Agenda item

To consider an Investigation Report and Appendices.

The Hearing Panel conducted a hearing into allegations that Councillor Phil Chamberlain and Councillor Jeff Sumner had breached the Council’s Code of Conduct for Members, during a visit to the home of a local resident, by failing to treat others with respect and by conducting themselves in a way that could reasonably be regarded as bringing their office and the authority into disrepute.

The hearing was conducted in accordance with the Council’s arrangements for investigating and taking decisions on alleged breaches of the Code of Conduct for Members.

The Investigating Officer, Catherine Waudby, who had carried out an investigation into the allegations, presented her report and responded to questions from Councillor Whitaker on behalf of Councillor Chamberlain and from Councillor Birtwistle on behalf of Councillor Sumner. She then responded to questions from the members of the Hearing Panel.

Councillor Whitaker presented Councillor Chamberlain’s case and responded to questions from members of the Hearing Panel.

Councillor Birtwistle presented Councillor Sumner’s case and responded to questions from members of the Hearing Panel.

Councillor Birtwistle then called the resident as witness to the incident.

The witness responded to questions from Councillors Whitaker and Birtwistle, the Investigating Officer and members of the Hearing Panel. The witness then left the meeting.

Councillors Whitaker, Birtwistle and the Investigating Officer were invited to sum up before being asked to leave the room at the same time as Councillors Hosker and McGowan so that the Hearing Panel could commence its deliberations.

Before commencing its deliberations the Hearing Panel took into account and had regard to the views of the Independent Person.

The Hearing Panel invited the Investigating Officer and Councillors Whitaker, Chamberlain, Birtwistle and Sumner to return and the Chair presented the Panel’s decision and reasons.

Decision

The Hearing Panel agreed with the Investigating Officer that Councillor Chamberlain and Councillor Sumner had breached the Code of Conduct in that they had failed to treat others with respect (section 3.1) and had conducted themselves in a way that could reasonably be regarded as bringing their office and the authority into disrepute (section 5).

Reasons for decision

A hostile discussion had taken place between two elected members in the presence of a resident and a vulnerable adult.

The incident had begun in a private residence and spilled over in a public place. Although Councillor Sumner had suggested that Councillor Chamberlain was the instigator, Councillor Sumner could have chosen not to get involved in the discourse. Neither did he de-escalate the situation.

It was left to a member of the public, i.e. the resident, to intervene to de-escalate the situation.

The Hearing Panel then invited Councillors Chamberlain and Sumner to make representations on any sanctions before asking them to leave, along with the Investigating Officer and Councillors Whitaker, Birtwistle, Hosker and McGowan, so that the Panel could consider the actions it might take regarding the breach of respect and disrepute.

Before considering any action to be taken, the Hearing Panel took into account and had regard to the views of the Independent Person.

The Hearing Panel invited the Investigating Officer and Councillors Whitaker, Chamberlain, Birtwistle and Sumner to return and the Chair presented the following sanctions:

Sanctions

The Hearing Panel will publish its findings in respect of the conduct of Councillor Chamberlain and Councillor Sumner;

The Hearing Panel will report its findings to full Council for information;

Councillor Chamberlain and Councillor Sumner will apologise in writing to the witness and the witness’ family;

Councillor Chamberlain and Sumner will apologise in writing to all members of the Council, and

Councillors Chamberlain and Sumner are recommended to agree to mediation. Should either member fail to agree to this, the Monitoring Officer is recommended to arrange conflict resolution training for both members.