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ISLEOl WIGHT

COUNCIL

Directorate of Corporate Services Director and Monitoring Officer Davina Fiore

Written Decision Consideration Sub-Committee

Complaint against Cllr David Pugh

Complainants

Cllr J Bacon, Cllr G Lumley, Cllr C Welsford

ESC.69.10

Chair - Mark Southwell

Standards Committee Members Cllr John Howe

Ray Smith

Mon ito ring Officer Chris Mathews

Investigating Officer Justin Thorne

Hearing 18 November 2010 @ 1 Dam in Committee Room 2

Date of Report ~ 3 September 2010

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Summary of the Complai-nt

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1.1 It is alleged by Cllr's Bacon, Lulilrey and Welsford by letter 9th March 2010 that Cllr David Pugh (,Cllr Pugh") breached the code of conduct, namely:

1.1.1

1.1.2 1.1.3

1.1.4

1.1.5

1.1.6

1.T:-7

Para 3(1) - You must treat others with respect (Rachael Bushby in relation to events within the ball at the table)

Para 3(2)(b} - You must not bully any person (Rachael Bushby in relation to events within the ball at the table)

Para 3(2)(c ) - You must not intimidate or attempt to intimidate any person who is likely to be a complainant or witness CRachael Bushby in relation to events within the ball at the table}

Para 3(2)(d) - You must not do anything which compromises or is likely to compromise the impartiality of those who work for, or on behalf, your authority (Rachael Bushby and the Isle of Wight Council Communication department) Inserted Upon review - Para 5 - You must not conduct yourself in a manner which could reasonably be regarded as bringing your office into disrepute (Isle of Wight Radio Interview - 23rd February 2010)

Para 6(a) - You must not use or attempt to use your position as a member to confer on or secure for yourself or any other person, an advantage or disadvantage. (Isle of Wight Council-Communication department)

Para 6(b) (ii) - You must when using or authoriSing the use by others of the resources of your authority ensure that such resources-are not used'-improperly for political purposes. -(Isle of Wight-Council Communication department)

Findings of Investigating Officer

In relation to Para 3(1) - You must treat others with respect (Rachael Bushby in relation to events within the ball at the table), Para 3(2)(b) - You must not bully any person (Rachael Bushby in relation to events within the ball at the table) and Para3(2)(c) - You must not intimidate or attempt to intimidate any person who is likely to be a complainant or witness (Rachael Bushby in relation to events within the ball at the table), I find the following:

1.2 I do not believe there is sustainable evidence to conclude on the balance of probabilities that any overt or covert pressure was placed upon Rachael to act in a particular manner.

1.3 Whilst I accept the non-referred incident may have been of the type of behaviour that may cause concern, I have seen no evidence to suggest that he treated Rachael with anything other than respect during the evening in question.

1.4 I have seen no evidence that Cllr Pugh's actions or conduct towards Rachael amounted to intimidatory behaviour. I have heard no evidence of any particular behaviour that would amount to intimidation or even a series of actions that might cumulatively amount to such.

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1.5 I believe all her actions were voluntary and no action attributable to Cllr Pugh has been evidenced in my enquiry. I believe her actions in attending and leaving with him are consistent with a relationship.

In relation to Para 3(2)(d) - You IT:)Mst not do anything which compromises or is likely to compromise the impartlafity of those who work for, or on behalf, your authority; Para 6(a) - You must not use or attempt to use your position as a member to confer on or secure for yourself or any other person, an advantage or disadvantage; and Para 6(b)(ii) - You must when using or authorising the use by others of the resources of your authority ensure that such resources are not used improperly for political purposes, I find the following

1.6 I believe that is quite proper that officers sought to moderately manage media enquiries during the week beginning 15th February. I do not find that any such actions were excessive or improper.

1.7 I further believe that it was proper to seek to establish whether any further adverse publicity would be made by key witnesses to the event

1.8 I do not find that Cllr Pugh has breached these paragraphs of the code of conduct.

In relation to Para 5 - You must not conduct yourself in a manner which could reasonably be reqarded as bringing your office into disrepute, I find the following;

I do not believe CUr Pugh's comment caused' harm to his office or the authority. I do not believe that his comment diminished his office or the Council to a sufficient degree that

would breach the code of conduct. .

Decision of the ConSideration Sub-Committee

Agree with the finding of the Investigating Officer that there has been no breach of the code of conduct.

Reasons (including whether or not the report be released)

There was no evidence that there had been a breach of the Code of Conduct.

That the report of the Investigating Officer, suitably redacted to protect third parties, be released to the public.

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Dated:

Chairman: ~Sl!::~ _ .

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PRIVATE AND CONFIDENTIAL

Case Reference: ESC.69.10

Report of an investigation under Section 59 of the Local Government Act 2000 by Justin Thorne, Principal Lawyer, appointed by monitoring officer for Isle of Wight Council into an allegation concerning Cllr David Pugh.

DATE: 25th October 2010

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Contents

1 Executive summary

2 Cllr David Pugh's official details

3 The relevant legislation and protocols

4 The evidence gathered

5 Summary of the material facts

6 Reasoning as to whether there have been failures to comply with the Code of Conduct

7 Findings

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1 Executive summary

1.1 It is alleged by Cllr's Bacon, Lumley. and Welsford by letter 9th March 2010 that Cllr David Pugh ("Cllr Pugh") breached the code of conduct, namely:

1.1.1 Para 3(1) - You must treat others with respect CRachael Bushby in relation to events within the ball at the table) 1.1.2 Para 3(2)(b) - You must not bully any person (Rachael Bushby in relation to events within the ball at the table)

1.1.3 Para 3(2){c ) - You must not intimidate or attempt to intimidate any person who is likely to be a complainant or witness (Rachael Bushby in relation to events within the ball at the table)

1.1.4 Para 3(2){d) - You must not do anything which compromises or is likely to compromise the impartiality of those who work for, or on behalf, your authority (Rachael Bushby and the Isle of Wight Council Communication department)

1.1.5 Inserted Upon review - Para 5 - You must not conduct yourself in a manner which could reasonably be regarded as bringing your office into disrepute (Isle af Wight Radio Interview - 23rd February 2010)

1.1.6 Para 6(a) - You must nat use.or attempt to use your position as a member to confer on or secure for yourself or any other person, an advantage or disadvantage. (Isle of Wight-Council Communication department)

1.1.7 Para 6(b) (ii) - You must when using or authorising the use by others of the resources of your authority ensure that such resources are not used improperly for politlcal purposes. (Isle of Wight Council Communication department)

1.2 The Assessment Sub Committee of the Ethical Standards Committee has referred the allegations for investigation.

1.3 On the 12th February 2010 the Leader attended the Chairman's Ball at Cowes Yacht Haven with a guest, Rachael Bushby ("Rachael"). At the end of the evening an exchange occurred between Cllr Pugh and Carole Dennett that was captured on film and subsequently posted on and internet video sharing website called "You Tube". The complaint alleges a number of breaches not all of which have been referred for investigation. No matters that relate to conduct outside the Chairman's Ball, including the exchange that was captured on film, farms part of breaches of the code of conduct that were referred for investigation. The exchange outside the venue I have referred to as the "non referred incident" within this report.

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1.4 During the course of the investigation it is apparent that the alleged breaches can be broken down into discrete parts. These can be summarised as:

1.4.1 Cllr Pugh behaviour and conduct towards Rachael during the evening of 12th February 2010 and whether this amounted to unacceptable behaviour or undue influence or bullying. This to include whether he explicitly or implicitly threatened to use his executive powers to force a course of action for his own advantage or others disadvantage.

1.4.2 Cllr David Pugh behaviour and conduct post the event towards communication officers, principally Gavin Foster and Claire Robertson, and whether this amounted to unacceptable pressure or improper influence upon their normal proper officer duties. This to include whether he explicitly or implicitly threatened to use his executive powers to force a course of action for his own advantage or others disadvantage.

1.4.3 In the alternative to overt pressure upon council officers or Rachael Bushby, whether by reason of his position, his conduct may be seen obiectlvely as improper.

1.4.4 As a matter of principle whether he should have had any interaction or discussions with Council officers in relation to media management post the 12th February 2010.

1.4.5 Whether his comment "these things happen" on an Isle of Wight Radio interview amounts to bringing the Council into disrepute.

1.5 There have been no breaches of the code of conduct identified as result of my investigation.

1.6 I do not believe there is sustainable evidence to conclude on the balance of probabilities that any overt or covert pressure was placed upon Rachael to act in a particular manner.

1.7 I have seen no evidence to suggest that Cllr Pugh treated Rachael with anything other than respect during the evening in question or post this event.

1.8 In relation to the use of or interaction with the Isle of Wight Communication department I have found no evidence of a breach. I believe that it is quite proper that officers sought to moderately manage media from the week beginning 15th February. Ido not find that any such action was excessive or improper.

