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 censured;
(f) The nature of the complaint and the Ethical Governance and Personnel Committee’s decision be published on the council’s website.