Agenda item - CHAIRMAN'S ANNOUNCEMENT OF THE SUB COMMITTEE'S DECISION AND RECOMMENDATION

Agenda item

CHAIRMAN'S ANNOUNCEMENT OF THE SUB COMMITTEE'S DECISION AND RECOMMENDATION

Decision:

NOTICE OF DECISION

 

WELWYN HATFIELD BOROUGH COUNCIL

 

STANDARDS SUB-COMMITTEE – 29 SEPTEMBER 2020

 

CODE OF CONDUCT COMPLAINT- COUNCILLOR LENNY BRANDON, HATFIELD TOWN COUNCIL

 

 

Details of the Complaint

 

In August and September 2019, complaints were lodged by the Hatfield Town Council (HTC) Town Clerk in respect of Councillor Lenny Brandon, in his capacity as a Hatfield Town Councillor. There were two elements to the complaints. The first was an allegation of bullying and lack of respect. The second set of allegations centred around an alleged failure by Councillor Brandon to declare relevant interests, excluding council staff from meetings with contractors or potential contractors and obtaining a personal benefit from a number of council contracts.

 

Under Section 28 of the Localism Act 2011, the borough council has a statutory duty to consider complaints of alleged breaches of councillor codes of conduct, for town and parish councils within its area.

 

The matter was referred for investigation and on completion of the investigation, the investigator reached the finding that, on a balance of probabilities, there was sufficient evidence to substantiate the complaint of bullying. This was in breach of the Hatfield Town Council Code of Conduct (the Code) that requires its councillors to behave respectfully and not act in a way that would be regarded as bullying or intimidatory.

 

In respect of the second set of allegations which would potentially have been a breach of the part of the Code that requires a councillor not to improperly seek to confer an advantage or disadvantage on any person, the investigator reached the finding that there was insufficient evidence to substantiate these claims and there was no breach of the Code on this basis.

 

As a breach had been found, the matter was then referred to the Welwyn Hatfield Borough Council’s Standards Sub-Committee for consideration. The meeting took place on the 29th September 2020.

 

The Standards Sub-Committee was not obliged to accept the investigator’s findings and was entitled to review all the relevant evidence and reach its own decision.

 

Investigator’s Findings

 

Bullying

The ACAS Guide for Employees says, “Bullying may be characterised as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient”.

The Guide goes on to describe examples of bullying/harassing behaviour as:

·           spreading malicious rumours, or insulting someone by word or behaviour (copying memos that are critical about someone to others who do not need to know, ridiculing or demeaning someone picking on them or setting them up to fail);

·           exclusion or victimisation

·           unfair treatment

·           overbearing supervision or other misuse of power or position

·           unwelcome sexual advances

·           making threats or comments about job security without foundation

·           deliberately undermining a competent worker by overloading and constant criticism

·           preventing individuals progressing by intentionally blocking promotion or training opportunities”.

The key features that led to the investigator’s finding on this issue were:

·         Councillor Brandon’s style of ‘micro-management’ which was not in accordance with the Hatfield Town Council’s own rules.

·         The manner in which Councillor Brandon questioned the Town Clerk on a number of occasions.

·         The manner in which Councillor Brandon contradicted the decisions of the Town Clerk and excluded her from private meetings relating to the business of the Town Council.

·         His lack of respect for the Town Clerk

 

Improperly seeking to confer an advantage or disadvantage on any person

 

The investigator found that there was insufficient evidence to substantiate the allegations made on this aspect of the complaint.

 

Decision of the Sub-Committee

 

The Sub-Committee having heard all the evidence and deliberated to consider the matter, on a balance of probabilities, agreed with the findings of the investigator.

 

In respect of the first set of allegations centred around alleged conduct by Councillor Brandon of bullying the Town Clerk, the Sub-Committee found that Councillor Brandon did breach the Hatfield Town Council Code of Conduct for Councillors. This was on the basis that Councillor Brandon, as evidenced by a number of examples, did not behave respectfully toward the Town Clerk and acted in a way that could be regarded as bullying or intimidatory towards the Town Clerk.

