Agenda and draft minutes

Adjourned hearing, Ethical Governance and Personnel Committee - Monday, 21 October 2024 12.00 pm

Venue: De Montfort Suite, Hinckley Hub. View directions

Contact: Rebecca Owen, Democratic Services Manager on 01455 255879 or email  rebecca.owen@hinckley-bosworth.gov.uk 

Items
No. Item

205.

Appointment of chair

Minutes:

It was moved by Councillor Cartwright, seconded by Councillor W Crooks and

 

RESOLVED – in the absence of the chair and vice-chair, Councillor Lynch take the chair for this meeting only.

 

Councillor Lynch took the chair at this juncture.

206.

Apologies and substitutions

Minutes:

Apologies for absence were submitted on behalf of Councillors Bray and Pendlebury with the substitution of Councillor Hodgkins for Councillor Pendlebury authorised in accordance with council procedure rule 10.

 

207.

Declarations of interest

To receive verbally from members any disclosures which they are required to make in accordance with the Council’s code of conduct or in pursuance of Section 106 of the Local Government Finance Act 1992. This is in addition to the need for such disclosure to be also given when the relevant matter is reached on the agenda.

Minutes:

No interests were declared.

208.

Matters from which the public may be excluded

To consider the passing of a resolution under Section 100A(4) of the Local Government Act 1972 excluding the public from the undermentioned item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 1 and 10 of Schedule 12A of the 1972 Act.

Minutes:

On the motion of Councillor M Crooks seconded by Councillor Cartwright it was

 

RESOLVED – in accordance with section 100A(4) of the Local Government Act 1972, the public be excluded from the following item of business on the grounds that it involves the disclosure of exempt information as defined in paragraphs 1 and 10 of Part 1 of Schedule 12A of that Act.

209.

Complaint 2024/01

Report of the independent investigator.

 

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

Minutes:

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.