A Burnham-On-Sea town councillor has been banned from the town council offices following “disrespectful” comments about a female member of staff.
Cllr Mike Murphy currently sits on Highbridge and Burnham Town Council, as well as representing the Burnham North division on the unitary Somerset Council.
As reported here, Mr Murphy appeared before Somerset Council’s standards hearing sub-committee in Bridgwater on May 2nd in order to answer allegations regarding to his conduct the previous June. Now, a Decision Notice has been published with more details.
He was found to have made several breaches of the town council’s code of conduct regarding conversations he had with the woman, which included about whether she could make her cleavage “sit like a balcony” to secure a council grant.
At a meeting of the full Town Council on Monday evening (May 15th), town councillors unanimously agreed to support the sanction recommendations received from Somerset Council’s standards hearing sub-committee.
Mr Murphy has been ordered to undergo training and will not be able to attend meetings or the council’s offices until he has done so.
Mayor Cllr Lesley Millard said at Monday’s meeting: “Our Code Of Conduct is a very important document that enables councillors and staff to work together in mutual respect. We have a duty of care to all our staff and must make it very clear that we do not condone any breaches of the code.”
Cllr Ganesh Gudka added during Monday’s meeting that Cllr Murphy had used language that was “inapproriate and unacceptable” and the Somerset Council recommendations are “appropriate and proportionate.” He added that a Lib Dem meeting is to be held to consider whether any party sanction should be applied to Cllr Murphy.
Cllr Sharon Perry added that the comments made by Cllr Murphy to a member of the council staff were “entirely inapproriate and disrespectful… there can be no tolerance for such behaviour or language in our workplace. Our member of staff has received support from colleagues, myself and the Mayor throughout this stressful time and it has taken a lot of courage to see this process through to its conclusion.”
Cllr Roger Keen added: “This council offers our full support to the member of staff and I ask that she be given any help that is deemed necessary.” And Cllr Peter Clayton told Monday’s meeting that he echoed the sentiments of other councillors and added: “For the record, the Conservative group found this appalling behaviour.”
Somerset Council’s Decision Notice stated that on June 23rd 2022, Mr Murphy had visited the Town Council offices – located in Jaycroft Road – and spoke to the complainant.
Mr Murphy was seeking to secure a grant from the town council for the Cultural Arts Development Society (CADS – of which he is a founder member), having failed to apply before the deadline of May 5th, 2022.
The complainant said that Mr Murphy asked whether he could have £1,500 from a separate council budget towards the Party in the Park event on July 3rd, 2022 – something she said would not be possible without the approval of town clerk Ron Spur.
She alleged that Mr Murphy then made “inappropriate comments” about her dress code, asking her to wear a low-cut top to persuade Mr Spur to provide him with the money.
She said in her written deposition: “He made a very inappropriate comment, asking me if I could wear a low-cut top and push my boobs up so they sit like a balcony, to then walk into the room and try to persuade the locum town clerk Ron Spur. He was very adamant this would work, and was very serious about me doing this for him to get the outcome he wanted.”
During the same day, the female employee managed to solve a software issue for Mr Murphy – which, she alleged, led him to remark: “You are fantastic, I’d like to give you a big cuddle but I’m sorry I can’t. You are my crush for the day and I could fall in love with you.”
She further alleged that Mr Murphy relayed to her a story about a time when he was in St Tropez, involving a woman standing next to him at a market stall wearing bikini bottoms, an open blouse and a “white bra with a fringe, which meant that her breasts were at his eye level.” She left the room after this conversation and mentioned the details to a colleague, who advised her to make a formal complaint against Mr Murphy.
She concluded: “I find Councillor Mike Murphy to be highly inappropriate and his comments unwelcome. He has violated my dignity and created an intimidating, degrading environment. This has been one of the most difficult times I’ve ever had to face within the workplace.”
Mr Murphy admitted to the Somerset Council standards hearing sub-committee the conversations regarding the CADS grant and that he had made reference to the woman’s cleavage. On the latter point, he said that he was “very conscious of the low-cut top she was wearing” and “did not want her to think that he was looking at her breasts.”
Mr Murphy also accepted that he had said he could “fall in love” with the complainant after she assisted him with his computer issue.
He claimed that the St Tropez conversation had taken place at an earlier training event in April 2022, and was intended to convey that she was “dressed inappropriately” for the situation.
However, he accepted that, regardless of the date, he had “got it wrong” and regretted this analogy, stating he “did not intend to offend or insult” the complainant or make her feel uncomfortable.
The sub-committee – chaired by Martock division member and fellow Liberal Democrat councillor John Bailey – found that Mr Murphy was guilty of all the allegations made against him, either in fact or on the balance of probability.
The Standards Committee decided Cllr Murphy had committed a breach of the local government Code of Conduct; and his behaviour towards the complainant was disrespectful, but did not amount to bullying.
The sub-committee recommended that Mr Murphy be “formally censured” by the town council and undergo training, including courses on “professional boundaries” and “interpersonal relationships”, within three months of its ruling.
The sub-committee also ordered Mr Murphy to formally apologise to the complainant in writing, and said he should be barred from entering the town council’s offices except for formal meetings and training.
He will also be removed from any town council committee, sub-committee or working party until he completes his training – something which Mr Bailey and his fellow sub-committee member was “reasonable and proportionate.”
Town councilllors have this week unanimously supported the recommendations for sanctions. The council’s Code of Conduct has been re-issued to all councillors so there could be no future ‘misunderstanding’ about obligations.
Cllr Murphy told Burnham-On-Sea.com: “Last year I commented to a member of staff on her dress standards which I thought were inappropriate. In doing so I used language which the Standards Board has ruled was disrespectful. I fully acknowledge that this was the case and deeply regret the hurt which was caused and will be making a formal apology to her.”
“I emphasise that the comments, though clumsy and disrespectful, were meant to be helpful, not malicious or threatening. I note the Standards Board recommendations and am happy to conform with them – and any further recommendations by the Town or Somerset Council, as I am a member of both.”
“I have served faithfully the people of Burnham and Highbridge over the last few years and have tried to do so empathetically. In this case there is no doubt that I made mistakes and that it will take time for me to regain people’s trust and confidence. I will do my best to achieve this.”
Elaine Dutton, the council staff member who made the complaint, adds: “Whilst I appreciate that the highest sanctions possible by The Town Council have been imposed on Cllr Murphy, I find it extremely disappointing that the ability for Town and Parish Councils to impose further sanctions is still not allowed and therefore the system does not support those who have endured inappropriate behaviour from a councillor.”
“I understand the political party will be considering their own sanctions following Cllr Murphy’s breach of the Code of Conduct and I hope they will show they do not condone such inappropriate and unacceptable behaviour by taking a firm approach.”
“I would like to say thank you to the town councillors, the public and especially my colleagues for their continued support throughout the process.”