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1.9 I further believe that it was proper to seek to establish whether any further adverse publicity would be made by key witnesses to the event.

1.10 I do not believe Cllr Pugh's comment on Isle of Wight Radio caused harm to his office or the authority. I do not believe that his comment diminished his office or the Council to a sufficient degree that would breach the code of conduct.

2 Cllr David Pugh's official details

2.1 CUr David Pugh was elected to office on 4th June 2009 for a term of 4 years. Cllr David Pugh is also a member of Shanklin Town Council

2.2 Cllr David Pugh currently serves on the Cabinet, Full Council, and Employment Committee and is Leader of the CounciL

2.3 Cllr David Puqh gave a written undertaking to observe the Code of Conduct on 8Th June 2009.

2.4 CllrDavid Pugh has received the following training on the Code of Conduct

2.4.1 10th May 2005 2.4.2 ih February 2007 2.4.3 19th June 2007 2.4.4 27th October 2008 2.4.5 23rd February 2009 2.4.6 9th June 2009

3 The relevant legislation and protocols

3.1 This investigation is carried out under powers given to the monitoring officer by the Local Govemment Act 2000 and the Standards Commrttee (England) Regulations 2008. The investigation has been delegated by virtue of s82a of the act.

3.2 The Isle of Wight council has adopted a Code of Conduct in which the following paragraphs are included:

• Para 3(1) - You must treat others with respect

• Para 3(2)(b) - You must not bully any person

• Para 3(2)(c ) - You must not intimidate or attempt to intimidate any person who is likely to be a complainant or witness

• Para 3(2)(d) - You must not do anything which compromises or is likely to compromise the impartiality of those who work for, or on behalf, your authority

• Para 5 - You must not conduct yourself in a manner which could reasonably be regarded as bringing your office into disrepute

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• Para 6(a) - You must not use or attempt to use your position as a member to confer on or secure for yourself or any other person, an advantage or disadvantage.

• Para 6(b)(ii) - You must when using or authorising the use by others of the resources of your authority ensure that such resources are not used improperly for political purposes.

4 The evidence gathered

4.1 I have taken account of oral evidence from:

4.1.1 Davina Fiore (Monitoring Officer) on 25th March 2010 4.1.2 Cllr Geoff Lumley on 8th April 2010

4.1.3 Gavin Foster on 13th April 2010

4.1.4 Claire Robertson on 7th May 2010

4.1.5 David Holmes on ro" May 2010

4.1.6 Carole Dennett on 14th Ma~ 201 0

4.1.7 Cllr JonathonBacon on 17 May 2010

4.1.8 Rachael Bushby on 20th May 2010

4.1.9 Cllr Chris Welsford on 8th June 2010

4.1.10 Cllr David Pugh on 10th June 2010

4.1.11 Jason Kaye on 18th June 2010

4.2 I have also taken account of documentary evidence obtained from:

4.2.1 Davina Fiore - em ails

4.2.2 Rachael Bushby - various papers supplied 4.2.3 Carole Dennett -letter setting out her position 4.2.4 Gavin Foster - emails, Ventnor Blog, statement

4.2.5 CUr David Pugh - Emails to communication department between iz" February and zs" February 2010, Letter in reply to interview, Information obtained from Subject Access Request", BBG online article 11th July 2007

4.2.6 CUr Jonathon Bacon - Private E.yearticle "Disputin' Puqhtin"

4.2.7 Isle of Wight Gazette - dated 19th February 2010 and 5th March 2010

5 Summary of the material facts

Matters of fact of which witnesses appear not to disagree or comment.

5.2 The chairman's ball was held at Cowes Yacht Haven on 12th February 2010.

1 Under 57 Data Protection Act 1998

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5.3 The ball was a paid ticket event.

5.5 The attendees at the ball included, so far as is material, Cllr David Pugh, Rachael Bushby, Carole Dennett, Jason Kaye, David Holmes.

5.6 Jason Kaye attended the ball as a photographer but due to the absence af a guest at table 14 he joined table 14 at the start of the meal. This table was also occupied by David Haimes, Carole Dennett and Andrew Turner MP. CUr Pugh and Rachael were seated on another table.

5.14 Cllr Pugh spoke with Davina Fiore on Monday 15th February 2010.

5.15 Gavin Foster had telephone conversations with a reporter at the Telegraph, Carole Dennett and Jason Kaye about the incident on the Monday 15th February.

5.16 Gavin Foster also received an email enquiry from the County Press on 17th February 2010.

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