27 January 2023
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A fourth complaint under HPC’s Code of Practice was made by Ms Hogan on 3 February 2022. She was then Acting Clerk of HPC. She resigned on 28 February 2022.
The complaint was sent to me by Bucks Council’s Monitoring Officer (MO) on 14 February 2022.
Background to the complaint
Hughenden Parish Council had a meeting on 11 January 2022 (see my blog of 21 January 2022). The agenda was overloaded with 46 substantive items and 37 Appendices. The papers were issued in the wrong order and critical papers were missing.
The meeting was confusing, many items were approved with very little consideration, and it was often not clear what had been said or agreed.
On 14 January 2022, Ms. Hogan circulated the draft minutes of the meeting asking for comments on their accuracy. I responded to that request over the next few days; the correspondence is below. These e-mails are in the public domain but I have deleted the names of some recipients to avoid any embarrassment to residents.
The complaint
Ms Hogan complained that my e-mails (documents 2, 4 and 5) constituted harassment and fraud.
The definition of harassment is:-
“The Protection from Harassment Act 1997 defines harassment as conduct that causes alarm or distress or puts people in fear of violence and must involve such conduct on at least two occasions. It can include repeated attempts to impose unwanted communications and contact upon a person in a manner that could be expected to cause distress or fear in any reasonable person.”
Ms Hogan therefore alleged that my three e-mails caused her alarm or distress or put her in fear of violence.
Ms Hogan also alleged that in asking her to change the minutes with respect to the Widmer End Village Hall (document 5), I was asking her to act with dishonesty because this would mean that Widmer End Village Hall would be given £2,000 and that this would constitute fraud.
The outcome
I responded to Ms. Hogan’s complaint on 18 February 2022. My response was long and again took many hours to prepare.
Ms. Hogan was presumably not satisfied with my response and the complaint went to Stage 2.
In his Stage 2 assessment, the deputy MO made a number of comments which worried me (and should worry other councillors).
a) The deputy MO said that my comments about the Widmer End Village Hall minute were “insistent”. As you can see below (document 5), I only e-mailed once about this issue, I did so on behalf of the Chairman of Widmer End Village Hall, and I apologised for the fact that I had missed this the first time.
It worried me that the deputy MO considered one request on behalf of a constituent as “insistent”. Is he saying I should have ignored the concerns of the Chairman of Widmer End Village Hall?
b) The deputy MO said that I had “ultimately” accepted that my understanding of the Council’s decision was not correct.
This is clearly not correct. It took me precisely 1 hour and 9 minutes between Ms Hogan telling me I was wrong and my saying she was “perfectly right” and apologising for my mistake.
It worried me that the deputy MO appeared to ignore the facts and implied that it took me a long time to accept that I was wrong and in some way was reluctant to do so.
c) The deputy MO said that my suggested redrafts of the minutes (in document 1) “blurred the boundaries between the roles of councillor and Clerk” because it was the Clerk’s role to redraft the minutes. Ms Hogan could therefore “be forgiven for being concerned when her minutes were redrafted as opposed to commented upon”.
I think providing redrafts is helpful. It saves the minute-taker time and effort. I have never had anyone express their concern about the practice. I found it odd that Ms. Hogan was concerned – and quite worrying that the deputy MO thought it reasonable for a Clerk to be concerned.
d) The deputy MO said that a duly appointed councillor “has a status which carries weight”; that the “gravitas of their position can, in some circumstances, overawe an officer” … and in certain circumstances this can be perceived as undue pressure. Here, it appears the Acting Clerk felt something of this kind. Indeed, a less robust clerk may have ‘given in’ at an earlier point and made a correction which would have led to an erroneous record”.
I worried that the deputy MO could think my status and gravitas could overawe Ms Hogan, an experienced Clerk of some years standing, to the point where she felt under pressure from my three e-mails and could only withstand the pressure because she was robust.
Any councillor ought to read my e-mails and take warning. These e-mails are what the deputy MO considers sufficient undue pressure for a Clerk to have to be robust to withstand. This is not a chance remark but a considered view in a Stage 2 assessment of a complaint under a Code of Conduct.
He also gives, as a considered view, that providing redrafts would give reasonable grounds for concern to a Clerk. That “ultimately” means something less than 1hour and 9 minutes. And that insistent means just once.
Oh I nearly forgot. The deputy MO failed to mention, let alone address, the actual complaints i.e. that the e-mails constituted harassment and fraud.
