Agenda item

To consider a report on the process for considering complaints received under the Councillor Code of Conduct and the establishment of an Assessment Sub-Committee.

The Head of Litigation & Corporate Law and Deputy Monitoring Officer introduced the report and advised the Committee that the current complaints process under the Councillor Code of Conduct was two-stage : the first stage, was delegated to the Council’s Monitoring Officer, to undertake initial assessment of the complaint and decide  whether an investigation would be appropriate. If an investigation was undertaken and found a potential breach of the Code, a Hearings Panel (a Sub-Committee) would be convened to determine the matter. Any determination of the Hearings Panel would be made in consultation with the Independent Person.

The Localism Act stipulated that councils adopt a Member Code of Conduct which complied with the Nolan Principles, and have in place Arrangements under which a breach of the code can be investigated. There was a likelihood of complaints being made regarding councillor conduct in the context of the circumstances which gave rise to the Grant Thornton Report in the Public Interest. As a result, the report recommended that an Assessment Sub-Committee be established in order to enable the Monitoring Officer to consult with Members when dealing with any such complaints. Any Member sitting on an Assessment Sub-Committee would be prohibited from sitting on a Hearing Sub-Committee to separate out responsibilities. Three Members would be appointed to the Sub-Committee on a politically balanced basis, and training would be provided by the Local Government Association (LGA).

In response to queries raised by the Committee the following was clarified:

-       It was common for Arrangements to provide for Monitoring Officers to have discretion to seek advice from an Assessment Sub-Committee in certain circumstances. It was not anticipated that this arrangement would have a wider remit than the complaints relating to the Grant Thornton Report in the Public Interest.

-       Best practice stipulated that the Independent Person be consulted in writing, in order to produce a clear audit trail.

-        LGA training would be provided to all Members of the Sub-Committees, including the Independent Persons.

-       That the Sub-Committee would likely only meet in the event of a complaint about a serious breach of the code of conduct, rather than for minor complaints.

-       Training would also be provided to those on the Hearing Panel, and the LGA would meet with officers after this meeting to discuss the content and timing of that training.

The Chair said that although the Recommendation 1.3 referred to nominating and agreeing the Assessment Sub-Committee membership at the meeting, more time was needed to discuss this, and so it was proposed that this be delegated to the Monitoring Officer in consultation with the Chair of the Committee to nominate members. The Committee agreed this proposal.

The Chair proposed that Recommendation 1.4 be amended to say that training would be provided to Members of the Hearing Panel, as well as the Assessment Panel. The Committee agreed this proposal.

The Committee RESOLVED to:

1.1 Note the contents of the report;

1.2 Agree to the establishment of an Assessment Sub-Committee for the purpose of supporting the Monitoring Officer’s consideration of complaints regarding the conduct of elected members which may be received against the Council’s Assessment Criteria for Member complaints

1.3 Agree that the Assessment Sub-Committee shall comprise three members of this

Committee to be nominated by the Committee on a proportional basis; This would be delegated to the Monitoring Officer in consultation with the Chair, and carried out after the meeting.

1.4 Agree that the Local Government Association be requested to provide training for the members sitting on the Assessment Sub-Committee and the Hearing Committee in this additional role;

1.5 Agree that the Independent Person be consulted on the complaint and their views referred to the Assessment Sub-Committee for consideration; and

1.6 TO RECOMMEND TO FULL COUNCIL that the Arrangements agreed by the Council under section 28(6) of the Localism Act and the terms of reference for the Ethics Committee, if necessary, be updated, for the avoidance of doubt, to reference the discretion of the Monitoring Officer to refer a complaint to an Assessment Sub-Committee of the Ethics Committee for Member’ views to assist the Monitoring Officer in discharging his/her duties in regard to the assessment of complaints received concerning elected and co-opted members.