A CONTROVERSIAL and often outspoken councillor, Phil Heath is used to fighting battles. However, he now faces one of the biggest fights of his political life as he bids to become the next mayor of Basingstoke and Deane.

On Thursday, councillors are due to decide whether to promote Councillor Phil Heath, but an explosive email from Conservative group leader Cllr Mark Ruffell has now cast serious doubts on whether the deputy mayor – who is facing an investigation into whether he has breached the councillors’ code of conduct – will get the top post.

It would be the first time in the history of Basingstoke that the deputy mayor has not gone on to become mayor for any reason other than health problems.

Some councillors are now warning that going against the constitution – which states “in Basingstoke, the mayor is chosen on seniority” – would inject subjectivity, and politicise, a role that has a tradition of impartiality.

Cllr Heath, who was expelled from the Conservative Party and has said he believes there is a conspiracy to stop him becoming mayor, still hopes that he will win enough support at the full council meeting on Thursday to go on to become the 369th mayor of Basingstoke in May.

As exclusively revealed in The Gazette, four complaints have been made against Cllr Heath, all of them alleging he failed to treat others with respect, and three alleging he conducted himself in a manner which could reasonably be regarded as bringing his office or authority into disrepute. It could be six months before the complaints – two from council officers and two from Conservative councillors – are heard.

The council selected Cllr Heath as deputy mayor last year despite him being expelled from the Conservative Party in 2008 following an alleged dispute with a party worker and the council’s standards committee rapping him on the knuckles for failing to treat other people with respect.

The constitutional can of worms was opened on Friday when Cllr Ruffell emailed the current mayor, Cllr Brian Gurden, saying: “In light of recent press coverage, it would seem unlikely that the current nominee for mayor for the municipal year 2010-2011 will receive unanimous support from full council.

“Can you inform all members of council what arrangements would be put in place for the nomination of another member should the current nominee receive insufficient support?”

Cllr Ruffell told The Gazette his group’s members would have a free vote on the mayoral nomination, but added: “I’m unlikely to support his candidacy. The recent press coverage calls into question the character of the nominee.”

Cllr Heath said he was “gutted” by the email and added it had left his wife Cllr Christine Heath, a fellow Basingstoke First Community Party councillor, in tears.

Referring to the code of conduct allegations, the 53-year-old former Conservative group leader, who has represented Hatch Warren and Beggarwood at the borough council since 1992, said: “I assume Mark Ruffell assumes I am guilty.

“Quite honestly, the only people who can save the situation of the mayoralty are the people of Basingstoke, and I have more trust in them than I do in any members of the Conservatives at the moment.”

Cllr Heath believes some members of his former party had been plotting to stop him becoming mayor even before he criticised the council over its response to the recent snowfall – criticism which prompted a standards complaint against him from borough council chief executive Tony Curtis and Conservative borough councillor Stephen Reid.

In his response to Cllr Ruffell, Cllr Brian Gurden, who will chair Thursday’s full council meeting, said the decision of whether to approve Cllr Heath’s nomination as mayor would be dealt with “by acclaim or be a simple vote”.

The mayor added: “I intend to handle it as above and to avoid debate which may stray into standards issues.”

Cllr Heath said: “I can’t believe that anything of this magnitude could be dealt with just by a straight vote or without any information. I just think it’s wrong. Democratically it’s wrong.”

Cllr Gurden told The Gazette the position might change by Thursday, but added: “I’m there to facilitate members to come to a decision, not to steer them to a decision, within the constitution and subject to any legal considerations that might be required.”

The first chance to elect Cllr Heath as mayor in December was rejected by councillors because his nomination form did not receive enough support until three hours after the deadline for it to be received for that meeting.

At the time, Cllr Gurden told the council he confidently expected Cllr Heath’s nomination to be approved in February.

Asked on Friday whether he would support Cllr Heath’s nomination, Cllr Gurden said: “I’m the chairman and mayor. It’s not appropriate for me to say.”

If Cllr Heath is not elected mayor on Thursday, the current plan is to hold an extraordinary meeting of the full council on, or about, March 1, and that nominations are submitted on the normal seniority principle.

In that case, the most likely candidate for mayor would be Conservative councillor Keith Chapman. Cllr Chapman has been ward member for Pamber since 1979, and as next in seniority to Cllr Heath, is due to become deputy mayor in May.

The only deputy mayor not to become mayor was Jack Jack, who withdrew his nomination in December 1996 because his doctor had told him he was “not medically fit enough”.

What opposition councillors say:

THERE is concern among leading opposition councillors about any attempt to move away from the principle of selecting a mayor on the basis of seniority.

While many of them have clashed with Cllr Phil Heath, there is a belief among them that it would become difficult to know where to draw the line on suitability if he is not elected – and there are concerns it would open the mayoralty up to becoming a popularity contest or would politicise the process.

Independent forum co-ordinator Cllr Martin Biermann said: “We think, on balance, it’s important not to interfere with the existing system. Once you accept it doesn’t need to be the most senior councillor, it’s open to political interference any time.”

Cllr Biermann, who said that Cllr Heath has a habit of “shooting perhaps too often from the lip”, said he would still support his nomination, saying: “It is the process I want to support.”

Liberal Democrat group leader Cllr John Shaw expressed surprise at Cllr Ruffell’s email, saying Cllr Heath had his nomination and that would normally be agreed by assent. He said: “He would have my assent.”

He said his personal view is that he strongly supports the principle of the most senior councillor becoming mayor, adding: “It takes the mayoralty out of the party political agenda.”

Labour group leader Cllr Laura James said she is also “supporting the nomination for mayor”.

She said: “The mayor and those advising him seem to be intent on changing the accepted and traditional arrangements. Such arrangements allow for choosing a mayor, not electing a mayor.

“The current administration appears to be intent on moving to a system which allows for council to subjectively assess the personal merits of an individual councillor. This is wrong and creates a dangerous precedent for the future.”