Decision details

The Chairman confirmed the meeting was quorate. 

The Committee noted the procedure to be followed in determining the matter detailed below.

The Monitoring Officer submitted a report in respect of a complaint concerning Hormead Parish Councillor J Kilby.

The Committee noted that it was required to consider the Investigating Officer’s report and make one of the following findings:

(A)         that the Member had not failed to comply with Hormead Parish Council’s Code of Conduct;

(B)         that the Member had failed to comply with the Parish Council’s Code of Conduct but that no action needed to be taken in respect of the matters considered at the hearing;

(C)         that the Member had failed to comply with the Parish Council’s Code of Conduct and that a sanction should be imposed.

The subject Member, through his representative, Mrs M Kilby, confirmed that he did not disagree with any findings of fact detailed within the Investigator’s report.

The Chairman drew the Committee’s attention to the submission submitted by the complainant on the Investigator’s report.

The Investigator presented her report and summarised her findings in respect of the complaint.

The Committee asked questions of both the Investigator and subject Member.

Each Committee Member, at the invitation of the Chairman, confirmed that he/she was satisfied that they had sufficient information to enable them to determine whether or not the subject Member had failed to comply with the Code of Conduct.

The Committee retired to consider its determination.  On its return, the Chairman announced that the instance of conduct breach alleged by the complainant had been proven by the findings of fact stated in the Investigator's report.

The Chairman advised that the Committee had noted the vagueness, common in varying degrees to all the witness statements, about what was actually said to constitute the alleged conduct complained of and at what point or points in the agenda of the meeting of the Parish Council.  That uncertainty was considered to be understandable given the failure of anyone to react at the time and the delay first in proposing an amendment to the minutes of the meeting and subsequently in agreeing (or disputing) the accuracy of the minute as amended.  What was clear was that something untoward had been said.  In the circumstances, the Committee had judged it best to accept the subject member's admission that he had used the form of words:  'If this was an MP's expenses then he could have been accused of fraud.'  The subject member had acknowledged that the remark had been unwise and ill-expressed.

The Committee concluded that there had been a failure to comply with the Members' Code of Conduct amounting to a breach of Clause 3: a failure to treat others with respect.  The offence might well have been a marginal one if in vigorous discussion with and about another member, but the remark was seriously inappropriate when made about an officer and in the documented circumstances of this particular case.

The Committee noted all the submissions made both orally and in writing.

It agreed to impose a sanction requiring Councillor Kilby to write to Mr Marks, apologising for the form of words used and making clear that no imputation of fraudulent conduct had been intended.  Further, given that the matter was now a matter of public record, the letter of apology should be copied to the Parish Council and written into its minutes at the first opportunity and should be published in the Parish Newsletter.  The letter should also be copied to the Chairman of the Standards Committee.

RESOLVED – that (A) Hormead Parish Councillor
J Kilby has failed to comply with his Authority’s Code of Conduct; and

(B)   the following sanction, consequent upon the decision referred to in (A) above be applied:

CouncillorKilby to write to Mr Marks, apologising for the form of words used and making clear that no imputation of fraudulent conduct had been intended.  Further, given that the matter was now a matter of public record, the letter of apology should be copied to the Parish Council and written into its minutes at the first opportunity and should be published in the Parish Newsletter.  The letter should also be copied to the Chairman of the Standards Committee.