Summary of the complaint:

The complainants allege that at a Council meeting on 13 July, 2009 with members of the public present in the public gallery, Councillor Denis Knowles made a threatening gesture directed at Councillor Ron Abbey.

Relevant sections of the Code of Conduct:

The complaint is that Councillor Knowles has acted in a manner which amounts to a breach of the Code of Conduct for members of Wirral Council.  The current code was adopted by Council on 21 May 2007.  The relevant parts of the Code in relation to this complaint are:

Paragraph 3(1) You must treat others with respect.

Paragraph 5  You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute.

Summary of the Evidence Considered and Representations Made

The Investigating Officer presented his report describing the outcome of the investigation, including written statements by:

-   the complainants (Appendix 1)

-  Councillor T Harney (Appendices 2 and 6))

-  Councillor Denis Knowles (Appendix 3)

-  Councillor Susan Taylor (Appendix4)

-  Councillor James Keeley (Appendix 5)

-  Councillor Phil Davies (Appendix 7)

-  Councillor Adrian Jones (Appendix 8)

-  Councillor Ron Abbey (Appendix 9)

-  Councillor A Hodson (Appendix 10).

The Panel also considered:

-  a letter from Councillor Abbey dated 9 June, 2010 setting his comments on the Investigating Officer’s report.

-  the written statements provided by Councillors A Hodson, A Jones and J Keeley which were attached to the Investigating Officer’s report

The Panel also heard verbal evidence provided by Councillor Denis Knowles, the complainants, and Councillors S Taylor and T Harney.

At the conclusion of the evidence, the Chair asked members of the panel to confirm that they were satisfied that they had sufficient information to make a decision on this matter.

Findings of Fact

The panel considered 3 specific allegations that Councillor Knowles had:

 (i)  made a fist gesture;

(ii)  made a zipping of the mouth /cut throat gesture;

(iii)  mouthed verbal threats

The Panel decided by a majority vote (3:2) (Councillor Blakeley and Williams dissenting) that Councillor Knowles had failed to treat people with respect and had brought the Council into disrepute through his actions in making a fist gesture in a threatening manner in the direction of Councillor Abbey during a debate at the Council meeting on 13 July, 2009 

The Panel did not, however, accept that there was sufficient evidence, on the balance of probabilities, to prove that Councillor Knowles had made a cut throat gesture or mouthed threats, as had been alleged. The Panel did not find that Councillor Knowles was in breach of the Code of Conduct in relation to these specific actions.

Reasons for the Decision

The Panel concluded that Councillor Knowles had acknowledged both in his written statement and in mitigation that he may have been shaking his fist during his speech and may have reacted to the provocation that he received from some labour members.  The other allegations relating to the cut throat gesture and mouthing of threats across the council chamber could not be substantiated and there were contradictory statements regarding theses matters.

Sanctions Imposed

The Panel decided that Councillor Knowles should make verbal apology to all members of the council at the next meeting of the Council on 13 December 2010.

Reasons for the Sanctions

Councillor Knowles had accepted that he was at fault for waiving his fist at the Council meeting on 13 July 2009. He apologised to the Panel and gave an assurance that he would conduct himself more carefully at any future council or committee meetings.

Right to Appeal 

Councillor Knowles has been informed of his right to apply to the president of the Adjudication Panel for England for permission to appeal the decision of the Panel.