10 June 2021
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Yes, it was an extraordinary meeting. However, first I’ve got to cover the events leading up to the extraordinary meeting.
The agenda went out on 26 May. I noticed there were two items to be discussed in a confidential session. The Clerk’s covering e-mail said that these two items were sensitive and reports would be circulated on the day of the meeting.
Now I don’t know about you but when I go to a meeting and I am asked to decide on sensitive issues, I like to have reports well in advance. I can then make sure I understand the issues, look things up if I need to, and come to the meeting ready to discuss and decide rather than desperately trying to read the papers while the meeting is taking place.
So I wrote to the Clerk asking for the reports well in advance.
To my surprise, the Chairman, Councillor Paul Nicholls, responded saying:-
“[the second item] relates to a matter concerning a potential Breach of the Code of Conduct. Given the sensitivity of both these items, reports supporting the debate will only be issued on the day. However, I writing to give you advance notification that your recent conduct has attracted a warning from the clerk that there may have been a breach of the Code of Conduct, along with the same complaint from a Councillor and similar complaints from two members of the public.
Councillors at the meeting will be asked to consider the attached report and determine if the Council agrees that a breach may have taken place and to resolve next steps based on their decision.
As a matter of courtesy the report is being provided to you for your early attention.
Fellow Councillors will be provided with the report on the day of the meeting. All copies will be marked as Confidential and not to be copied or circulated.”
The attached report was not signed or dated. It started with the Seven Principles of Public Life and then stated
“Cllr L D has since her unopposed election to the Ward of Widmer End breached the Code of Conduct and Standing Orders of HPC and also acted, spoken and written against the guiding principles of Public Life especially in regard to 1.2 Integrity and 1.6 Honest”
There then followed extracts from my blogs.
I replied to the Chairman saying it wasn’t a matter of courtesy; it was a matter of procedure. If someone had a complaint, then there were procedures to be followed.
I pointed out that until such time as a complaint is made under the correct procedures, it is not covered by confidentiality. Moreover, I thought that all councillors needed to have prior knowledge of the documents so they could take well-considered decisions. So I copied my e-mail and the report to all councillors.
I received no response from anyone.
I then wrote to the Clerk on 30 May referring her to HPC's Complaints Policy and Procedures which is on the HPC's website. This says:-
"In the event of a complaint relating to a Member's failure to comply with the Code of Conduct, the complainant will be advised to make their complaint to the Buckinghamshire Council's Standards Committee [now BC’s Monitoring Officer] "
I asked why the Clerk had not advised the complainants to make their complaint to the Monitoring Officer but instead had placed the item on the agenda and asked Council "to consider if a breach of the Code of Conduct has occurred and to consider next steps”.
I also asked who had produced the report. I asked, if it was produced by the Clerk, on what authority and under what procedures she came to the conclusions in the report. And if it was not produced by the Clerk, then why was she putting an anonymous report such as this to Council?
I asked her to take this item off the agenda and ensure the complainants were advised of the correct procedures.
I received no response from anyone.
So I went to the meeting with no papers for the first sensitive issue which turned out to be the award for a contract put out to tender for general maintenance service, and no papers (which I asked for separately) for an agenda item on the transfer of valuable land assets.
On the issue of my conduct, I had an anonymous report concluding I had breached the Code of Conduct for councillors, and an e-mail from the Chairman saying councillors at the meeting would be “asked to consider the attached report and determine if the Council agrees that a breach may have taken place and to resolve next steps based on their decision
If I hadn’t happened to notice the item and ask for the papers, I would have had no opportunity to consider the report and realise that it was written by – well, could be anyone. For all I know it could be someone with a financial or other vested interest in trying to stop me blogging. I would have had no opportunity to realise that its conclusions had no validity, no authority and denied me natural justice.
The Clerk and Chairman should never have even contemplated putting this report to a Council meeting.
If I hadn’t happened to notice the item and ask for the papers, I would have had no opportunity to look at the policy and procedures of HPC. I would have had no opportunity to check that Council should not consider complaints about a councillor’s conduct but should refer them to the Monitoring Officer.
I would have had no opportunity to reassure myself that the Clerk and the Chairman were flagrantly disregarding HPC’s procedures.
If I hadn’t happened to notice the item and ask for the papers, I would have walked into a meeting completely unaware that I was the subject of the agenda item.
I think the technical term for this is an attempted ambush. Or perhaps a stitch up.
Anyone who has any experience of due process in public life would know, and I put it mildly, that this is not the way to proceed.
P.S I have, at the time of writing, received no notification from the Monitoring Officer of any complaint about my conduct.
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