Agenda item

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