Minutes:
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 25th 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 Behaviour Framework, the Code of Conduct and the sanctions that were or were not available, as the case maybe.
At 2.30pm the members of the Sub-committee went into private deliberation to consider the decision the Sub-committee.
On returning to the committee room at 3.00pm the Chairman announced the decision of the Sub-committee:
Decision
Having heard
from the presenting
officer on behalf of the Investigating
Officer and having read all
of the papers and having taken account of the view of
the Independent Person, the committee made a decision to agree with the recommendation of
the Investigating Officer and found that there had been no breach of the Code
of Conduct.
Before closing
the meeting, the Chairman thanked Cllr
L Fry for his comments that would be taken forward to the Monitoring Officer
for discussion on some of the wider issues outside of the Code of Conduct.