Minutes:
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 17th 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 14th 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 4th 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 response to a question from the Independent Person regarding why the other 7 councillors had not submitted statements, Cllr Parkes explained that he had agreed to submit the complaint against Cllr Hanson Graham on behalf of the other councillors and that he had spoken to them and 7 were prepared to submit a written statement so it was disappointing that this had not been taken into account.
At 3.33pm Cllr Hanson Graham arrived at the meeting.
The Chairman asked the presenting officer to repeat her presentation of the Investigating Officer’s report.
Following the presentation, the Chairman asked Cllr Hanson Graham for his comments. Cllr Hanson Graham stated that he did receive a copy of the documents from Mr Greene and Mr Greene’s opinion was that there was no breach of the code.
In response to a question from Cllr Susan Cocking, Cllr Hanson Graham explained that he had spoken to Mr Greene on the telephone and that Mr Greene had sent another copy of the documents as he had moved house. Cllr Hanson Graham could not remember if he had then replied to Mr Greene and he confirmed that he had not sent a written statement.
The Chairman asked Cllr Hanson Graham if he had tried to use his position as a councillor to try to influence members of the Planning Committee. Cllr Hanson Graham replied that he was not corruptible and that he would not try and influence people.
At that point (3.50pm) the members of the Sub-committee went into private deliberations to consider the decision of the Sub-committee.
On returning to the committee room the Chairman of the Sub-committee announced the following:
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
has made
a decision to agree with the recommendation of the
Investigating Officer and find that there has been no breach of the Code.
The Chairman
thanked Cllr Parkes for his comments about the investigation and communications
which would be acted upon to see how the process could be
improved in the future.