Rochford District Council
Decision of Monitoring Officer
Complaint: SC0064/19
Summary
I received a complaint from Mr Ian Oakley regarding the alleged conduct of Cllr Mrs Cheryl Roe (subject councillor), a District Councillor, received on the 20 May 2019.
The complaint was in relation to the subject councillor’s behaviour on the night of the elections on the 2nd May 2019. During her speech following re-election, Cllr Mrs Roe commented on personal attacks on social media during the election campaign and the Mr Oakley alleged that those comments were directed at him. Mr Oakley was extremely upset at the comments and was concerned that the comments would have an impact on his personal reputation and that of the local Liberal Democrat party. Cllr Chris Stanley submitted a statement to support Mr Oakley’s complaint. He therefore is seeking apology and suggests that this should be before Full Council.
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 met and interviewed both parties as well as asking the Council’s Communications Officer to carry out a review on the social media platforms for such comments or abuse. None could be located to be made by Mr Oakley.
Th Instigation Officer also interview the Returning Officer who recollected that, in her acceptance speech, Cllr Roe made reference to negative comments about her personally from the part standing behind her. She recalled that Cllr Roe did not specify what those comments were or name the complainant. However, she did gesticulate behind her and partially turned around. The Returning Officer recalls that Cllr Roe specifically stated that she was not referring to the two female candidates and from this took the comments to refer to the complainant.
The Investigator found that there had been a breach under the Code.
The report concluded:
- Mr Oakley did not post any social media messages attacking Cllr Mrs Roe. In addition, Cllr Mrs Roe confirmed that she was not aware of any personal comments or abuse posted by Mr Oakley about her on social media.
- Cllr Mrs Roe did not name the complainant during her speech. The speech was made with no malice and it was a result of a highly emotive and difficult election campaign. However, the speech and body language of Cllr Roe could be construed to be a reference to Mr Oakley.
- To the casual observer the comments and gestures made by Cllr Roe could be construed to be a reference to the complainant.
- There is no evidence to show that Mr Oakley has been personally disadvantaged or suffered any reputational damage.
I have disagreed with Mr Oakley’s view that there should be an apology before Full Council.
Decision
I have considered the report and the correspondence relating to the complaint. I am aware of the comments and personal criticism which Members can often receive on social media but I must consider whether their response and actions to such comments is acceptable and whether it is compliant with the Code of Conduct.
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 an apology to the complainant. Given that there is no evidence of reputation harm to the complainant and it is accepted that the actions of Cllr Roe are without malice or intent but rather a reaction to a difficult and emotive campaign, an informal resolution is the appropriate course of action in this case.
Cllr Mrs Cheryl Roe is to apologise to Mr Ian Oakley and she has agreed to do so in person.
The matter will also be report to the Standards Committee for noting.
There is no right of appeal to this decision.
23 August 2019
Monitoring Officer