ASSESSMENT DECISION NOTICE
REFERRAL FOR INVESTIGATION
Reference:
CCN018/13
Complainant:
Councillor Allison Abaza
Subject Member:
Councillor Alvin Martin, St Columb Major Town
Council
Person conducting
the Assessment:
Simon Mansell – Principal Legal Officer, Corporate
Governance
Date of Assessment:
21 June 2013
Important – this decision notice should not be taken that a finding or acceptance of a
breach of the Code of Conduct has been found at assessment. It represents the view
that a breach of the Code of Conduct would be found if the allegations contained
within the complaint were proved. Whether there has or has not been a breach of the
Code of Conduct can only be established following the conclusion of the investigation
process.
Complaint
On 21 June 2013 the Monitoring Officer considered a complaint from Councillor Allison
Abaza concerning the alleged conduct of Councillor Alvin Martin of St Columb Major
Town Council. A general summary of the complaint is set out below:
The Complainant has stated that, at an informal meeting of St Columb Town Council
on 13 May 2013, Councillor Martin advised the members of the Council that he had an
Harassment Order in place against the Complainant, which the Complainant denies,
and, as a result of this, Councillor Martin has refused to sit on any Council
Committee’s with the Complainant.
Potential breaches of the Code of Conduct are;



Failure to treat others with respect
Bullying
conducting yourself in a manner which could reasonably be regarded as
bringing your office or authority into disrepute
The assessing officer is aware that the background to this matter relates to an
incident which occurred in October 2012. However, the complaint is assessed against
the actions that were taken on 13 May 2013 and any previous incident is only
referenced where it is relevant to this assessment.
Decision
For the reasons as set out below this matter is referred for investigation and no
finding is made at assessment as to whether the Code of Conduct for St Columb Town
Council has been breached.
Reasons for the Decision
Insufficient information has been obtained to enable this complaint to be assessed and
determined without the need to refer the complaint for investigation.
The Complainant has stated that Councillor Martin advised the Council that an
Harassment Order was in place against her and this has been confirmed by the
Independent Person who has spoken to Councillor Martin, and by Councillor Martin in
the response to the allegations.
While the events which took place at the Council meeting on 13 May 2013 have been
confirmed by Councillor Martin it cannot be established at assessment whether a
formal Court Order under the Protection of Harassment Act 1997 was in place at the
time of the meeting or whether the ‘order’ referred to is an Harassment Warning,
which can be issued by the police.
This matter is referred for investigation to;


first establish as to whether there was an Harassment Order or Warning in
place at the time of the meeting of the Town Council on 13 May 2013;
once this is established the investigating officer will then need to consider
what, if any, paragraphs of the Code of Conduct have been breached by
Councillor Martin through his actions. The potential breaches as set out at the
start of this Decision Notice are to form a guide only for this part of the
investigation as it is premature at this stage to give any indication of which
paragraphs of the Code may be engaged, if any.
In reaching this decision I have had regard to the views of the Independent Person.
What happens now?
This decision notice is sent to the complainants, the member against whom the
allegation was made and the Clerk to St Columb Major Town Council.
An investigating officer will be appointed to investigate the complaint on behalf of the
Monitoring Officer who will be in touch with you as soon as possible. In relation to the
investigation process, please see the attached guidance.
Terms of reference
In line with the legislative requirements of the Localism Act 2001 the constitution of
Cornwall Council charges the Standards Committee of Cornwall Council with
promoting and implementing the local assessment process for Code of Conduct
complaints against members of Cornwall Council as well as members of the Parish,
Town and City Councils within the Council’s area.
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
Principal Legal Officer
On behalf of the Monitoring Officer
Date: 25 June 2013