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Andrew Weavers, Monitoring Officer, introduced the Complaint in relation to Councillor Lilley. The report requests that the Committee determine what action should be taken in relation to the complaint made.
Andrew Weavers provided the Committee with a summary of the complaint and the options available to the Committee under the powers of self-regulation. Andrew Weavers informed the Committee that both Councillor Lilley, and Councillor Davies, were unable to attend the meeting. Both Councillors provided a statement which has been included in the report, and the Committee has the options outlined in paragraph 5.3.
Have Your Say
Nick Chilvers
Nick Chilvers, a resident in Cllr Lilley’s ward, informed the Committee that he felt that whilst the comments were wrong, Councillor Lilley had apologised for his lapse of judgement.
Mr Chilvers highlighted that Councillor Lilley had provided both an explanation about the tweet, and that a genuine apology had been made. Mr Chilvers confirmed that he had dealings with Cllr Lilley in the past and that there was no evidence that that he has a deep seated prejudice, but that he embraced tolerance. In addition, Mr Chilvers stated that the suggestion that he should stand down is unwarranted and that no harm was done.
Mr Chilvers urged the Committee to conclude that it falls outside the remit of the member’s code of conduct and that no further action should be taken.
Cllr J Young
Councillor Young informed the Committee that she has known Councillor Lilley for a number of years and knows how committed he is to his role as Councillor and Portfolio Holder.
Councillor Young highlighted that Cllr Lilley has indicated that he is remorseful, and that the tweet was a lapse of judgement. Councillor Young stated that Cllr Lilley, knows that the tweet was a mistake, and that she has never known Cllr Lilley to be demonstrably racist in any shape or form. It was a lapse of judgement that he has sought to put right.
Councillor Young suggested to the Committee that no further action be taken.
Cllr Smith
Councillor Smith stated that following the tweet, he spoke to Councillor Lilley who expressed his remorse and regret for his actions.
Councillor Smith stated that as with the Councillor Buston case, no further action should be taken against Councillor Lilley.
Cllr A Fox
Councillor Fox stated that Councillor Lilley had received support from a number of local residents and that the whole situation had taken its toll on Councillor Lilley.
Councillor Fox informed the Committee that Councillor Lilley had apologised twice following the event and the statement, provided by Councillor Lilley in the report, presented to the Committee demonstrates his remorse. Councillor Fox stated that Councillor Lilley is not racist, and works across party boundaries to get the best result for Colchester and his ward.
Councillor Fox hoped that this had not done damage to Councillors working across party lines as it is important that Councillors are able to work together. Councillor Fox also stated that he was disappointed that this issue made it to Committee.
Cllr T Young
Councillor T.Young attended to speak in support of his friend and colleague Councillor Lilley. Councillor Young stated that he had received messages of support for Councillor Lilley from across the Borough. Councillor Lilley is aware that he made a mistake and has apologised and deleted the twitter account.
Councillor Young stated that Councillor Lilley was not xenophobic or racist. Councillor Young stated that the suggestion in the statement that Councillor Lilley was not able to manage his own prejudices was not the case. Anyone approaching Councillor Lilley would be supported and treated equally.
Councillor Young highlighted that Councillor Lilley is an exceptional Cabinet member working very hard and that further punishment would not fit the crime committed. Councillor Young urged the Committee to take no further action.
Committee discussion
Councillor Harris thanked the visiting Councillors for attending to have their say, and confirmed that their views would be taken into account.
Members of the Committee expressed their views relating to the complaint. Comments made by Committee members included the understanding that Councillor Lilley was a good Councillor who worked hard in his role as Portfolio Holder across the Borough. The view expressed by members of the Committee was that no further action should be taken against Councillor Lilley.
Committee members requested that the members code of conduct be reviewed, particularly in the light of the continued role of social media. It was also suggested that further training could be provided to assist in establishing the guidelines between posting in a private capacity and as a Councillor of the Borough. Andrew Weavers confirmed that the Members Code of Conduct would be reviewed by the Committee at the October meeting. In response to a query as to why the complaint came to the Governance and Audit Committee, Andrew Weavers stated that when a complaint is received, the Monitoring Officer is duty bound to consider the complaint. The complaint is then considered by the Governance and Audit Committee as it has the required powers to decide the most appropriate action.
Committee members were keen to acknowledge the importance of ensuring that Councillors are able to submit these complaints without fear of a backlash. Committee members expressed their support to Councillor Davies, who received abusive and threatening comments through social media.
RESOLVED that;
- No further action be taken in relation to the complaint against Councillor Lilley
- The Governance and Audit Committee review the Members Code of Conduct at the next available opportunity to ensure that it is operating in the best interests of the Council.