By Carmelo Garcia – Local Democracy Reporter
A councillor who “bullied” and caused “dread” in planning officers at a Gloucestershire council has been banned from all committees for three years.
Councillor Philip Burford, former leader of the Independent group at the Forest of Dean District Council, has been formally censured for his behaviour.
The council heard last night (December 11) how there were 496 pages of evidence from 11 witnesses to the three serious complaints against the Hartpury and Redmarley councillor.
Planning officers endured open and extensive criticism over a sustained period of time from Cllr Burford, according to the standards panel report considered by councillors.
This criticism first took place between 2015 and 2020 during his first tenure as chairman of the planning committee but the criticism became more acute when he was re-appointed to the position in May 2022 until the elections in May 2023.
He undermined the planning team by making repeated references to senior officers when he did not like the outcome of a decision, according to the report. And he showed disrespect to a complainant and the nature of his criticism was inappropriate.
Cllr Burford was confused over what his rights and duties were as planning committee chairman and was keen to ensure high performance of the planning team, the report reads.
But this confusion and an expressed belief that he “knew best” led to an endemic tension between the planning team and Cllr Burford resulting in dread by officers of attending planning committee meetings, according to the findings of fact included in the report.
Cllr Burford was also found in breach of the code of conduct for failing to declare an interest and failing to act in accordance with the public trust placed in him.
And for using his position to exert influence on an officer or attempt to undermine their impartiality in a planning enforcement case.
The panel had recommended at last night’s full meeting that Cllr Burford be issued with a formal censure and that he be unable to be a chairman or vicechairman of any committee and that the findings of the report be published by the council.
But Councillor Julia Gooch (Progressive Independents, Newent and Taynton) succesfully proposed strengthening the panel’s recommendation to ban Cllr Burford from all committees, outside bodies, working groups and task groups for three years.
“The sanctions recommended by the standards panel are serious, proportionate and well reasoned,” she said.
“However, given both the duration of the behaviour and its demonstrated impact on officers’ working environment, I’m concerned the recommended measures alone may not sufficiently protect staff from further inappropriate conduct.”
She said officers of the council are entitled to work in a safe and impartial environment.
“When a member’s behaviour is shown over many years to undermine that environment, we have a responsibility to not only acknowledge the findings but put in place meaningful safeguards,” she added.
“These formal findings relate to repeated instances of disrespect, misuse of position and behaviour that has compromised the impartiality of officers,” she said.
“This has not been a matter of isolated lapses but a sustained pattern of behaviour falling short of the expectations placed on elected members.”
This was seconded by former council leader Tim Gwilliam (Progressive Independents, Berry Hill) who said his one regret at the helm was not speaking up earlier about the behaviour officers were having to endure.
“Eventually, I got the chance to speak up,” he said. “And I’m glad I did that, and had the opportunity.
“The truth is, if you were in the last or previous councils, you will, on reflection, have witnessed the behaviour that is recorded in these documents.
“Councillors bullying officers is a serious issue in local government, involving abuse of behaviour, intimidation, disrespect, often through emails and meetings.
“I’m therefore content to link the word bullying to this case.
“It’s not correcting, it’s not admonishing, it’s not advising, it’s not even directing. It’s out and out bullying.
“To the extent that in some cases you can’t be told about the individuals or the effect the bullying had on those individuals and reports have been heavily redacted. That alone will tell you all you need to know about the gravity of this case.
“We are the Forest of Dean District Council. We have a blessed history of skilled and committed officers.
“We need to show them that we have their back. We need to show them that, no matter what it might mean for us individually, they can come to work and be safe and not bullied.”
Councillor Richard Burton (G, Newnham) said he was concerned Cllr Burford was still a councillor and welcomed Cllr Gooch’s proposal.
He said he was slightly concerned the sanctions could be viewed as punishment and asked if they were legal.
“I appreciate they are there to protect our staff,” he said.
Officers confirmed that the sanctions are constitutionally sound.
Councillor Jonathan Beeston (C, Newent and Taynton) picked up on the word “bullying” and said he would like to change that to “narcissism”.
While Cllr Jamie Elsmore (Progressive Independents, Berry Hill) said Cllr Burford’s response to the panel’s conclusion showed no remorse and he asked what measures are in place to safeguard and protect staff.
“There was no remorse, no regret, no apology and total lack of empathy towards all concerned,” he said.
“We seem to forget about the victims and those affected by the actions of this member.
“They are quite damning. Yes, our decision would be a lot easier if the victims had the opportunity or called to share with you how they felt.
“But you can understand exactly. If you read the full report, bullying is a safe conclusion to what we are discussing this evening.
“I’m going to support this amendment because one day you are going to look that person in the eye and you can say that you’ve done right by those individuals.
“If we don’t have this amendment, we’ve got three years left, and my concern is there is a serious safeguarding issue.
“We have a responsibility to protect our officers and those affected.”
Questions were also asked if training was considered however the meeting heard how it was a behavioural issue.
Cllr Gillian Kilmurray (C, Dymock) said: “If we are saying it is an inherent behaviour issue, why has there been no consideration of the suitability of the person of being a councillor.”
Chief executive Nigel Brinn explained the council did not have any power to suspend or disqualify Cllr Burford or to withhold allowances.
The council voted to approve the sanctions by 33 votes in favour with two abstentions and one against.
Cllr Burford will be issued with a formal censure and be excluded from participating in all committees, working groups and task groups for three years.
He will also be excluded from appointments to outside bodies where he represents the District Council for the same duration.
Cllr Burford has been approached for comment.