Agenda item

Arrangements for dealing with complaints against Members

Minutes:

The Acting Senior Manager Legal and Committee Services introduced a report that informed the Committee that in 2014 the Council had adopted a Members’ Code of Conduct and a process for dealing with complaints made under that Code following the changes to the ethical standards regime introduced by the Localism Act 2011.

 

Since 2014 there had been experience of dealing with complaints which had highlighted areas for improvement and clarification in the arrangements for dealing with complaints made under the Members’ Code of Conduct. In particular, issues had been raised in relation to the timeliness with which complaints had been dealt with under the current protocol.

 

On 7 November 2018 the Committee had resolved that Officers should be requested to draw up a new bespoke Protocol which detailed arrangements for investigating and making decisions in relation to allegations made under the Members’ Code of Conduct.  Consequently, a draft revised Protocol was presented to the Committee on 31 January 2019 which resolved to convene a Working Group to consider the proposed draft in more detail.

 

This report sought authority to adopt the revised Protocol for investigating and making decisions in relation to allegations made under the Members’ Code of Conduct which had now been reviewed and revised taking account of the views expressed and proposals and suggestions put forward by Members at the Working Group meeting held on 12 February 2019.

 

Members noted that robust standards arrangements were required to safeguard local democracy, maintain high standards of conduct, and to protect ethical practice in local government. The proposed amendments would improve the clarity of the process and would provide the Committee and the Monitoring Officer with the opportunity of dealing with complaints in a timely manner in accordance with what was currently felt to be professional best practice.They would also provide clarity and transparency for the general public.

 

Appended to the report for Members’ information was an amended Protocol in respect of ‘Arrangements for Investigating and Making Decisions in relation to allegations made under the Members’ Code of Conduct’ and six appendices as follows:

 

·  Appendix 1 – Complaint Form

·  Appendix 2 – Standards Complaint Process Flowchart

·  Appendix 3 – Procedure for Investigation

·  Appendix 4 – Standards Panel Procedure

·  Appendix 5 – Standards Appeal Panel Procedure

·  Appendix 6 – The Assessment Panel’s Terms of Reference

 

Other options being considered were that the current protocol for dealing with complaints against Members remained unchanged or that the current protocol for dealing with complaints against Members was changed in some other way.

The Committee noted that adopting the revised Protocol document “Arrangements for investigating and making decisions in relation to allegations made under the members’ Code of Conduct” would streamline and clarify the process for dealing with allegations allowing for a faster resolution for suitable matters and reducing the risk of delay in the process.

 

The Acting Senior Manager Legal and Committee Services reported that the Working group had amended paragraph 2.2 of the revised Protocol to say that within five working days of receipt of a valid complaint a copy of it would be sent to the Member complained about, inviting their written comments within ten working days.  Also, paragraph 5.1 of the revised Protocol had been amended to say that the Monitoring Officer would complete his evaluation and assessment within ten working days after receipt of the valid complaint and it did say after receiving any clarification/information requested. However, she now of the view that this was a little confusing and sought Members’ agreement for that to be amended so that it was clear that the ten days was following the process in paragraph 2.2 because clearly until the Member had commented it was difficult to finalise the assessment and evaluation and it was important that Members had the opportunity to respond to complaints against them.

 

Members were then given the opportunity to ask questions and the Director of Governance and Assurance and the Acting Senior Manager Legal and Committee Services responded to them as appropriate. 

 

The Committee concluded that the revised Protocol was much clearer now and there was a proper timetable to be followed when complaints against Members were received. The Workshop had gone well and the Acting Senior Manager Legal and Committee Services was thanked for her hard work on revising the Protocol.

 

RESOLVED: That

 

That the Committee agrees:

 

(1)  subject to the amendments proposed by the Acting Senior Manager Legal and Committee Services above being included within the revised procedure for dealing with complaints made under the Members’ Code of Conduct in accordance with the revised Protocol document attached at Appendix A to the report be adopted; and

 

(2)  the revised Protocol be posted on the Council’s website.

Supporting documents: