Agenda item

In accordance with the District Council’s Complaints Procedure, the Monitoring Officer is required to report the outcome of an investigation to the Standards Committee.

Councillor Heaney had earlier declared a non-pecuniary interest in that she was on the Planning Committee with Councillor Bennison.

Councillor Whitmore had earlier declared a non-pecuniary interest in that he was in the same political group as Councillor Bennison and also a friend.

Councillor Davis had earlier declared a non-pecuniary interest in that she had attended the Court hearing in respect of Councillor Bennison but that she was present at the Standards Committee with an open mind.

There was submitted a report (A.2) by the Council’s Monitoring Officer that, in accordance with the District Council’s Complaints Procedure, the outcome of an investigation was being reported to the Committee following on from a Members’ Code of Conduct investigation.

The Monitoring Officer reported that two separate complaints had been received from Mr Anthony Chandler and Mr William Hones, who were members of the public. Their complaints had been received by the Monitoring Officer under the Members’ Code of Conduct and Complaints Procedure alleging that the behaviour of District Councillor Lis Bennison had breached the Members’ Code of Conduct.

The alleged breaches related to:

(i)         Paragraph 3.1:               The Leadership Principle of Public Life;

(ii)       Paragraphs 3.2:               In fulfilling the Duties and Responsibilities, a Councillor must not:

(b)           disrespect others; and

(c)           bully or harass any person.

(iii)     Paragraph 3.4(a):            A Councillor must not conduct themselves in a manner which could reasonably be regarded as bringing their office or the Council into disrepute; and

(iv) Paragraph 3.7(a):             A Councillor must comply and observe the law.

Members were informed that the Complaint Form that had been completed by Mr Chandler had referred to initial contact that had been made with the Monitoring Officer in 2016, regarding the alleged assault by Councillor Bennison, however, no further action could be taken at that time, under the Members’ Code of Conduct, whilst criminal proceedings against Councillor Bennison were being considered by Essex Police. The incident had occurred at the Clacton Airshow in August 2016, whereby Councillor Bennison whilst acting as a steward on behalf of the District Council had assaulted Mr Chandler, a member of the public.

Members were further informed that Mr Chandler had contacted the Council’s Monitoring Officer and had confirmed that Councillor Bennison had been convicted of assault at Southend Magistrates Court on 13 July 2017.  Subsequently, a Complaint Form was completed and received on 19 July 2017.  A second Complaint Form concerning the same incident was received from Mr William Hones on 25 July 2017.

The Monitoring Officer confirmed that on 23 August 2017, all parties were notified of her decision, that due to the criminal conviction it was not appropriate to take ‘no further action’ or seek informal resolution or mediation.  However, it was not considered that a detailed investigation would be required as the conviction was the outcome of criminal proceedings before the Magistrates Court.  Therefore, a light touch investigation had been undertaken and referred to the Standards Committee. To carry out a detailed investigation would have been an unnecessary use of resources, in both cost and time and prolong determination of this matter.

Members were informed that through the light touch investigation, a written apology had been received from Councillor Bennison, which is contained within the report, the apology did not accept that the Code of Conduct had been breached. 

It was reported that in accordance with paragraph 5.5 of the Council’s Complaints Procedure, at the end of the investigation, the Investigating Officer (in this case the Monitoring Officer) would produce a draft report (“the Investigation Report”) and would, in all cases, send copies of that draft report, in confidence, to the Complainants and to the Member concerned, to give all parties an opportunity to identify any matters in that draft report which they may disagree with or which they considered required more consideration.

It was further reported that having received and taken account of any comments on the draft Investigation Report, the report would be finalised.  The Investigation Report was attached as Appendix 2 and included the comments received back from both Councillor Bennison and Mr Chandler, nothing further had been received from Mr Hones. 

Members were informed that Section 9 of the Report had contained the conclusions on each allegation of the complaints received.  This included a recommendation that evidence existed of Paragraphs 3.4(a) and 3.7(a) and the Leadership principle being compromised and in breach of the Code of Conduct.  Therefore, the matter was referred to the Standards Committee to decide upon the sanctions.