Once again, I might as well have declined to comment.
The deputy MO merely concluded that he saw no public interest in pursuing this matter to investigation.
P.S. The draft minutes were never approved. Approval was deferred at the next meeting of Council on 25 January and the Council became inquorate on 29 January 2022.
DOCUMENT 1
From: Deputy Clerk <deputy.clerk@hughenden-pc.gov.uk> Sent: Friday, January 14, 2022 12:24 PM To: Full Council <FullCouncil@hughenden-pc.gov.uk> Subject: Draft Minutes of Meeting on Tuesday
Good Afternoon
Please find attached the draft minutes from Full Council meeting held this week.
Please let me know by the 25th January if you believe there are any inaccuracies.
Kind regards
Helen Hogan
Deputy Parish Clerk
DOCUMENT 2
From: Linda Derrick <Linda.Derrick@hughenden-pc.gov.uk> Sent: 21 January 2022 13:10 To: Deputy Clerk <deputy.clerk@hughenden-pc.gov.uk>; FullCouncil@hughenden-pc.gov.uk> Subject: Re: Draft Minutes of Meeting on Tuesday
Dear Helen
Thank you for doing the draft minutes so quickly for what was a long and difficult meeting. You asked for comments by 25 January. I hope by doing this earlier, my comments can be incorporated before the draft minute are formally circulated.
My comments are below: -
22.1.248 Suggested addition “Cllr Derrick requested that Council should be informed urgently as to the amount which would be left in the reserves in 2022/3 after some of the reserves was drawn down and some of the reserve was earmarked for particular purposes.” The Clerk agreed to do so.
22.1.249 I think Council resolved to ensure that current systems are in line with HPC’s Financial regulations not the other way round. Council needs to review the Regulations and make changes but until it does so Council has to comply with what is there.
22.1.251 I think it would better to reflect the Financial Regulations exactly as this would mean Council can tick the relevant recommendation in the internal auditors report. So I suggest “Cllr Kearey was appointed to verify the bank reconciliations produced by the RFO, and to report back to the Council once a quarter as specified by paragraph 2.2 of HPC’s Financial Regulations”.
22.1.268 The minutes need to record that Council was retrospectively authorising the payments to BP Collins. The minutes also need to record that Council agreed to carry out an investigation into the authorisation of past payments to BP Collins and that that investigation would report to the February Full Council. If this is not recorded in the minutes, I will refer these payments to the internal auditor.
22.1.270 I thought you had assured Council that it owned the land [at Ash Close] and I asked for that to go in the minutes. It was on the basis of that assurance that I voted to include the land in the maintenance contract. Without that assurance, I would have proposed a delay until the proof of ownership was circulated. You will understand I am a bit sensitive about council taking on responsibilities.
So I would like that assurance in the minutes please and would be happy to receive the proof of ownership.
22.1.272 I voted for the extension on the existing contracts on condition that Council review these contracts to assure itself that they complied with HPC’s Financial Regulations and the law and that they provided value for money to residents, and that that review would report by September at the latest.
I would like this recorded in the minutes please. I should point out that this is merely what the internal auditor recommends and Council will have to respond to that recommendation.
22.1. 286 As I declared an interest and withdrew (although not physically leaving the meeting), I believe we decided that this rendered the meeting inquorate. This means that this resolution could not be made.
I should also point out that Cllr Nicholls declared an interest in this item last time it was discussed and perhaps should have declared an interest here too.
Kind regards
Linda
Councillor for Widmer End
Hughenden Parish Council
DOCUMENT 3
From: Deputy Clerk <deputy.clerk@hughenden-pc.gov.uk> Sent: 25 January 2022 18:18 To: Linda Derrick <Linda.Derrick@hughenden-pc.gov.uk> Cc: Full Council <FullCouncil@hughenden-pc.gov.uk> Subject: RE: Draft Minutes of Meeting on Tuesday
Good Afternoon
Please find attached the minutes that have been amended to reflect two inaccuracies.
Please note that
27 Minutes are to reflect the decisions made and actions requested, they are not written to reflect the personal opinions of individuals.
Votes are either for or against a resolution, they cannot be made conditionally.
Kind regards
Helen Hogan
Deputy Parish Clerk
DOCUMENT 4
Linda Derrick
Tue 01/02/2022 14:24
To: Deputy Clerk
Cc: Full Council
Dear Helen
I assume you need to get these draft minutes out with the agenda assuming we are able to have a Council meeting next week.
