Issue - meetings

Review of Code of Conduct Arrangements STA22-001

Meeting: 31/03/2022 - Council (Item 7)

Review of Code of Conduct Arrangements STA22-001.

Additional documents:

Minutes:

Councillor Hughes, Vice-Chairman of the Standards and Audit Committee, introduced the recommendations of the Committee which had been drawn up following a review of the Council’s arrangements for dealing with allegations of misconduct by Councillors.  The new arrangements were seen as more supportive and efficient, the previous scheme having been considered confusing and slow.  It was noted that the Committee had proposed to allow complainants to have the opportunity to rebut any matters raised during hearings as part of the summing up arrangements, rather than this being allowed at the discretion of the Chairman.

RESOLVED

That  (i)    the arrangements for dealing with Allegations of Misconduct by Councillors under the Localism Act 2011 be adopted subject to the following amendment:

“Summing up

The Investigating Officer sums up the complaint.

The Complainant to have the opportunity to rebut any matters raised within the Panel to which they disagree.

The Subject Member or their representative sums up their case.”;

          (ii)   the Standards Hearing Sub-Committee shall be renamed the Standards Panel; and

          (iii) the Council’s constitution be updated to include the arrangements.


Meeting: 03/03/2022 - Audit and Governance Committee (Item 5)

5 Review of Code of Conduct Arrangements STA22-001 pdf icon PDF 68 KB

Reporting Person – Joanne McIntosh

Additional documents:

Minutes:

The Committee received a report which set out the recommendations arising from a review of the Council’s arrangements for dealing with allegations of misconduct by Councillors.  The review had been undertaken by the Monitoring Officer in consultation with Members, the Chairman of Standards and Audit Committee and Independent Person to establish whether the procedures were fit for purpose and effective.

The outcome of the review was welcomed as a more supportive and timely process, noting that the previous scheme had been found to be confusing and slow.  In considering the details of the proposals, Councillor Hughes moved and Councillor Roberts seconded an amendment to the Summing Up process to allow complainants to have the opportunity to rebut any matters raised within the Panel to which they disagreed as a right, rather than at the discretion of the Chairman of the Standards Panel.  On being put to a vote, all Members present supported the amendment which therefore formed part of the substantive recommendations before the Committee.

Councillor Hughes reported on three points received from Claire Storey, Chairman of the Committee, who had been unable to attend the meeting.  The points were:

o      In respect of the structure and make-up of the Standards Panel, consideration be given to enabling the membership to come from a wider pool of individuals.

o      Political balance of the Standards Panel to be maintained.

o      Consideration should be given to the appointment of a second Independent Person

It was noted that the points had been discussed with Officers prior to the meeting and that it was intended to bring a separate paper forward to a future meeting to address the three points.

The recommendations for Council before the Committee, subject to the agreed amendment, were supported.

RECOMMENDED to Council

That  (i)    the arrangements for dealing with Allegations of Misconduct by Councillors under the Localism Act 2011 be adopted subject to the following amendment:

“Summing up

The Investigating Officer sums up the complaint.

The Complainant to have the opportunity to rebut any matters raised within the Panel to which they disagree.

The Subject Member or their representative sums up their case.”;

          (ii)   the Standards Hearing Sub-Committee shall be renamed the Standards Panel; and

          (iii) the Council’s constitution be updated to include the arrangements.