Complaint Councillor censured

There will also be an investigation into contracts and planning

And Torbay Council is to start an investigation into a series of other allegations which came to light during the disciplinary process, including planning and the award of contracts.

Torbay councillor Mark King was accused of multiple breaches of the code in his professional capacity as a member of the council’s executive.

The complaint was from a woman Cllr King developed a personal relationship with. She said she later became concerned for her safety due to his behaviour, a report said.

The councillor was found to have breached the code of conduct, governing councillor’s professional behaviour, several times.

And the standards sub-committee which investigated the complaint has asked for a new investigation.

It will cover allegations relating to the behaviour of another councillor, the award of contracts for bus services, security and an event, and allegations of impropriety in planning matters.

The standards hearing sub-committee considered an investigation report and evidence from witnesses about the initial complaint against Cllr King in a private session.

It issued its decision in a statement on Friday.

The committee found the member for the Cockington with Chelston ward breached the conduct code by putting himself under an obligation to the woman by asking her to temporarily close her organisation.

It cleared him of bullying her in relation to that part of the complaint, but said he had allowed himself to be open to potential influence in the performance of his official duties.

It found he had breached the code by asking the complainant to persuade the mayor Gordon Oliver to make him deputy mayor.

Cllr King claimed it was a joke, but the committee rejected that and said Cllr King was seeking to obtain advantage, in breach of the code.

The sub-committee also decided the councillor had used his position to “improperly disadvantage” Cllr Robert Excell, the council’s executive lead for community services.

It heard Cllr King drafted a complaint for the woman against Cllr Excell. But he should have reported his concerns to the council’s monitoring officer.

The sub-committee cleared him of breaches relating to a series of other allegations.

It decided  he did not use his position as a councillor to develop a relationship with the complainant after they met at a public consultation event in December 2016.

And it decided he did not disclose confidential information to the complainant.

The sub-committee found he made “derogatory comments” about council officers and fellow councillors.

But the comments made in his personal capacity were “trivial gossip and made between two people who were having a relationship”.

The sub-committee was unable to reach a decision on an allegation that he threatened to close the complainant’s organisation.

It issued a formal censure to Cllr King and ordered him to carry out one-to-one training on the members’ code of conduct.

The sub-committee said he should refer any matters regarding the organisation involved in the complaint to another ward councillor.

It also asked the council’s monitoring officer Anne-Marie Bond to investigate a series of other allegations made by the complainant which were not covered in the initial complaint:

• Councillor Excell’s behaviour towards the complainant;
• the procurement and award of contracts for bus services and security;
• the procurement and award of a contract for an event;
• the Public Safety Advisory Group process for events;
• Allegations of impropriety in respect of planning matters.

The complainant said after the decision was released: “I’m feeling completely and utterly relieved that the truth has now come out about this man.

“I’m really proud that I have been through hell and back, and now finally this has all come out into public.”

Cllr King resigned from the council’s Liberal Democrat group in September, the day after an initial hearing into the claims was adjourned.

He was elected as one of the three councillors for Cockington with Chelston as a Conservative in 2015 and served on Torbay Council’s executive as the lead for planning, housing, transport and waste.

Cllr King left the Tory group a year ago after a disagreement between the leadership and members of the executive over following group rules on how to vote.

He become an Independent before joining the Liberal Democrats in May, and returned to being an Independent in September.

Cllr King was named in a statement by Torbay Council as the subject of a complaint after a preliminary hearing on July 20.

Cllr King has been contacted by email for comment.