 

In respect of the second set of allegations centred around an alleged failure by  Councillor Brandon to declare relevant interests, excluding council staff from meetings with contractors or potential contractors and obtaining a personal benefit from a number of council contracts, the Sub-Committee agreed the investigator’s findings and on the evidence heard, that Councillor Brandon had not breached the Hatfield Town Council Code of Conduct for Councillors on this basis. Accordingly, no further action will be taken on this part of the complaint.

 

Reasons for the Sub-Committee’s Decision

 

The Sub-Committee on the 29th September 2020 met to hear representations both from the investigator and Councillor Brandon. Councillor Brandon called a number of witnesses in support of his case and the Sub-Committee carefully listened to all the evidence at the hearing.

 

On the bullying allegations, the Sub-Committee were of the view that Councillor Brandon was clearly a person whose motives were well meaning. He was clearly passionate about his role as a councillor and wanted to do the best he could for Hatfield.

 

However, on taking up his role as Leader at Hatfield Town Council, he failed to obtain the necessary training and induction to fulfil that role in the correct manner.

 

The Sub-Committee was particularly concerned about the ‘hands on’ role that Councillor Brandon took on at the Town Council, in breach of its standing orders and financial regulations. His lack of appreciation of the public sector processes and value of appropriate training could have been reasons for that.

 

This led to a ‘micro-management’ style of the Town Clerk and other members of her staff that could be seen to be undermining. Whilst Councillor Brandon may have been of the view that Town Clerk was performing poorly, there are established standards of performance management that clearly had not been considered or implemented in the time he has been Leader of the Town Council.

 

On the second set of allegations, the Sub-Committee considered the investigator’s report and heard further evidence from Councillor Brandon. On this basis, they agreed that there was no case to answer and no breach of the Code.

 

 

Recommended Actions

 

The Standards Sub-Committee resolved to:-

(a)   publish its findings in respect of Councillor Brandon’s conduct;

(b)   report its findings to Hatfield Town Council;

(c)    recommend to Hatfield Town Council that appropriate training be arranged for Councillor Lenny Brandon to include appropriate training as recommended by the Hertfordshire Association of Parish and Town Councils and Society of Local Council Clerks;

(d)   recommend to Hatfield Town Council to conduct a ‘root and branch’ review of its training for all councillors, to include performance management training, with a view to promoting high standards of conduct amongst all its councillors;

(e)   authorise the Monitoring Officer, as soon as is reasonably practicable, to issue a full written decision to Councillor Brandon, the Complainant and Hatfield Town Council together with the Sub-Committee’s reasons for its decision.

 

 

 

Minutes:

The Sub-Committee having heard all the evidence and deliberated to consider the matter, on a balance of probabilities, agreed with the findings of the Investigator.

 

In respect of the first set of allegations centred around alleged conduct by Councillor Brandon of bullying the Town Clerk, the Sub-Committee found that Councillor Brandon did breach the Hatfield Town Council Code of Conduct for Councillors. This was on the basis that Councillor Brandon, as evidenced by a number of examples, did not behave respectfully toward the Town Clerk and acted in a way that could be regarded as bullying or intimidatory towards the Town Clerk.

 

In respect of the second set of allegations centred around an alleged failure by Councillor Brandon to declare relevant interests, excluding council staff from meetings with contractors or potential contractors and obtaining a personal benefit from a number of council contracts, the Sub-Committee agreed with the Investigator’s findings and on the evidence heard, that Councillor Brandon had not breached the Hatfield Town Council Code of Conduct for Councillors on this basis. Accordingly, no further action will be taken on this part of the complaint.

Reasons for the Sub-Committee’s Decision

 

The Sub-Committee on the 29th September 2020 met to hear representations both from the investigator and Councillor Brandon. Councillor Brandon called a number of witnesses in support of his case and the Sub-Committee carefully listened to all the evidence at the hearing.

 

On the bullying allegations, the Sub-Committee were of the view that Councillor Brandon was clearly a person whose motives were well meaning. He was clearly passionate about his role as a councillor and wanted to do the best he could for Hatfield.

