Combined authority mayor found to have breached code of conduct

The mayor of the Cambridgeshire & Peterborough Combined Authority, Dr Nik Johnson, has apologised "unreservedly" after being sanctioned for breaching the Code of Conduct for Disrepute and Civility.

In an audit and governance sub-committee meeting on Tuesday (14 November), the mayor was found to have breached Schedule 12A Paragraph 1 and 2 of the LGA 1972, which concern information relating to an individual and information which is likely to reveal the identity of an individual.

The mayor received three complaints against him between October 2021 and May 2022.

Two complainants alleged that there was a toxic culture and bullying behaviour within the authority, specifically that the mayor was intent on ousting a senior officer and that other officers should ignore them.

The third complainant alleged the mayor failed to respect the role of officers and officer decision-making and that he disclosed information to a journalist to undermine the reputation of officers.

A report prepared for the sub-committee meeting revealed that Mark Heath, who is a consultant with VWV and was Solicitor to the Council and Monitoring Officer for 20 years at Southampton City Council, carried out an independent investigation into the allegations.

He found that there was no evidence to suggest the mayor personally supplied information to the journalist and that the mayor did not breach the code in regard to bullying.

However, the investigator concluded that the mayor breached the code concerning civility and disrepute.

His civility finding revolved around the mayor's relationship with an ex-employee who was involved in "much" of the bullying and toxic culture allegations.

The mayor told the investigator that he did not witness any inappropriate behaviour on an ex-employee's part, but the investigator found this "implausible".

The investigator concluded that the mayor must have known about the person's conduct.

As a result, those involved at the time were "entitled" to conclude the mayor was aware and potentially supportive of the behaviour, the report said.

The investigator also found that the mayor brought the council into disrepute for WhatsApp conversations he had with an ex-employee regarding human resources activity and outcome.

According to the report, the conversation mainly involved the ex-employee sharing updates and their views regarding the process. However, the mayor was aware such discussions were inappropriate, and he should have intervened to end such discussions, the investigator said.

In the independent investigator's view, the failure of the mayor to intervene or call out the bad behaviour showed a lack of respect and leadership that was essential to his office and, as a result, damaged the reputation of the role of mayor.

The failure to intervene also amounted to him condoning such behaviour, the report added.

In an oral apology that was made publicly at the end of a sub committee meeting to discuss the report, Mayor Johnson said: "I have had a lot of time to reflect on what happened in those early days and have long since realised that much of it needn't have.

"I regret having been the cause of upset and apologise unreservedly to those whom I gave reason to complain. I am sorry, and I have actually wanted to say so for ages. I wish I knew then what I know now."

He added: "I wish the organisation we were a part of then was the one it is now as it is so much better in every conceivable way. I say that because I genuinely believe all of these improvements began back then, and I can only hope that the very real, very public progress made since provides something in the way of solace."

The sub-committee called on the mayor to make a written apology and for him to consult with the monitoring officer about the appropriateness of providing a written apology directly to one or more of the complainants.

It also asked the mayor for an undertaking not to repeat the behaviour and agree appropriate training with the chief executive officer, which should include HR practice when acting in a senior member role.

The sub-committee made two recommendations, starting with a request that the combined authority review and improve the induction process for new mayors taking office.

Secondly, it called for the audit and governance committee to review the constitution in regard to the lessons learnt from the panel's process and to provide recommendations to the combined authority's board.

The mayor has since apologised to two complainants and provided a written apology.

The finding comes after almost two years of turbulent circumstances at the combined authority.

In May 2022, a group of board members threatened to seek Government help unless Mayor Johnson stepped down, but a last-minute amendment saved the mayor from a motion demanding his resignation.

In June 2022, the combined authority sought help from the Department for Levelling Up, Housing and Communities to address "significant" weaknesses in the authority's governance arrangements.

This came in response to a Grant Thornton report that found "insufficient capacity, capability and an inappropriate culture to support the effective governance and operation of the organisation and how it discharges its statutory services".

Despite efforts, the Government issued a Best Value Notice for the combined authority in January 2023 as ministers remained concerned about the combined authority's ability to comply with its Best Value Duty.

Mayor Johnson also had to undergo heart surgery last year, which saw him take medical leave.

During the committee meeting on Tuesday, he said he was "in no doubt" that being a newcomer combined with inheriting "an organisation that I saw as being in desperate need of life support" were substantial contributors to his poor health.

Adam Carey