Issue - meetings

Members Code of Conduct Protocol for Complaints

Meeting: 04/04/2019 - Council (Item 7)

Members' Code of Conduct - Protocol for Complaints Submitted by Members. STA19-001

Additional documents:

Minutes:

The Council had before it the recommendations of the Standards and Audit Committee for the adoption of a protocol that provided for Members’ complaints against other Members to be confidential to the Members concerned and limited the number of persons who received notification under the Council’s arrangements for dealing with standards allegations under the Localism Act.  It was noted that the draft protocol had been the subject of a consultation with all the Councillors, the Independent Co-Opted Member and the Independent Person.

In accordance with Standing Order 10.8, the names of Members voting for and against the recommendations were recorded.

In favour:                                Councillors H Addison, S Ashall, A Azad, A-M Barker, D Bittleston, A C L Bowes, G Chrystie, G Cundy, K Davis, I Eastwood, D Harlow, K Howard, D Hughes, Mrs B Hunwicks, S Hussain, I Johnson, C Kemp, N Martin, R Mohammed, L Morales, C Rana and M Whitehand.

Total in favour:                       22

Against:                                  Councillors J Bond, A Boote and M Bridgeman.

Total against:                         3

Present not voting:                 Councillors M Ali, T Aziz and M I Raja

Total present not voting:        3

The recommendations were therefore carried by 22 votes in favour to 3 votes against.

RESOLVED

That  (i)    the draft Protocol appended to the report be adopted; and

          (ii)   the adopted Protocol be subject to Paragraph 2.6 of the Members’ Code of Conduct.


Meeting: 07/03/2019 - Audit and Governance Committee (Item 5)

5 Members' Code of Conduct - Protocol for Complaints Submitted by Members STA19-001 pdf icon PDF 58 KB

Reporting Person – Peter Bryant

Additional documents:

Minutes:

Peter Bryant, Head of Democratic and Legal Services, introduced the report which recommended that the Council adopt a Protocol that provided for Members complaints against other Members to be confidential to the Members concerned and the limited number of persons who received notification under the Council’s arrangements for dealing with Standards allegations under the Localism Act 2011.  The Protocol had been raised at the meeting of the Committee on 20 September 2018, following which consultation had taken place with the Councillors, the Independent Co-Opted Member / Chairman of the Standards and Audit Committee and the Independent Person. 

 

It was noted that the Protocol only covered Members complaints and the wider area of Social Media Policy would be subject to a report to the Executive during the year ahead.  In the event that a Member breached the Protocol by speaking with the press or commenting on social media, a provision could be included in the Social Media Policy to ensure that any breaches of the Protocol were subject to the Members Code of Conduct.

 

Following questions, it was clarified that when a complaint was received the relevant Group Leader was advised, along with the Chairman of the Standards and Audit Committee and the Chief Executive.  In addition, all Group Leaders were advised that a complaint was being considered for investigation by the Monitoring Officer.

 

Councillor Bond expressed concern that the Policy would limit Councillors in their work and prevent openness in the Council, and would not apply to members of the public.  Peter Bryant stated that a higher standard of behaviour would be expected from Members of the Council and there had been occasion where details of a Members complaint had been available in the press before having been submitted to the Monitoring Officer, which necessitated the need for the Protocol. 

 

The recommendations in the report were put to a vote, which was carried by three votes in favour to one vote against.

RECOMMENDED TO COUNCIL That

 

(i)      the draft Protocol appended to the report be adopted; and

 

(ii)     the adopted Protocol be subject to Paragraph 2.6 of the Members’ Code of Conduct.