I think the changes I ask for are accurate descriptions of decisions made by Council and are not merely my personal opinions. As such I would ask that you reconsider and put these decisions in the minutes.
Kind regards
Linda
DOCUMENT 5
Linda Derrick
Wed 02/02/2022 23:29
To: Deputy Clerk
Cc: Full Council Draft Minutes.docx
181 KB
Dear Helen
As you know, I have asked for some substantive amendments to these draft minutes but you have said you will not be making any changes. Ordinarily I would ask for my proposed changes to be made at the next Council meeting and it would be up to Council.
However, there is one item which caused me concern but I missed when I wrote to you. That item was the grant application from Widmer End Village Hall. The draft minutes say:
"22.1.266 Council considered the grant application from Widmer End Village Hall – Appendix 24. HPC will be willing to fund up to £2,000.00; subject to resolution at a future meeting and to engagement of the Community Board on the part of Widmer End Village Hall.|"
The issue was raised at WERA tonight by the Chairman of the Village Hall. He was under the impression that the item was not discussed because the meeting was inquorate. I assured him that the item was discussed. I had specifically asked for it to be discussed before the meeting became inquorate when I declared an interest later in the meeting. I said I would check the draft minutes.
My recollection of the discussion was that the Village Hall Committee applied for £5,000 and would provide match funding. I supported this application, which I said was excellent, and felt the money should be granted. Other councillors disagreed, although I was not sure why. In the end I thought the Council agreed to approve a grant of £2,000, subject to obtaining some match funding from an organisation apart from itself. I do not think the grant was subject to resolution at a future meeting nor to engagement with the Community Board.
At the moment, this difference matters because the approval of the grant cannot come back to Council for resolution. Nor is it clear what engagement with the Community Board means.
The Village Hall Committee has a commitment for funding from at least one other organisation so, according to my recollection, that would mean the grant of £2,000 can be paid. According to the draft minutes, the matter is stalled for the foreseeable future.
I would be grateful if you and other councillors could agree that the application was approved at the meeting and to clarify the conditions of that approval so the monies can be paid.
Kind Regards
Linda
Councillor for Widmer End
Hughenden Parish Council
DOCUMENT 6
Deputy Clerk
Thu 03/02/2022 13:40
To: Linda Derrick
Cc: Paul Nicholls;
Simon Kearey
Good Afternoon Linda
You have, for the third time, requested that I rewrite the minutes. I have replied in the negative twice now, repeated requests will not make me change my answer. I made two changes that were indeed errors and notified you of that prior to, and at, the last meeting.
"22.1.266 Council considered the grant application from Widmer End Village Hall – Appendix 24. HPC will be willing to fund up to £2,000.00; subject to resolution at a future meeting and to engagement of the Community Board on the part of Widmer End Village Hall.|"
I believe the wording is clear, this was not a resolution. You were heavily involved in the discussion so I am not sure why you do not understand it.
You state in your email below:- I would be grateful if you and other councillors could agree that the application was approved at the meeting and to clarify the conditions of that approval so the monies can be paid.
I cannot record what did not happen and; quite frankly; I am shocked that you have made this request. There was no resolution and therefore there were no conditions made.
Your comments regarding my performance in my role as Deputy Clerk should not be subject to public scrutiny.
Kind regards
Helen Hogan
Deputy Parish Clerk
DOCUMENT 9
Thu 03/02/2022 14:39
To: xxxxx
Cc:
Full Council
Deputy Clerk
Dear xx
You will see the deputy Clerk's response. I have checked the agenda and she is perfectly right - there was no resolution for this item; it merely says
" 6.22 To receive and consider the Grant Application from Widmer End Village Hall, note the applicant has approached other organisations but is not optimistic of a positive response – Appendix 24."
I do not know why there was no resolution for the grant application from the Widmer End Village Hall which I believe would be the normal course of events. James Air could not attend the meeting and I had not been involved with any of the discussions. So, I do not who or why it was decided merely to ask the Council to receive and consider the application rather than approve the grant.
My apologies for not picking this up at the time. All I can say is that it was an extremely long agenda.
I realise that this leaves the Village Hall up in the air as the Council is now inquorate and we don't know when the next meeting will take place.
All I do is repeat what I said at the Council meeting and at WERA last night - I thought this was an excellent application, the playground is well-used and the swings need replacement, and I fully support the application.
Kind Regards
Linda
Councillor for Widmer End
Hughenden Parish Council