 

However, on taking up his role as Leader at Hatfield Town Council, he failed to obtain the necessary training and induction to fulfil that role in the correct manner.

 

The Sub-Committee was particularly concerned about the ‘hands on’ role that Councillor Brandon took on at the Town Council, in breach of its standing orders and financial regulations. His lack of appreciation of the public sector processes and value of appropriate training could have been reasons for that.

 

This led to a ‘micro-management’ style of the Town Clerk and other members of her staff that could be seen to be undermining. Whilst Councillor Brandon may have been of the view that Town Clerk was performing poorly, there are established standards of performance management that clearly had not been considered or implemented in the time he has been Leader of the Town Council.

 

On the second set of allegations, the Sub-Committee considered the investigator’s report and heard further evidence from Councillor Brandon. On this basis, they agreed that there was no case to answer and no breach of the Code.

 

The Chairman then invited the Investigator, Independent Person and Councillor Brandon to address the Sub-Committee on appropriate sanctions.

 

The Standards Sub-Committee then further resolved to exclude the press and public under the following terms: 

 

The Sub-Committee having heard all the evidence and deliberated to consider the matter, on a balance of probabilities, agreed with the findings of the Investigator.

 

In respect of the first set of allegations centred around alleged conduct by Councillor Brandon of bullying the Town Clerk, the Sub-Committee found that Councillor Brandon did breach the Hatfield Town Council Code of Conduct for Councillors. This was on the basis that Councillor Brandon, as evidenced by a number of examples, did not behave respectfully toward the Town Clerk and acted in a way that could be regarded as bullying or intimidatory towards the Town Clerk.

 

In respect of the second set of allegations centred around an alleged failure by Councillor Brandon to declare relevant interests, excluding council staff from meetings with contractors or potential contractors and obtaining a personal benefit from a number of council contracts, the Sub-Committee agreed with the Investigator’s findings and on the evidence heard, that Councillor Brandon had not breached the Hatfield Town Council Code of Conduct for Councillors on this basis. Accordingly, no further action will be taken on this part of the complaint.

Reasons for the Sub-Committee’s Decision

 

The Sub-Committee on the 29th September 2020 met to hear representations both from the investigator and Councillor Brandon. Councillor Brandon called a number of witnesses in support of his case and the Sub-Committee carefully listened to all the evidence at the hearing.

 

On the bullying allegations, the Sub-Committee were of the view that Councillor Brandon was clearly a person whose motives were well meaning. He was clearly passionate about his role as a councillor and wanted to do the best he could for Hatfield.

 

However, on taking up his role as Leader at Hatfield Town Council, he failed to obtain the necessary training and induction to fulfil that role in the correct manner.

 

The Sub-Committee was particularly concerned about the ‘hands on’ role that Councillor Brandon took on at the Town Council, in breach of its standing orders and financial regulations. His lack of appreciation of the public sector processes and value of appropriate training could have been reasons for that.

 

This led to a ‘micro-management’ style of the Town Clerk and other members of her staff that could be seen to be undermining. Whilst Councillor Brandon may have been of the view that Town Clerk was performing poorly, there are established standards of performance management that clearly had not been considered or implemented in the time he has been Leader of the Town Council.

 

On the second set of allegations, the Sub-Committee considered the investigator’s report and heard further evidence from Councillor Brandon. On this basis, they agreed that there was no case to answer and no breach of the Code.

 

The Chairman then invited the Investigator, Independent Person and Councillor Brandon to address the Sub-Committee on appropriate sanctions.

 

The Standards Sub-Committee then further resolved to exclude the press and public under the following terms: 

 

“That under Section 100A(4) of the Local Government Act 1972 (as amended) and having applied a public interest test as defined in Part 2 of Schedule 12A of the Act, the press and public be excluded from the meeting for the following item of business on the grounds that it involved the likely disclosure of exempt information as defined in Paragraphs 1 and 2 of Part 1 of Schedule 12A to the Act.”