REVIEW DECISION NOTICE
A BREACH OF THE CODE HAS BEEN FOUND
NO SANCTION
Reference:
CCN020/12
Complainant:
Mr Steven Gray
Subject Member:
Councillor Diana Merrett, Falmouth Town Council
Person conducting
the Review:
Matthew Stokes, Corporate Governance, Property
and Commercial Group Manager (Legal)
Date of Review:
27 February 2013
Complaint
On 27 February 2013 the Monitoring Officer considered a request to review the
complaint from Mr Steven Gray concerning the alleged conduct of Councillor Diana
Merrett of Falmouth Town Council. A general summary of the complaint is set out
below:

It is alleged that Councillor Merrett, by comments she made to the public
during a meeting that she chaired and by her chairing of the meeting breached
various provisions of the Code of Conduct of Falmouth Town Council.
Decision and breaches of the Code Found
That Councillor Merrett has breached the following provisions of the Code of Conduct
of Falmouth Town Council:
Paragraph 2.1 – by failure to treat others with respect; and
Paragraph 2.5 – by failing to conduct herself in a manner which is contrary to the
Council’s duty to promote and maintain high standards of conduct by Members.
I do not consider Councillor Merrett to have breached any other provisions of the Code
of Conduct.
Having regard to the related circumstances I consider that it is appropriate for there
to be no further action taken in relation to this complaint and accordingly I do not
consider it appropriate to impose a sanction.
Reasons
In reaching my decision on this complaint I have had regard to all of the information
available to me including the original complaint, the further representations that have
been received, information provided by the Clerk to Falmouth Town Council and the
views of the Independent Person to whom this case was referred for their views.
Some of these points have been articulated in more detail in the decision notice
relating to the earlier assessment and so I do not need to repeat them here.
In reaching my decision I am particularly mindful of the representations that have
been received to the effect that the meeting was a difficult meeting with excessive
noise and an inappropriate level of respect shown for the subject member as Chair of
the meeting and for the protocols to be followed in the conduct of the meeting. I
make this point as it is fundamental to the decision that I have reached and
particularly that I do not consider it appropriate for a sanction to be imposed. Whilst
Councillors should conduct themselves in a manner that accords with the Code of
Conduct to which they subscribe, they should not be subjected to unreasonable
behaviour by others irrespective of how emotive the subject may be. There is no
corresponding Code of Conduct with which members of the public should comply but
that does not mean that councillors should be subjected to inappropriate behaviour by
the public.
Having set the context for my decision it is appropriate to explain why I have found
breaches of two paragraphs of the Code of Conduct of Falmouth Town Council.
As to paragraph 2(1), irrespective of the behaviours of others it is inappropriate for a
Councillor to use language that fails to treat others with respect. In the information
provided to me it is clear that Councillor Merrett used language towards the public
attending the subject meeting that was disrespectful. That Councillor Merrett was
subject to inappropriate behaviours does not provide an excuse for the language
attributed to her. The subject member has previously received appropriate training
and had other options available to her such as to suspending or closing the meeting or
securing the removal from the meeting room of those who were disrupting the
meeting.
It necessarily follows that having found a breach of paragraph 2(1) there has been a
breach of paragraph 2(5), albeit this is a technical breach. I need not explain this
further.
Whilst Councillor Merrett has breached the Code of Conduct, given the inappropriate
behaviours demonstrated by those present at the meeting, I do not consider it
appropriate for a sanction to be imposed.
What happens now?
This decision notice is sent to the complainant, the member against whom the
allegation has been made and the Clerk to Falmouth Town Council.
Additional help
If you need additional support in relation to this or future contact with us, please let
us know as soon as possible. If you have difficulty reading this notice we can make
reasonable adjustments to assist you, in line with the requirements of the Disability
Discrimination Act 2000.
We can also help if English is not your first language.
Matthew Stokes, Corporate Governance, Property and Commercial Group Manager
(Legal)
On behalf of the Monitoring Officer
Date: 6 March 2013