Agenda and minutes

To elect a Chairman for the meeting.

It was proposed by Cllr Susan Cocking, seconded by Cllr B Bawden

Decision

That Cllr R Biggs be elected Chairman

To disclose any pecuniary, other registrable or non-registrable interest as set out in the adopted Code of Conduct.  In making their decision councillors are asked to state the agenda item, the nature of the interest and any action they propose to take as part of their declaration.

If required, further advice should be sought from the Monitoring Officer in advance of the meeting.

There were no declarations of interest.

To note the Sub-Committee’s terms of reference:-

Audit and Governance (Hearing) Sub-Committees for the consideration of Code of Conduct Issues

(a)          The Audit and Governance Committee shall arrange that, to the extent it is called upon to determine any allegation relating to a Member Code of Code (including that of a Town Council or a Parish Council), the determination shall be made by a Sub-Committee of the Audit and Governance Committee.  An Audit and Governance Sub-Committee with such responsibility may include non-Members.  An Audit and Governance Sub-Committee that has non-Members forming part of it shall not have any power relating to the regulation and/or control of the finances of the Council.

(b)          Substitutes may only be appointed to an Audit and Governance Sub-Committee from the membership of the Audit and Governance Committee.  There shall be no power to appoint non Member substitutes.

The terms of reference were noted.

To consider any items of business which the Chairman has had prior notification and considers to be urgent pursuant to section 100B (4) b) of the Local Government Act 1972.  The reason for urgency shall be recorded in the minutes.

There were no items of urgent business.

To move the exclusion of press and the public for the following items in view of the likely disclosure of exempt information within the meaning of paragraph 1 of schedule 12A to the Local government act 1972 (as amended).

The Chairman asked those present if there was any reason that the meeting should be held in exempt business.  No reasons were put forward the Chairman therefore announced that the meeting would be held in public.     

The report was presented by Ms Jacqui Andrews on behalf Mr Roger Greene, the Investigating Officer, who had retired from Dorset Council.

The presenting officer outlined the complaint submitted by Cllr L Fry and Cllr D Walsh and a confidential Dorset Councillor against Cllr D Tooke which related to an alleged breach of the Councillor Code of Conduct at a Planning Webinar on 25^th May 2022. The complaints made related to Cllr Tooke’s alleged conduct at the webinar, which was said to be aggressive, rude, discourteous, impolite, and disrespectful to members and an officer in attendance.  The presenting officer explained that, as she had not undertaken the investigation, her role was to present Mr Green’s view and to highlight the relevant legislation and case law that members of the committee would need to consider when considering the complaint. 

The main issue for the committee to consider was Freedom of Expression. In line with Article 10 of the European Convention on Human Rights it was possible for councillors to express strong views, and/or challenge views, opinions and decisions of councillors and officers. Article 10 protected the freedom of expression to hold opinions and ideas, including speech, which might be unpopular or shock. There was also case law that gave councillors enhanced protection of freedom of expression which extended to all matters  of public administration and public concern including comments on the adequacy or inadequacy of performance of public duties by others.  The presenting officer also highlighted the importance to balance the enhanced protection and open discussion against a requirement to protect officers and to take a proportionate stance.

Having taken legislation and case law into account and having reviewed the recording of the webinar and consideration of the 3 complaints received against Cllr D Tooke and Cllr Tooke’s response, Mr Greene’s recommendation was that there was no breach of the Code of Conduct.

The Chairman of the Sub-committee asked the parties in attendance if they had any questions to put to the presenting officer, Cllr Walsh, Cllr Fry, Cllr Tooke, Cllr Bawden, Cllr Cocking and the Independent Person, Elizabeth Whatley had no questions.

The Chairman invited Cllr D Tooke to respond to the complaint, Cllr Tooke replied that his response was clear in the report and that he had discussed the matter with Mr Greene who had viewed the webinar, he therefore had nothing to add. 

The Chairman invited Cllr Fry to respond to the findings of the report and Cllr Fry stated that whilst he accepted the conclusions of the Investigating Officer’s report, he was disappointed that the Dorset Council Behaviour Framework was at odds with the outcome of the report, and he felt that this issue should be addressed.  In response the Deputy Monitoring Officer stated that the proceedings of the Sub-committee were in respect of the Councillor Code of Conduct, however if Cllr L Fry continued to have concerns a discussion could be held with the Monitoring Officer, Jonathan Mair, to discuss in general terms the Council’s  ...  view the full minutes text for item 69.

Complaint 2 commenced at 3.15pm.

The report was presented by Ms Jacqui Andrews on behalf Mr Roger Greene, the Investigating Officer, who had retired from Dorset Council.

The presenting officer outlined the complaint submitted by Cllr M Parkes in his capacity as a Ferndown Town Councillor in respect of the alleged conduct of Cllr Paul Hanson Graham. The complaint alleged that Cllr Hanson Graham failed to show respect and displayed poor behaviour at a meeting of the Full Council of Ferndown Town Council on 17^th January 2022.  It was alleged that Cllr Hanson Graham made a number of derogatory comments and remarks about Dorset Council Councillors who were present at the meeting. At the Full Council meeting both Cllr M Parkes and the Town Clerk asked that Cllr Hanson Graham make an apology for his comments, but it was alleged that he failed to do so.  The complaint also alleged that Cllr Hanson Graham raised issues about a planning matter where there were concerns about him having predetermined the matter having had discussions directly with the developer.  It was alleged that Cllr Hanson Graham failed to take advice in respect of this issue and continued to speak on the matter.

Mr Greene had written to both Cllr Parkes and Cllr Hanson Graham on 3 occasions and did not receive a response.  Mr Greene checked the contact details with the Town Clerk and in a final letter advised that if he did not hear from either party, he would close the investigation.  Having received no response Mr Greene wrote to both parties on 14^th April 2022 confirming that he would close the case and take no further action.  Subsequently Cllr M Parkes advised the Deputy Monitoring Officer that he had not received the initial letter from Mr Greene but had received the second letter in March 2022 and had replied in writing as he had received the letter in hard copy.  It appeared to the presenting officer that Mr Greene had not received the letter from Cllr Parkes that had been sent in the post.

In the circumstances Mr Greene’s recommendation to the Sub-committee was no breach of the Code of Conduct and that no further action be taken.

The Chairman asked Cllr Parkes if he would like to comment on what he had heard. Cllr Parkes confirmed that he did not receive the first letter sent by Mr Greene but did receive the second letter and he had written back to Mr Greene on the 4^th April and he had a copy of that letter. The letter that he had sent had asked that Mr Greene contact the Town Clerk for a statement and contact 7 other councillors that were also willing to provide a statement.  Cllr Parkes felt disappointed with the process and felt that the complaint had not been investigated properly.  The Chairman thanked Cllr Parkes for his comments and agreed to look into the council’s processes to see what improvements could be made.

In  ...  view the full minutes text for item 70.