One of the Council’s Independent Persons, Clarissa Gosling, had been consulted and her comments were as follows:

“Thank you for sending the details about this case which you had told me earlier might arise.  I would like to make the point that living near Bury St Edmunds I had not seen any newspaper reports in your local paper that are referred to.

There is a great deal of detail involved and justifications given for actions by both sides, but I have tried to boil it down to the actual action complained of: that Councillor Bennison slapped Mr Chandler in the face when he swore at her. 

She describes this as ‘my hand accidentally touched his face’ and her statement blurs over whether he hit her first.  He states that ‘she slapped me over the right side of my face’.  The Magistrate’s summing-up said that she slapped him and this was seen by two of the staff.  Because of this she received the conviction.

It is my view, acting as an Independent Person, that initiating any violent action is not justified unless it is to prevent imminent harm to another.  It appears from the papers I read that Councillor Bennison’s action in slapping Mr Chandler was not the only way to prevent driving that endangered the public, but happened because she was angered by being sworn at.

Councillor Bennison requested that the judge’s comments be included, but I have not commented on Mr Chandler’s actions in general.  I do not believe my sympathies on either side on the driving and general behaviour issues are  relevant, as in every circumstance adults should be have the self-control to keep dispute verbal not resort to the physical. This should be demonstrated particularly by leaders in the public eye setting an example of dignity and restraint.

Councillor Bennison was clearly acting in her official capacity, wearing a badge and t-shirt, there seems to be no dispute about this, this would have been plain to Mr Chandler and members of the public who witnessed these events.  It does not appear however that Mr Chandler was intimidated by her official position. Thus though she did initiate a violent action by slapping him, ‘bully or harass’ would  imply an attack on a weaker from the stronger, and this does not seem to be the case either physically or emotionally.

When acting in an official capacity, Councillor Bennison used physical aggressive action in response to verbal abuse, this is not edifying and in my view does bring her and the Council she represents into disrepute.  The force of the action is not important it is a precedent no one would wish followed privately or publically.

The fact that this led to a criminal conviction has drawn more public attention to the unfortunate event, confirming the facts.  I am not sure that a criminal conviction per se brings a councillor into disrepute: though ‘a councillor must comply and observe the law’ seems to imply that. There are many laws on the statute book and motives for breaking them and the public might consider some more reputable than others.

From the papers I have read, I do not believe it was necessary to use physical violent action in response to the bad language and ‘dangerous driving behaviour’ Councillor Bennison reported.  I am sorry that her apology did not acknowledge this crucial point, even in retrospect, and in my view this lack regret about her actions reflects badly upon her.”

The Committee, then retired to deliberate and reach its decision.  As the Monitoring Officer had undertaken the investigation in this matter, she did not accompany the Committee until they had reached their verdict, initially the Senior Solicitor was in support to advise on any legal points.  The Monitoring Officer was requested to join the Committee to advise on the wording of the decision.  Then Clarissa Gosling the Independent Person who had been consulted in this case, also accompanied the Committee during its retirement to comment upon any sanctions being considered by the Committee.

Following such deliberations the meeting resumed. 

It was moved by Councillor Heaney, seconded by Councillor Nicholls and:

RESOLVED that the Committee:

(a)       Notes the outcome of the investigation undertaken by the Monitoring Officer in respect of Councillor Lis Bennison;

(b)       Agrees with the findings of the Monitoring Officer that evidence exists that there has been a breach of the Members’ Code of Conduct;

(c)       Notes the written apology contained within the body of the Report;

(d)       Notes the comments of both Independent Persons;

(e)       Endorses the referral to the Committee to consider the sanctions; and

(f)        Upon finding that Councillor Bennison had breached the Code of Conduct resolves that:-

(i)       its findings are published on the Council’s website;

(ii)      its findings are reported to Council for information;

(iii)     the Group Leader acknowledges that Councillor Bennison has breached the Code of Conduct and in response it is suggested that Councillor Bennison is removed from any Committees and Sub-Committees of the Council for one month;

(iv)     it is disappointed that Councillor Bennison failed to acknowledge that the Code of Conduct was breached and would request that training with the Monitoring Officer is organised for Councillor Bennison on the Code of Conduct.