ASSESSMENT DECISION NOTICE
NO BREACH OF THE CODE
Reference:
CCN030/13
Complainant:
Mr Simon Townly
Subject Member:
Councillor Hannaford, Looe Town Council
Person conducting
the Assessment:
Simon Mansell - Principal Legal Officer, Corporate
Governance
Date of Assessment:
29 August 2013
Complaint
On 29 August 2013 the Monitoring Officer considered a complaint from Mr S Townly
concerning the alleged conduct of Councillor Hannaford of Looe Town Council. A
general summary of the complaint is set out below:
The Complainant has alleged comments made by Councillor Hannaford at a
meeting of Looe Town Council’s Procedures Committee, held on 26 June 2013,
failed to treat him with respect and such statements would harm the
Complainant’s reputation and will decrease the respect with which he is held.
Decision
For the reasons set out below the finding at assessment is, that there is no breach of
the Code of Conduct
Reasons for the Decision
In assessing this complaint I have had regard to the following information;
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The
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complaint as made by the Complainant;
response to the complaint made by Councillor Hannaford;
Minutes of the Procedures Committee held on 26 June 2013;
role profile of the Complainant; and
views of the Independent Person.
The Complainant has, in part of his complaint, stated that he considers some of the
actions of Councillor Hannaford to be bullying and harassment in the workplace.
While the Code of Conduct can look at the behaviour of an individual Councillor it
cannot look at issues which are set between an employee and employer. As a
member of Looe Town Council, Councillor Hannaford is responsible as an employer of
the Complainant for her actions, and therefore the Complainant should first make a
complaint under his employee’s procedures in an attempt to resolve these differences.
In a similar manner the Complainant has requested a copy of the information upon
which Councillor Hannaford based the statements she made. Should the Complainant
require this information it should be requested as part of a Freedom of Information
request made to Looe Town Council.
This assessment considers only if the statements made by Councillor Hannaford at the
meeting on 26 June 2013 were disrespectful.
The Complainant has stated that he considers that comments made by Councillor
Hannaford at a meeting of Looe Town Council’s Procedures Committee held on
26 June 2013 were defamatory and had the potential to harm his reputation and
decrease the respect, regard and confidence with which he is held.
Councillor Hannaford has stated in her response to the allegations that the meeting of
the Procedures Committee was a closed meeting and that this meeting was organised
by the Mayor in order to discuss the role of the Complainant.
The Minutes of the Procedures Committee dated 26 June 2013 shows that the review
of the Complainant’s Role Profile was first considered in open session and then, after a
formal resolution was passed, in closed session and it as this point that the alleged
remarks were made.
Application of the Code of Conduct
Paragraph 2.1 You must treat others with respect.
This part of the Code does not allow someone to be treated unjustly, unfairly or
unreasonably; and in this while officers can be criticised they cannot be subject to
unnecessary personal attack. Any consideration as to whether the Code has been
breached has to be made on an objective basis, not a subjective one.
In terms of the forum at which the alleged statements were made, this would appear
to be the correct one. The Complainant is an employee of Looe Town Council and the
meeting was called in response to concerns raised about the Complainant. This was
first discussed in open, and then closed session. By moving to a close session this
excludes the press and the public from the meeting; therefore the discussion is limited
to those in the room.
In terms of the statement that was made by Councillor Hannaford; she has set out in
her response to the allegations that she made the statement she had after being
advised by members of the community of their views of the Complainant, and that
she only made the statement once the meeting had moved into private session.
Following the meeting a series of actions were made in the form of a recommendation
to full Council. These actions, once the recommendation was approved, then became
a decision of the Town Council, not of an individual councillor.
In terms of the forum when the statement was made; I consider that Councillor
Hannaford acted correctly in waiting until the meeting was in closed session before it
was made.
With regards to the statement itself; while I have noted the Complainant’s subjective
concerns about the statement that was made I do not consider, taking into account
the forum in which the statement was made, that the comments are unjust, unfair or
unreasonable. Councillor Hannaford was setting out what she considers to be factual
statements that had been made to her by member of the community.
The Code of Conduct does not allow unnecessary personal attacks to be made on an
individual but it does allow an officer to be criticised, if it is done in the correct
manner. While the Complainant may not like the statements that were made I do not
consider, again taking into account the forum in which they were made, that the
statements were an unnecessary personal attack but were relating factual comments
which were made in context to the item under discussion.
I therefore do not consider that Councillor Hannaford has breached paragraph 2.1 of
the Code of Conduct for Looe Town Council by making the statements she did at the
meeting of the Procedures Committee on 26 June 2013.
What happens now?
This decision notice is sent to the complainant, the member against whom the
allegation has been made and the Clerk to Looe Town 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
28 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
Principal Legal Officer
On behalf of the Monitoring Officer
Date: 30 August 2013