STRONG sanctions have been taken against two Ledbury town councillors after complaints that they had bullied, intimidated and harassed staff were upheld, following an investigation by fellow councillors.

The complaints were brought by town clerk, Karen Mitchell and Deputy Clerk, Maria Bradman against Cllr Liz Harvey and Cllr Andrew Harrison.

Cllrs Harvey and Harrison have challenged the legality of the outcome, saying that it was the duty of Herefordshire Council to investigate, and not the town council.

After the meeting Cllr Harvey said she had consulted a barrister who was an expert in Local Government Law,  and that it was "illegal" for a parish council to judge her conduct as a councillor, because it was the monitoring officer of Herefordshire Council  "who is statutorily responsible for the oversight of councillor conduct".

Cllr Harvey said the town council should have waited for the outcome of the monitoring officer's own independent investigations: an outcome which is still awaited.

Cllr Harrison said: "Councillors, led by the Mayor Annette Crowe, have ruthlessly pursued this grievance process in the face of compelling legal advice which says that their actions are illegal and unconstitutional."

But Ledbury's mayor, Cllr Annette Crowe, also speaking after the meeting said it had not been a code of conduct matter, which would have been Herefordshire Council's responsibility, but a Duty of Care Matter under the Health and Safety At Work Act, 1974, which states: "Employers are under a duty to ensure, so far as reasonably practical, the health, safety and welfare at work of all their employees."

The monitoring officer of Herefordshire Council had indeed advised caution in  a letter to the town council, in following its own procedures.

But Cllr Crowe said the town council had consulted with two solicitors, including a specialist in employment law, before pressing ahead with the grievance process. 

Cllr Crowe, who was mayor of Ledbury at the time of the grievance procedure hearings added: "I am upset by some of the people who attended last Thursday's meeting  who, purely based on the biased information supplied to them, decided that it is acceptable for staff to be bullied in the workplace.

"After a six month long investigation by councillors old and new into the complaints, and thoroughly inspecting evidence supplied by the people who work at the council, it  was decided that bullying had taken place."

The claims of bullying were refuted by Cllr Harrison at the meeting, who said:

"The accusations made against me are a slur on my reputation and I will consider what action to take in due course.

"I ask all decent-minded people in this town, and beyond, to reserve judgement on these matters, until the independent inquiry has reported its findings."

An emotional Mrs Bradman offered to reveal the file of evidence, but this was over-ruled from the chair.

After the meeting, Cllr Harvey said: "The allegations of bullying, intimidation and harassment made by staff are without foundation – and I refute them absolutely. All I have done is to make constructive efforts to encourage professionalism and integrity throughout the town council. I have an overwhelming mandate to modernise and improve– a mandate given to me, and to my reforming councillor colleagues, by the people of this town only a year ago. I will not be diverted from this work – it is long overdue and the need is great."

The sanctions, which prevent the two town councillors involved from serving on any Ledbury Town Council committee, sub-committee, panel, working group or steering group, came into force following the annual town council meeting of May 12 and will remain in place for at least one year.

The outcome of the investigations was revealed at the annual meeting of Ledbury Town Council, held in the Community Hall, on Thursday May 12.

The Ledbury Town Grievance Panel upheld the complaints of the town clerk and deputy clerk at a meeting on March 21, and this decision was upheld at an appeal meeting of April 19.

The sanctions were agreed at an extraordinary town council meeting of Thursday, May 5, "to thereby help prevent the on-going bullying, intimidation and harassment of staff".

The Ledbury Reporter understands that under the sanctions, Cllrs Harvey and Harrison will still be able to attend and vote at full town council meetings.

But under the sanctions, Cllrs Harrison and Harvey will not be able to represent the town council on any outside body and all communications between the two councillors and the clerk and deputy clerk must go through the mayor or the deputy major.

The decision concerning the sanctions will be notified to both Herefordshire Council and "all bodies affiliated to Ledbury Town Council".

The sanctions will remain in place until the next annual meeting of Ledbury Town Council, in May 2017, "when the matter may be reviewed".