Rochford District Council
Decision of Monitoring Officer
Complaint: SC0070 and SC0071
Summary
I received complaints from Town Councillors Newport and Stanley (the complainants) regarding the alleged conduct of Cllr Richard Shorter (subject councillor), a Rayleigh Town Councillor, received on the 7th and 8th January 2020.
The complaint was in relation to the subject councillor’s behaviour on the 6th January 2020 during a meeting of the Rayleigh Town Council Policy and Finance Committee. During the explanation of an Agenda item, a series of questions were asked of Cllr Shorter and during those exchanges Cllr Shorter became irate and shouted a number of profanities at both Cllr Newport and Cllr Stanley whilst banging the gavel. His outburst resulted in both complainant councillors leaving the meeting early.
It is alleged that there has been a breach under section 3(1) of the Council’s code of conduct for failing to treat others with respect.
The matter was passed to the Deputy Monitoring Officer for an initial review of the allegation. A recommendation after consultation with the Independent Person was made for it to be forwarded to a full investigation.
Investigation Report
The Investigator interviewed the following parties:
- Cllr Newport (first complainant)
- Cllr Stanley (second complainant)
- Cllr Richard Shorter (subject councillor)
- Cllr Robin Dray (Vice Chairman of the Policy and Finance Committee)
- Ms Karen Gaiger (Deputy Clerk to Town Council)
The Investigator was also provided with an audio recording of the meeting and a number of character statements.
The Investigator found that there had been a breach under the Code.
The report concluded:
- It is agreed by the complainants and the subject councillor, as well as those other persons interviewed, that the subject councillor did swear at the complainants in a loud and aggressive manner during the meeting as alleged. The councillor also states that he did not treat the complainants with respect, that his behaviour did not uphold the Nolan Principles nor was it befitting the role of Chairman. Further, the subject councillor has stated that the complainants had not been rude.
- In mitigation, this appears to be an isolated incident, and one which the subject councillor states he is embarrassed about. He also apologised to those persons remaining at the end of the meeting. Cllr Dray has stated that the behaviour was unusual and “not like him at all”.
- The character statements make it clear that the incident was out of character and that the subject councillor is a valued member of the council.
- Notwithstanding the mitigating factors, the subject councillor’s behaviour was entirely inappropriate and clearly falls short of the high standards expected of Members of the Council. The subject councillor accepts that his behaviour was not becoming of a Member of the Council and has expressed regret as part of the investigation process.
Decision
In accordance with the Council’s arrangements and in consultation with the Independent Person, I am of the view that this matter can be concluded by Informal Resolution by way of a public apology to the complainants. Given that this was an isolated incident, and one that the subject councillor has fully admitted to, an informal resolution is the appropriate course of action in this case.
Cllr Richard Shorter is to apologise to Cllr Newport and Cllr Stanley at a meeting of the Town Council and he has agreed to do so.
The matter will also be report to the Standards Committee for noting.
There is no right of appeal to this decision.
9 September 2020
Monitoring Officer