AN INDEPENDENT investigator found council leader Mike Jones broke the authority’s code of conduct by referring to members of the public as ‘d***heads’, according to a draft report.

Cheshire West and Chester Council asked legal consultant Mike Dudfield to examine Cllr Jones’ conduct at a public meeting in Tattenhall on July 31.

A leaked copy of his confidential draft report concludes Cllr Jones’ ‘offensive language’ was in breach of the code because he ‘did not treat the persons present with respect’.

Cllr Jones, who accepts he used the expression, refused to participate in the inquiry, stating he was the victim of ‘a personalised and vexatious campaign’.

However, the council says a final report has yet to be produced and ‘until that process is completed the authority is unable to comment’.

The investigation followed a complaint by Tattenhall resident and former Sportsman’s Arms landlord Colin Oats who overheard the remark at a public meeting in The Barbour Institute.

The meeting was organised by Tattenhall Parish Council to discuss a Redrow planning application for 70 homes but the council’s views were given on a number of housing schemes.

The incident arose after ex-parish council chairman Tom Fell, founder of Cheshire Farm Ice Cream, asked if Cllr Jones agreed with the parish council’s comments but was advised the ward councillor was not present.

When Cllr Jones later appeared, the chairman said the question could now be raised at which point Mr Oats overheard the council leader say: ‘I am not talking to those d***heads’.

Mr Oats, who was angry at Cllr Jones’ attitude, informed the whole room what he had heard and made a complaint to the council’s monitoring officer Simon Goacher five days later.

When approached by the investigator, Cllr Jones responded: “As explained to Mr Goacher, the matter is closed and I will not be available for interview.”

Because Cllr Jones refused to cooperate, the investigator relied on a statement issued to the Chronicle by the council press office on his behalf.

The statement said Cllr Jones ‘regrets the expression’ which was used ‘in connection with two individuals’ but felt he was being dragged into a discussion about an undetermined planning application which would have been ‘highly inappropriate’.

The statement said the application in question had already led to ‘potentially defamatory allegations’ being removed from the council website.

Mr Dudfield said, contrary to the statement, Cllr Jones hit out before knowing what the question was about and noted there was no apology, adding: “I would have expected a member with Cllr Jones’ experience and position to have been able to handle any difficult questions that may have been raised without allowing himself to become inveigled in an inappropriate conversation regarding an undetermined planning application. However, he did not wait to see what the question was.”

Mr Dudfield said Cllr Jones could have helped matters if the statement had made clear the ‘d**kheads’ comment was not about questioner Mr Fell. “As it is, Mr Fell is left believing that he is one of the two,” added the investigator.

Mr Dudfield said there was ‘no evidence’ to back up Cllr Jones’ claim the complaint against him was part of a vexatious campaign.

He concluded: “I regard the term ‘d***heads’ as offensive especially when spoken by a ward councillor publicly regarding two or more members of the public present at the meeting.

“My finding is that there has been a failure to comply with the code of conduct of Cheshire West and Chester Council.”

Cheshire West and Chester Council spokesman Ian Callister said: “The council’s complaints investigation procedure is currently still active in this case and until that process is completed the authority is unable to comment.

“A final report has yet to be presented to the monitoring officer and therefore, as yet, there are no findings on which to base any decision.

“The leader of the council has already issued a public statement regretting his expression and does not wish to comment further.”