News

Case no. SBE631.02

This summary outlines the conclusions reached in Case SBE631.02. This case concerned allegations against Councillor John Heasman of Hawkinge Town Council. The allegations relate to Paragraphs 2(b) and 4 of the Code of Conduct. Paragraph 2 states that a member must "treat others with respect". Paragraph 4 states that "a member must not in his official capacity, or any other circumstance, conduct himself in a manner which could reasonably be regarded as bringing his office or authority into disrepute".



Date received:
23 July 2002

Date passed to ESO:
1 August 2002

Date completed:
31 January 2003



Allegation:
A member failed to treat others with respect and brought his office or authority into disrepute.

Outcome:
In relation to Paragraphs 2(b) and 4, no action needs to be taken under Section 59(4)(b) of the Local Government Act 2000.


The complainant, who was a Parish Councillor, alleged that Councillor Heasman used threatening words and gestures towards two individuals during a private conversation following a meeting of Hawkinge Parish Council on 10 July 2002. The meeting involved some heated exchanges and was prolonged by a number of points made concerning the minutes.



Councillor Heasman took part in a private conversation with two Parish Councillors afterwards, one of whom was the complainant. The complainant alleged that Councillor Heasman said words to the effect of 'if you don't stop questioning the minutes I will get you and make you suffer' in an aggressive manner to the Councillors. The complainant stated that he was frightened by this remark. The other party present said that they thought the comments were disrespectful and that he found them threatening. All agreed that Councillor Heasman made the statement in an official capacity as Chairman of the Parish Council.



Councillor Heasman claimed that he acted appropriately and contested the allegation that he failed to treat others with respect or brought the Council into disrepute by his comments. Councillor Heasman said that he made the remarks in order to rebuke Parish Councillors for intervening inappropriately in the meeting and not following the correct official procedures. Councillor Heasman recalled saying to the two individuals, 'If I lose any councillors out of this meeting or the clerk I'm going to get you, I'm going to throw the rule book at you'. Councillor Heasman stated that he spoke to the two individuals in a private and informal context because he wanted to spare them a public dressing-down. He also said that he did not want to embarrass the clerk, who he thought might leave because of arguments over the minutes. He claimed that he did not intend to threaten harm to the individuals concerned, but conceded that his comments may have been misinterpreted and the Councillors may have felt physically threatened as a result. Councillor Heasman claimed that this was not evident to him at the time, and he would have apologised for his conduct if he had realised that this was the case.



The Ethical Standards Officer considered the evidence of the individuals involved in the incident and concluded that although Councillor Heasman did not intend to threaten physical violence, the comments he made could potentially be misinterpreted as physical threats. The Ethical Standards Officer accepted Councillor Heasman's claim that his objective in making the remarks was to warn the individuals to follow the rules of debate in meetings.



The Ethical Standards Officer considered that Councillor Heasman failed to act appropriately in using confrontational language when warning the complainant and the other individual concerned about the consequences of not following correct procedures in public meetings. The Ethical Standards Officer stated that councillors have a legitimate right to raise issues about minutes and other items of concern on the agenda of meetings. The Ethical Standards Officer considered that it is the role of the Chairman to maintain order in debates with fairness and impartiality, using procedural rules if appropriate.



The Ethical Standards Officer concluded that Councillor Heasman acted inappropriately in choosing to issue private warnings to Councillors instead of raising the rules of debate in the meeting. The Ethical Standards Officer stated that this did not respect the proper processes of decision-making, and created the potential for misunderstanding. The Ethical Standards Officer found that Councillor Heasman failed to treat others with respect and could reasonably be regarded as bringing his office of Chairman and the reputation of the Parish Council into disrepute. In these circumstances, the Ethical Standards Officer concluded that Councillor Heasman had breached paragraphs 2(b) and 4 of the Code of Conduct.



The Ethical Standards Officer considered that the impact of the breach of the Code was limited. Councillor Heasman's behaviour had not affected the confidence or ability of the complainant or the other individual to raise points that they consider legitimate at future meetings. The Ethical Standards Officer took into consideration Councillor Heasman's acceptance that he would have apologised if he had been aware that his comments had been misinterpreted. Therefore, the Ethical Standards Officer found that no action need be taken under section 59(4)(b) of the Local Government Act 2000.



The Ethical Standards Officer recommended that the Parish Council consider training and other methods to improve member-to-member relationships and the chairmanship skills of members, so that members can work together productively in an appropriate manner. The Ethical Standards Officer furthermore noted Councillor Heasman's written apology to the two Councillors concerned, made following the issue of a draft of his report.

130303

5th March 2003
FOLKESTONE CAMERA CLUB

Monday 3rd March, was our 5th Print competition of the season. judged by MrChris Shore FRPS, AFIAP, MPAGB, BPE3*, as the letters after his name show, a very experienced photographer with excellent tips on how we can improve our photography. Chris is a regular visitor and friend of our club and a very competent and experienced judge. Winners of each section were as follows:-

OPEN SUBJECT

Novice:- 1st Norman Sharp ‘Norwich Cathedral’
2nd John Walter ‘The Arches’

Intermediate:-1st Thelma Bridges ‘Rope Patterns’
Joint Melanie Chalk ‘The Clocktower, Saltzburg’
2nd Denis Bridges ‘Westminster Bridge from The Eye’

Advanced:- 1st David Hughes ‘Imagine all the People’
Joint Dave Turner ‘End of the Line’
2nd Brian Collins ‘Hever Castle’
Joint Keith Radford ‘The Wall’
“ Roy Smart ‘Calcutta Kids’

PORTRAITS:-

Novice:- 1st John Walter ‘First Childs Play’

Intermediate:-1st Charles White ‘Children of Marakesh’

Advanced:- 1st Marie Laure Stone ‘Beena’
Joint Marie Laure Stone ‘Sampling the Merchandise’ “ Keith Radford ‘Brooke’
2nd Dave Turner ‘Denise’

On Wednesday (5th) we shall be visiting Deal Camera Club with members from Ashford Quest for a Battle. All three clubs show 10 slides and prints which are judged and marked. and the club with the highest total score wins. These Battles are always an enjoyable evening - may the best club win ! The following Monday (10th) will be a talk from Mr Richard Filmer entitled ‘Traditional Kentish Trades, Crafts and Industries’ which along with excellent photography will be a a wealth of information. Our 5th Slide Competition of the season will be held the following Monday (17th).

Our meetings are held at the United Reform Community Hall, Castle Hill Avenue, Folkestone on Mondays at 7.45pm. New members are always welcome, if interested please phone Mrs Jenny Barraclough (Secretary) 01303 245399, or e mail: barraclough@jenny-frank.fsnet.co.uk