, SECONDED by Councillor Twiss, and

RESOLVED that the Committee agree that the Subject Member has breached Paragraph 4 (a) of the Code of Conduct, namely to ‘treat others with courtesy and respect’.

(in line with the Procedure agreed under Standards Minute *18, Sir Simon Day, Mr Hipkin, Mr Hodgins, Mrs Mayes and Mrs Saltmarsh, showed their support for the approved resolution. In line with that procedure, their views are recorded in the minutes).

It was MOVED by Councillor Asvachin, SECONDED by Councillor Connett, and

RESOLVED that the Committee agree that the Subject Member has not breached paragraph 5(c) of the Code (bully any person (bullying characterised as any single act or pattern of offensive, intimidating, malicious, insulting or humiliating behaviour; an abuse or misuse of power or authority which attempts to undermine or coerce or has the effect of undermining or coercing an individual or group of individuals by gradually eroding their confidence or capability which may cause them to suffer stress or fear)).

(in line with the Procedure agreed under Standards Minute *18, Mr Hipkin, Mr Hodgins, Mrs Mayes and Mrs Saltmarsh showed their support for the approved resolution and Sir Simon Day abstained from voting. In line with that procedure, their views are recorded in the minutes).

It was MOVED by Councillor Twiss, SECONDED by Councillor Slade, and

RESOLVED that the Committee agree that the Subject Member has breached Paragraph 5 (h) of the Code of Conduct, namely, ‘not conduct yourself in a manner or behave in such a way so as to give a reasonable person the impression that you have brought your office or the Council into disrepute’.

(in line with the Procedure agreed under Standards Minute *18, Sir Simon Day, Mr Hipkin, Mr Hodgins, Mrs Mayes and Mrs Saltmarsh, showed their support for the approved resolution. In line with that procedure, their views are recorded in the minutes).

The Committee then considered each of the sanctions available to them, in turn, and agreed the following.

It was MOVED by Councillor Connett, SECONDED by Councillor Asvachin, and

RESOLVED

(a) that the Subject Member issue a formal and robust apology to the complainants, the wording of which is to be approved by the Group Leader and the Chair of this meeting of the Standards Committee;

(b) that training be organised by the Monitoring Officer or her Deputy, focussing on anger management and the use and knowledge of Council processes and procedures to achieve individual aims and make good decisions on how to progress these; and

(c) that the Subject Member does not participate in the Spotlight Review until such times that (a) and (b) above have been undertaken.

(in line with the Procedure agreed under Standards Minute *18, Sir Simon Day, Mr Hipkin, Mr Hodgins, Mrs Mayes and Mrs Saltmarsh, showed their support for the approved resolution. In line with that procedure, their views are recorded in the minutes).