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Report of an investigation under Section 59 of the Local
Government Act 2000 by Shahzia Daya appointed by the
monitoring officer for Bristol City Council into an allegation
concerning Councillor Shirley Brown.
Page 1 of 11
Case Reference: JD5/403
Final
Report of an investigation under
Section 59 of the Local Government
Act 2000 by Shahzia Daya
appointed by the monitoring officer
for Bristol City Council into an
allegation concerning Councillor
Shirley Brown.
DATE: 22nd June 2009
AGENDA ITEM 5
Report of an investigation under Section 59 of the Local
Government Act 2000 by Shahzia Daya appointed by the
monitoring officer for Bristol City Council into an allegation
concerning Councillor Shirley Brown.
Page 2 of 11
Contents
1. Executive Summary
2. Councillor Brown’s official details
3. The relevant legislation and protocols
4. The evidence gathered
5. Summary of the material facts
6. Councillor Brown’s additional submissions
7. Reasoning as to whether there have been failures to comply with the Code of
Conduct
8. Finding
Appendix A
Schedule of evidence taken into account and a list of unused material
Report of an investigation under Section 59 of the Local
Government Act 2000 by Shahzia Daya appointed by the
monitoring officer for Bristol City Council into an allegation
concerning Councillor Shirley Brown.
Page 3 of 11
1. Executive Summary
1.1 It is alleged by Mr Taylor in a complaint dated 2nd March 2009 (copy attached) and by
Councillor Goulandris (in his complaint made on behalf of the Conservative Group) that:
‘’Councillor Brown used racist slang against a fellow Councillor during a Council
meeting by stating “In our culture we have a word for you . . . we have a word
that we use and I am sure many in our city will understand . . . it’s ‘coconut’. At
the end of the day I look at you as that” and “the water is either thrown away or
drinking it”.
That she made a personal attack and shouted nonsense at the top of her voice.
That her language betrays a racist mentality. Also, that her words are racial
harassment i.e. verbal abuse. Reference to the comments made in the national
press “I’m black so how can I be racist?” has also been made.
That she caused embarrassment to the City.
The relevant paragraphs of the Code of Conduct for Members adopted by the Council in
June 2009 are;
Para 3(1)
You must treat others with respect
Para 3(2) (a)
You must not do anything which may cause your authority to breach
any equality laws
Para 3(2) (b)
Must not bully any person including other councillors, council officers or
members of the public
Para 5
You must nor bring your office into disrepute while acting in your official capacity, or at any time through criminal activity that leads to a criminal conviction.
Having investigated the complaint on behalf of the monitoring officer, I am satisfied that
Councillor Brown did say to Councillor Jethwa:
“In our culture we have a word for you . . . we have a word that we use and I am
sure many in our city will understand . . . it’s coconut. At the end of the day I
look at you as that” and “the water is either thrown away or drinking it”.
Councillor Brown says of her use of the term ‘coconut’
‘’They were not meant with any racial connotation. Councillor Jethwa spoke
about funding, that she was from an East African background, she made
reference to socialist style handouts, referred to the use of the English language
and made reference to the Legacy Commission by saying that the Council was
trying to make futile attempts to write historic wrongs. I was angry. She is from
Africa and the Commission is there to help people know their history. She is from
Africa and should have an understanding of the Legacy Commission.
I meant that she is in denial of her roots. No racial connotation was meant, simply
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