Agenda and draft minutes

To elect a Chairman for the meeting.

It was proposed by Cllr Gray seconded by Cllr Goringe that Cllr Biggs be elected Chairman.

To receive any apologies for absence.

There were no apologies for absence.  

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.

The Chairman took the opportunity to explain to those present that as Dorset Councillors they were impartial in their decision making and were acting in the public 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.

To note the Dorset Council Member Complaint Process (attached).

The terms of reference and the complaints process 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.

Ms A Williams acting as the representative of Cllr Reynolds and Cllr Ellis made a statement to the Sub-committee.  Ms Williams stated that she was a Deputy Monitoring Officer for a district council but she was attending this meeting as a friend of Cllr Reynolds and Cllr Ellis. Ms Williams asked the Sub-committee to disregard the report submitted in the agenda papers by Mr N Maton as she believed inclusion of this report was contrary to the Localism Act as Mr Maton, an Independent Person, had been sent to the Lyme Regis Town Council meetings before a written complaint had been received.    

In response to the request the Chairman of the Sub-committee advised that the report from Mr N Maton would not be excluded from the papers for the meeting but assured Ms Williams that the members of the Sub-committee would be acting impartially and that they would listen to everyone’s views at the meeting.

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 Sub-committee agreed that the meeting would be held in public.

To consider the report of the Investigating Officer.

Ms J Andrews, Investigating Officer presented her report in respect of a number of complaints made against Lyme Regis Town Councillors C Reynolds and M Ellis by Town Councillors B Bawden and C Aldridge.

To investigate the formal complaints received the following evidence had been taken into consideration by the Investigating Officer:

•          Lyme Regis Town Council Code of Conduct dated April 2021.

•          Lyme Regis Town Council Standing Orders adopted by Full Council on 18 May 2022.

•          Report of Mr N Maton, who attended the Lyme Regis Full Council meeting on 15 February 2023.  

•          Audio recordings of the meetings referred to in the complaints.

The Investigating Officer had also interviewed a number of Lyme Regis Town Councillors and a record of those discussions had been appended to the report. The complaints were set out in full in the report and the Investigating Officer took the Sub-committee though each of the main issues in turn.

The first issue related to a visit by Cllr Ellis to the house of Cllr Sarson and following that visit a statement made by Cllr C Reynolds after a Human Resources Committee meeting, which was subsequently followed by an email exchange between councillors.  The allegation was that Cllr Ellis went uninvited to the home of Cllr Sarson and, in the words of one of the complainants “hammered on his door and berated him for having the temerity to stand against her” for the position of Mayor.

The Investigating Officer was of the view that whilst it was entirely a matter for individual councillors to choose to observe what was perceived by some as tradition/custom/expectation, the Standing Orders of the Town Council were very clear that the role of the Mayor was voted upon annually and, whilst those wishing to put themselves forward for election may be expected to “canvass” for support, there should be no attempt to stifle the clearly documented democratic process for election of the Mayor.

Cllr Sarson had originally made a complaint via Cllr May but had subsequently withdrawn his complaint as he wanted to seek to foster good working relationships with all councillors. 

It was alleged by Cllrs Bawden and Aldridge that the visit to Cllr Sarson’s house by Cllr Ellis, the Mayor at that time, was unexpected and uninvited and that Mrs Sarson was left very upset by the exchange.  Cllr Ellis did not deny that she went to visit Cllr Sarson but she had wanted to explain the “tradition” of allowing a Mayor a second year in office.  Cllr Ellis said that she was not aggressive but merely wanted to ensure that Cllr Sarson understood the tradition/custom.  The Investigating Officer reported to the Sub-committee that unfortunately all of the reports of this exchange had come from people who did not directly witness what was said and Cllr Sarson did not wish to raise a formal complaint himself.

In view of the fact that the evidence in respect of this complaint was largely hearsay from third parties, with  ...  view the full minutes text for item 14.