Agenda item

The Monitoring Officer updated the Committee on complaints received regarding Members conduct under the Arrangements for dealing with complaints about the Code of Conduct for Members up to 31^st January 2020.

It was noted that in December 2019 and January 2020 there had been 7 complaints received by the Monitoring Officer covering 5 different Councillors.

In the first case the issue of confidentiality did not arise as the matter was in the public domain. Complaints were received regarding an alleged anti-Semitic Facebook post by a Councillor and also that the post was ‘liked’ by 3 other Councillors.

These complaints were considered in accordance with the ‘Arrangements for dealing with complaints about the Code of Conduct for Members’ as set out in the Council’s constitution. Under the ‘Arrangements’ the Monitoring Officer must make an initial assessment as regards whether the complaint merits investigation or another course of action and do so following consultation with the Independent person.

All four Councillors accepted the Monitoring Officers decision and confirmed their apologies be reported in public at the Standards Committee.

A complainant further sought an explanation why there was not an initial suspension and potential dismissal of the Councillor(s) however it was explained that the Council does not have legal powers to suspend or dismiss any Councillor. It was advised that the only sanctions available to the Council and Standards Committee – Hearing Panel in the event a matter was brought before them were those set out in Paragraph 13 of the `Arrangements for dealing with complaints about the Code of Conduct for members.

In this public case it became clear to the Monitoring Officer that there was an expectation from a number of interested parties including the media reporting this matter that the `Arrangements for dealing with complaints about the Code of Conduct for members`, included an option for suspension, pending investigation and/or later dismissal from office. Although the `Arrangements for dealing with complaints about the Code of Conduct for members does not and, cannot make such a provision.

It is suggested therefore from experience of this case that under the introduction to these Arrangements that the following could be added to make the position explicit at the outset for complainants, subject members, other Councillors and any other interested parties:

‘There are no powers in legislation and therefore under this complaints process for the suspension or dismissal of an Elected Councillor. In the event of a Councillor being found in breach of the Code of Conduct only the sanctions as set out in Paragraph 13 below apply’

The second case that the Monitoring Officer received involved a Tree Preservation Order and 3 separate complaints were lodged relating to 1 Councillor who was alleged to have misrepresented the matter.

The first complainant did not pursue their complaint. In respect of the remaining two complainants the Monitoring Officer reviewed the complaints and representations received with the Independent Person and it was concluded that, the allegation did disclose a potential breach of the Code of Conduct, but the complaint was not serious enough to merit any action.

In this case there was some concern about the role being undertaken by Councillors who may hold different positions (e.g. Parish Councillor and Borough Councillor), potential conflicts of interest and who they represent at any given time. Previously the Committee had considered the challenges presented by Councillors wearing `two hats` and the Monitoring Officer is proposing to present a report to a future meeting of the Committee to review current advice and updates as appropriate following experience from this case.

Up to 31st January 2020 there were no further complaints received under the Members Complaints Procedures.

RESOLVED –

-       That an update of the Arrangements for dealing with complaints about the Code of Conduct for Members be recommended to Full Council as set out in this report.

-       That a report on updated guidance on ‘two hatted’ Councillors be considered at a future meeting of the Standards Committee

-       That the report be noted