Managing Director Admits Councillor’s Error at Planning Meeting

Published on: 26 Apr, 2016
Updated on: 30 Apr, 2016

Cllr Moseley, at the April 6th meeting, issuing the erroneous instruction that it was prohibited for the public to record the meeting without prior permission.

The managing director of Guildford Borough Council (GBC) has admitted that the chairman of the Planning Committee, Cllr Marsha Moseley (Con, Ash Vale) issued incorrect instructions regarding the right of the public to record the meeting. Ms Sturgeon also refers to an audible comment made immediately after Cllr Moseley closed the meeting as “unfortunate”.

Horsley resident Nick Bomford, who attended the meeting, had written to the council an open letter published in The Guildford Dragon to complain about photos being taken of the public gallery by someone he took to be a council officer, contrary the the instructions given by Cllr Moseley.

But, managing director, Sue Sturgeon, explained in her reply that the person who had taken the photos was an agent of the applicant, Wisley Property Investments (WPI) and that the public are now legally allowed to make film, photographic or sound recordings of council meetings without prior permission.

Ms Sturgeon continues to repeat an earlier admission that she had ordered the removal of a section of the original webcast in which Cllr Moseley is heard to refer to the public gallery as a “bloody rabble”.

Before the edit occurred a recording of the webcast was captured and the relevant section posted on YouTube. It is understood that more than one official complaint has been made about Cllr Moseley’s remark.

The caption at the top of the YouTube clip is not a quote. Cllr Moseley actually said: “It’s like dealing with a bloody rabble isn’t it?”

The full text of the email sent by Ms Sturgeon to Mr Bomford follows:

Dear Mr Bomford

I refer to your email to Satish Mistry dated 22 April regarding events at the Planning Committee meeting on 6 April 2016. As you know, Mr Mistry is currently on leave so I am responding to you on his behalf.

You are quite correct with your statement that the Chairman of the Planning Committee, Councillor Marsha Moseley erroneously informed the meeting that “it is prohibited for members of the public to record the meeting without first having obtained permission.” By virtue of Section 40 of the Local Audit and Accountability Act 2014 and, specifically, The Openness of Local Government Bodies Regulations 2014, the public no longer require permission from the Council to film, photograph or make sound recordings of proceedings at meetings.

Councillor Moseley does not, of course, have any power to override these statutory provisions. We have spoken to Councillor Moseley and she now no longer includes the above statement in her opening remarks at the beginning of Planning Committee meetings.

I am not aware that any member of GBC staff used his mobile phone at the meeting to take several shots, panoramas or film, of the assembled members of the public. I am aware, however, that after the meeting a member of the public approached the Democratic Services Officer (John Armstrong) to complain that a member of the public was seen to be filming the meeting using his mobile phone, contrary to the statement made by the chairman at the beginning of the meeting that it was prohibited for members of the public to record the meeting without first having obtained permission. The person alleged to have carried out the filming was one of the applicant’s agents. Mr Armstrong explained that the statement made by the chairman was, in fact, incorrect as it was permissible to film a meeting in that way.

I can also confirm that none of the webcasts of meetings on our webcast library have been edited. I took the decision to ensure that the webcast of the Planning Committee meeting on 6 April ended at the point the chairman formally closed the meeting to ensure that the unfortunate remark made by her after she had closed the meeting was not shown.

Kind Regards

Sue Sturgeon

Managing Director

Cllr Moseley Moseley has declined to comment. Wisley Property Investments have been invited to comment.

Responses to Managing Director Admits Councillor’s Error at Planning Meeting

Jules Cranwell Reply

April 26, 2016 at 8:07 pm

Are we to have any explanation as to what WPI intends to do with these photos of members of the public?

What purpose are they intended to serve?

If I had been one of the “Bloody Rabble” present, I would be justifiably concerned.
Nick Bomford Reply

May 12, 2016 at 11:27 am

I’m not sure what to make of this: mountain or molehill – black & white or grey issue – all after one public meeting.

Transparency and openness should be the fundamental principle behind everything councils do. Sue Sturgeon [GBC managing director] “took the decision to ensure that the webcast…ended at the point the chairman formally closed the meeting to ensure that the unfortunate remark made by her after she had closed the meeting was not shown.”

The chairman’s [Cllr Marsha Moseley] remarks were spoken over the public address system at a public meeting, albeit after the pronouncement of closure. It’s a grey area, but doesn’t the act of cutting those remarks defeat the spirit and purpose of the Law, viz. to show elected representatives in their true colours? Would Ms Sturgeon call that avoidance or evasion? Either way, it exemplifies GBC’s interpretation of transparency, openness and principles.

She confirms that GBC should have been following Local Audit and Accountability Act 2014 regulations since August 2014, and appears to suggest that:
1.meetings since that date may have been ill-advised;
2.GBC has been non-compliant with the Law for over 18 months.

How come “the order paper…used was mistakenly not updated”? Isn’t there a legal advisor? Who is ultimately responsible for GBC compliance?

I don’t want to make a mountain out of a molehill, but don’t such deficiencies of transparency, openness and compliance indicate a lackadaisical, molluscan behaviour unbefitting a powerful Borough Council?

One wonders what else may lie beneath unturned stones?