Issue - meetings

            The Standards Committee Hearings Panel met to conduct a hearing of complaint in respect of an allegation that Parish Councillor Glenn Mills had breached Wroughton Parish Council’s Code of Conduct by a failure to treat with respect by virtue through his conversation with Parish Councillor Chris Manning following a meeting of the Parish Council on 21^st December 2009.

            The complaint had been referred by the Assessment Sub-Committee of 25^th January 2010 for local investigation and determination.  The referral was dealt with in accordance with Statutory Guidance and the Council’s own adopted Hearings Procedure. 

            The Monitoring Officer had appointed Miss Karen Trickey of Michelmores, Solicitors, as the Investigating Officer and she attended the meeting to present her report.  Parish Councillor Glenn Mills was present at the meeting and elected to present his own case to the Committee.  Parish Councillor Chris Manning attended as a witness, at the request of the Hearings Panel. 

            A pre-hearing of the Panel had decided to proceed to local hearing on the basis of the one allegation of failure to treat with respect contrary to paragraph 3 (1) of the Code of Conduct.  The Panel concurred with the Investigator’s recommendation that the other allegations of ‘bringing the office of Parish Councillor of Authority into disrepute’ contrary to paragraph 5 of the Code and ‘bullying’ contrary to paragraph 3 (b) of the Code had not been substantiated. 

            In accordance with its agreed procedure, the Hearings Panel first made its determination as to Findings of Fact, then as to whether or not the Members Code of Conduct had been breached.  The Panel received the written Investigators’ report and heard representations from Miss Karen Trickey the Investigating Officer and from Parish Councillor Glenn Mills and asked questions, and withdrew to make its decision at each stage.  In addition at the first stage the Panel heard representations from Councillor Chris Manning and all parties had the opportunity to ask questions.

Resolved – (1) That the Findings of Fact are as set down in the Full Decision of the Hearings Panel.

(2) That the Parish Code of Conduct did apply as Parish Councillor Glenn Mills and Parish Councillor Chris Manning had no relationship outside that of fellow parish Councillors, and that Mr Mills’ intention was to speak with Mr Manning was in relation to their relationship as Parish Councillors when conducting the business of the Parish Council.

(3) That Parish Councillor Glenn Mills had not breached the Members’ Code of Conduct by failing to treat another person with respect under paragraph 3(1) of the Code.  The reason for the decision was that although Mr Mills had persisted in wishing to speak to Mr Manning after the Parish Council meeting on 21^st December 2009 despite Mr Manning’s objections, his conduct and language was insufficient to constitute a breach of the Members Code of Conduct.

(4) That further to the determination of no breach of Code, the Monitoring Officer together with a member of the Standards Committee offer support and  ...  view the full minutes text for item 10

            The Standards Committee Hearings Panel met to conduct a Hearing of a complaint in respect of two complaints alleging that Councillor Vera Tomlinson of Swindon Borough Council had breached the Members’ Code of Conduct by failing to treat a person with respect by making allegations of collusion between Councillors at a public meeting of the Planning Committee,

            The complaint had been referred by the Assessment Sub-Committee of 7^th July 2009 for local investigation and determination.  The referral was dealt with in accordance with Statutory Guidance and the Council’s own adopted Hearings Procedure. 

            The Monitoring Officer had appointed Miss Karen Trickey of Michelmores, Solicitors, as the Investigating Officer and she attended the meeting to present her report.  Councillor Vera Tomlinson was present at the meeting and elected to present her own case to the Committee.  No witnesses were called.

            A pre-hearing of the Panel had decided to proceed to local hearing on the basis of the one allegation of failure to treat with respect, concurring with the Investigator’s recommendation that the second allegation of ‘bringing the Authority into disrepute contrary to paragraph 5 of the Code of Conduct had not been substantiated. 

            At the pre-hearing the Panel had received Councillor Vera Tomlinson’s request that the Hearing be held in private, due to concerns that any report of the Hearing would refer to ‘Councillor Tomlinson’, which could be taken as referring to Councillor Justin Tomlinson, which would be misleading and unfair to him.  Whilst sympathetic to those concerns, the Panel was of the initial view that the press or public should not be excluded from the Hearing under the provisions of Schedule 12A of the Local Government Act 1972, because the remarks which were the subject of the complaint had been made by Councillor Vera Tomlinson in public and had already been the subject of press reports so it was already in the public domain.  The Hearings Panel reaffirmed this view at the start of the hearing.

            In accordance with its agreed procedure, the Hearings Panel first made its determination as to Findings of Fact, then as to whether or not the Members Code of Conduct had been breached, and finally as to the appropriate sanction to impose.  At each stage of the process the Hearings Panel heard representations from the Investigating Officer and from Councillor Vera Tomlinson and asked questions, and withdrew to make its decision where appropriate.

Resolved – (1) That the Findings of Fact are as set down in the Investigators Report and in the Full Decision of the Hearings Panel.

(2) That, having considered the evidence presented by both parties to the case, it is determined that Councillor Vera Tomlinson breached the Members’ Code of Conduct by failing to treat another person with respect under paragraph 3(1) of the Code.  The reason for the decision is that Councillor Vera Tomlinson expressed a personal opinion which questioned the integrity of four members of the Planning Committee at a meeting which was open and attended by members  ...  view the full minutes text for item 19