Issue - meetings

Report of the independent investigator.

This item is held over from the meeting of 8 October 2024 which was adjourned.

For the record, it was stated that this meeting had been reconvenedfollowing adjournment of the meeting held on 8 October 2024 to allow the subject member the opportunity to review the report.

Members considered the report of the independent investigator into a complaint received about Councillor Boothby in his capacity as borough councillor.

The investigator was present via Teams and had not called any witnesses but had interviewed and / or received statements from all involved. Councillor Boothby was also in attendance via Teams.

The Chair asked if members wished the investigator to go through the report again, but members confirmed they were happy to continue.

The Chair invited questions of the investigator from members. Councillor Boothby was then invited to respond to the report, following which members proceeded to ask questions.

In answering questions, Councillor Boothby refuted the allegations contained within the complaint that he had shouted and was aggressive. He claimed that the complaints were politically motivated.

The investigating officer and Councillor Boothby left the meeting at this juncture and members debated the report.

Members were in agreement that Councillor Boothby had been acting in an official capacity and that his interactions with the teacher and the coach driver had breached the code of conduct by failing to treat them with respect. Members felt, however, that Councillor Boothby’s behaviour had not reached the threshold for bullying and harassment on this occasion as the test for this was at a higher level.

In discussing possible sanctions, members expressed their concern that they had imposed sanctions on Councillor Boothby previously, but the behaviour had continued. It was felt that a letter should be sent to Councillor Boothby highlighting the failings in his conduct, he should be asked to apologise to the teacher and the school, he should be required to attend additional training on the code of conduct, recommendations be put to Council to remove him from Planning Committee for a period of 12 months and that he be censured, and the decision of the committee in relation to the complaint be published on the council’s website.

It was moved by Councillor M Crooks, seconded by Councillor Lynch and

                        RESOLVED –

(i)         Councillor Boothby had been acting in an official capacity as borough councillor at the time of the incident;

(ii)          The actions of Councillor Boothby had breached the code of conduct;

(iii)         Councillor Boothby had failed to treat the teacher and the bus driver with respect;

(iv)         Councillor Boothby’s actions did not constitute bullying;

(v)          The following sanctions be imposed:

(a)          A formal letter be written to Councillor Boothby highlighting the failings in his conduct;

(b)          Councillor Boothby be requested to write a formal apology to the teacher and the school;

(c)          Councillor Boothby be requested to undertake additional training on the code of conduct;

(d)          A recommendation be put to Council to remove Councillor Boothby from Planning Committee for a period of 12 months;

(e)          A recommendation be put to Council that Councillor Boothby be  ...  view the full minutes text for item 209

Report of the independent investigator.

The Ethical Governance & Personnel Committee considered the report of the independent investigator into a complaint about a borough councillor.

The investigator was present and had not called any witnesses but had interviewed and / or received statements from all involved. The subject member was also in attendance.

The investigator presented the report and members proceeded to ask questions of the investigator.

The subject member was invited to respond to the investigator’s report and stated that they had not received a copy of the agenda for the meeting. The chair offered to adjourn for the subject member to review the agenda pack but the subject member declined. It was acknowledged that the subject member had been informed of the complaints and had made a statement which they then signed and dated.

The subject member went on to refute the allegations contained within the complaint that they had shouted and were aggressive.

The investigating officer and subject member left the meeting at 2.50pm and members debated the report.

During consideration, members briefly discussed the report but were concerned that the subject member claimed not to have received a copy of the investigation report. Based on the Monitoring Officer’s advice, it was agreed that the meeting would be adjourned to allow the subject member the opportunity to review the report.

The investigator and subject member returned to the meeting at 3.07pm whereby they were informed that the meeting would be adjourned to 21 October at 12pm. The subject member would then have the opportunity to address the meeting in response to the report or could submit a response in writing if they preferred.

                        RESOLVED – the meeting be adjourned and reconvened at 12pm on Monday, 21 October.

The committee considered a complaint about a borough councillor, including a statement from the councillor that was circulated prior to the meeting. Concern was expressed that there were similarities with a previous complaint about the same subject member, but members were advised that this complaint must be considered in isolation. Members highlighted the conflicting statements between the witnesses and the subject member and felt that the matter should be investigated. It was moved by Councillor Bray, seconded by Councillor Allen and

RESOLVED – the complaint be referred for investigation.