Minutes:
NORTH YORKSHIRE COUNCIL
STANDARDS AND GOVERNANCE
COMMITTEE
HEARINGS PANEL
Complaint by the Area
Manager, Highways, North Yorkshire Council against Sharow
Parish Councillor Robert Forber
Reference: NYC/SGC/2023/35
Summary of
Decision
North Yorkshire Council is the principal authority for parish and town
councils in North Yorkshire for the purposes of the standards provisions in the
Localism Act 2011. It is responsible for receiving and handling complaints that
a parish/town councillor may have breached that authority’s code of conduct for
Members.
On 18 October 2024 the Standards and Governance Committee Hearings
Panel, in consultation with the Independent Person for Standards and an
independent parish/town council representative, considered a complaint by the
Area Manager, Highways, North Yorkshire Council, that Parish Councillor Robert
Forber of Sharow Parish Council has failed to follow
the Parish Council’s Code of Conduct for Members and is in breach of paragraph
1 of the Code regarding not treating others with disrespect.
Summary of complaint
The complaint arises in the context of a site meeting held in the parish
of Sharow to discuss concerns regarding
the design of a chicane in the road in Sharow
village, which was attended by the subject Member, two officers from North
Yorkshire Council and others.
The Complainant alleges that there was a
frank exchange of views at the meeting, which was heated and that officers were
uncomfortable with the aggressive behaviour demonstrated by the subject Member
which including shouting and laughing at officers and waving arms around as a
sign of dismay.
Following the meeting, a
number of emails were sent in which the comments by the subject Member
are deemed to be unacceptable by the Complainant through the use of distasteful
and disrespectful language.
The Corporate Director of Environment
subsequently emailed the subject Member on 18 July 2023 advising him that the
content of his communications was unacceptable and had been reported to the
Monitoring Officer.
Summary of findings
The Panel found that the subject Member was acting in his official
capacity at the relevant time.
The Panel found that the following comments made by the subject Member
were in breach of paragraph 1 of the Code in that they were
disrespectful to certain North Yorkshire Council officers:
·
“Such
incompetence and arrogance is not befitting of public
servants and I believe that their future employment should be reviewed;
·
·
“We
must not let this issue rest until those mindless idiots … take some corrective
action. If there is a fatal accident they will have
blood on their hands”.
Sanctions and Recommendations
The Panel recommends to Sharow Parish Council
that:
1.
The
subject Member apologise to the Complainant for the disrespectful language
used.
·
2.
The
subject Member undertake training on the Code of Conduct, the link to which can
be provided by the Monitoring Officer. The other Parish Councillors may also
wish to take up the opportunity to have standards training.
Publicity
The Panel resolved that a full written Decision Notice, with third party
personal information redacted, be sent to the parties and the Parish Council and be published on North Yorkshire Council’s
website.
There is no right of appeal in relation to this decision.
If either party believes North Yorkshire Council has not followed its
procedures in handling the complaint, they may complain to the Local Government
and Social Care Ombudsman.
For further information about this matter please contact the Monitoring
Officer at MonitoringOfficer@northyorks.gov.uk
Councillor Heather Phillips
Chair of the Standards and Governance Committee Hearings Panel
North Yorkshire Council
18 October 2024
NORTH YORKSHIRE COUNCIL
STANDARDS AND GOVERNANCE
COMMITTEE
HEARINGS PANEL
Complaint by the Area
Manager, Highways, North Yorkshire Council against Borrowby
Parish Councillor Fred Wachsberger
Reference: NYC/SGC/2023/36
Summary of
Decision
North Yorkshire Council is the principal authority for parish and town
councils in North Yorkshire for the purposes of the standards provisions in the
Localism Act 2011. It is responsible for receiving and handling complaints that
a parish/town councillor may have breached that authority’s code of conduct for
Members.
On 18 October 2024 the Standards and Governance Committee Hearings
Panel, in consultation with the Independent Person for Standards and an
independent parish/town council representative, considered a complaint by the
Area Manager, Highways, North Yorkshire Council, that Parish Councillor Fred
Wachsberger of Borrowby Parish Council has failed to
follow the Parish Council’s Code of Conduct for Members and is in breach of
paragraph 1 of the Code regarding treating others with respect.
Summary of complaint
The complaint arises in the context of a site meeting held in the parish
of Sharow to discuss concerns regarding
the design of a chicane in the road in Sharow
village, which was attended by the subject Member, two officers from North
Yorkshire Council and others.
The Complainant alleges that there was a
frank exchange of views at the meeting, which was heated and that officers were
uncomfortable with the aggressive behaviour demonstrated by the subject Member
which including shouting and laughing at officers and waving arms around as a
sign of dismay.
Following the meeting, a
number of emails were sent in which the comments by the subject Member
are deemed to be unacceptable by the Complainant through the use of distasteful
and disrespectful language.
The Corporate Director of Environment,
through the Complainant, subsequently warned the subject Member that the
content of his communications was unacceptable and had been reported to the
Monitoring Officer.
Summary of findings
The Panel found that, whilst finely balanced, on a balance of
probabilities the subject Member was deemed to be acting in his official
capacity at the relevant time, as his initial contact email of 3 July 2023 to
officers and another individual was signed “Councillor Fred Wachsberger”,
thereby giving the impression to officers that he was acting in an official
capacity as a parish councillor. In later correspondence within the relevant
email trail, another parish councillor introduces him as Chairman of Borrowby Parish Council.
The Panel found that the comment made by the subject Member that there “ has to be a joint onslaught against” an identifiable
officer, was in breach of paragraph 1 of the Code in that it was
disrespectful to the officer.
Sanctions and Recommendations
The Panel recommends to Borrowby Parish
Council that:
3.
The
subject Member apologise to the Complainant for the disrespectful language
used.
·
4.
The
subject Member undertake training on the Code of Conduct, the link to which can
be provided by the Monitoring Officer. The other Parish Councillors may also
wish to take up the opportunity to have standards training.
·
5.
The
Parish Council reviews and updates its Code of Conduct for Members as it would appear that it has not been updated since 2012.
Publicity
The Panel resolved that a full written Decision Notice, with third party
personal information redacted, be sent to the parties and the Parish Council and be published on North Yorkshire Council’s
website.
There is no right of appeal in relation to this decision.
If either party believes North Yorkshire Council has not followed its
procedures in handling the complaint, they may complain to the Local Government
and Social Care Ombudsman.
For further information about this matter please contact the Monitoring
Officer at MonitoringOfficer@northyorks.gov.uk
Councillor Heather Phillips
Chair of the Standards and Governance Committee Hearings Panel
North Yorkshire Council
18 October 2024