The report sets out an allegation made by way of a complaint against a Town Councillor concerning a potential breach of the Code of Conduct for Members.  The Sub-Committee is asked to hear and determine the allegation that a Town Council Member has failed to comply with the Council’s Code of Conduct.

On 27 May 2010, the Standards Sub-Committee (Hearing) considered the complaint against Cllr Adam Fahn for possible breaches to the Code of Conduct, which were referred for investigation on 11 December 2009 by the Standards Sub-Committee (Initial Assessment).  Mr Johnson carried out an investigation which included face to face interviews, email discussions and written correspondence with various individuals.  A written report was received by the Monitoring Officer which said that two possible breaches of the Code had been found in relation to two of the complainants, who were 16 yrs old at the time. 

Prior to commencement of the Hearing, the Sub-Committee agreed to receive additional representations made by a complainant who was unable to attend and MSN correspondence between the subject Member and Mr Howard, which related to the possible breaches.

The Chairman asked everyone to introduce themselves and explained how the Hearing would be conducted.  Mr Johnson informed the Sub-Committee that through his investigation he had found two possible breaches of the Code of Conduct at paragraphs 3(1) and 5, in respect of both young complainants, Mr Johnson confirmed his report stood as written and he would answer any questions.

In relation to paragraph 3(1) treating others with respect:-

The Chairman asked the Complainants to explain what happened on the evening in question when the alleged ‘kick’ occurred.  It was explained that a ‘drum riser’,  which was a heavy piece of equipment, was in the process of being carried by two of the complainants when Cllr Fahn had kicked the younger person almost causing the equipment to be dropped.  This incident was reported to have occurred at the end of a long evening of teasing and banter which had embarrassed the younger person.  An email exchange between Cllr Fahn and the Mr Howard, which showed Cllr Fahn admitting to the kick, had been submitted in evidence.  When asked for his version of events, Cllr Fahn denied the kick had occurred and said he had been carrying equipment himself.  Mr Howard confirmed that Cllr Fahn had not been carrying any equipment.  The Chairman asked in what context they viewed Cllr Fahn’s presence at the event.  It was noted that there was no other capacity for him to be present other than as a Town Councillor.

In relation to the female complainant, she had sent an email stating that she was unable to attend the hearing due to work commitments.  Mr Tidy spoke on behalf of the female complainant and explained that the incident had occurred in a public house following the completion of a musical gig.  The female complainant had been speaking to a member of the bar staff when Cllr Fahn smacked the female complainant on the bottom and stated ‘get your coat you’ve pulled’.  She was 16 yrs old at the time. 

In relation to paragraph 3(2)(b) – bullying

Mr Johnson informed the Sub-Committee that this was one of the most difficult areas of the Code to prove.  The Chairman asked the complainants to explain how they  ...  view the full minutes text for item 3.