Tuesday, June 29, 2010

Standards Descision Notice SBE-10895-C93Q4 Oakham Town Council

Standards for England

Subject member Cllr Alf Dewis
Member's Authority Oakham Town Council
Complainant Cllr Martin Brookes
Standards committee authority Rutland County Council

Allegation:

On 28th May 2010, the assessment sub-committee of Rutland County Councils standards committee decided to refer the above allegation to Standards for England. It was received by Standards for England on 17 June 2010.

The allegation is summarised in the authority's decision notice.

Decision

When a standards committee refers an allegation to Standards for England, it must make one of three decisions.

refer the case to one of its ethical standards officers;
refer the allegation back to the standards committee of the relevent authority; or
take no further action.

Having carefully considered the information provided to it, Standards for England has decided, in accordance with section 58(2) of the local government act 2000, as amended, to take no further action.

Reason for decision

The complainant has alledged that the subject member has breached the Code by goading the complainant and speaking to him in an intimidating manner.

The alleged conduct occurred during the annaul general meeting of Rutland County Council, but both attended the meeting as "observers". Neither are members of the County Council, but both are members of Oakham Town Council.

There is no evidence that either the complainant or subject member were attending the County Council meeting in their capacity as members of the Town Council, or that by doing so they were acting, claiming or giving the impression of acting as members of the Town Council. I do not consider therefore that the code if conduct applies inrelation to the alledged behaviour of the subject member.

Furthermore, the complainant's letter refers to the subject member speaking to him in an "intimidating and childish manner", that he tried to "provoke" the complainant and that the subject member's behaviour was "harassing" the complainant. No further details are provided of the alleged conduct.

I do not consider that the code applies to the subject member's conduct, nor that any breach of the code is disclosed on behalf of the subject member.

I have decided to take no further action in relation to this allegation.