Issue - meetings

Report of the Deputy Chief Executive (Corporate Direction).

Council gave consideration to an amended procedure for dealing with Code of Conduct complaints, the amendments being officer title changes and the provision for the Monitoring Officer to informally resolve complaints in accordance with the legislation. Whilst not against the recommended changes, members went on to discuss the wider issues of the way in which the committee operated, which was set by statute, and the choice of some members not to be represented on the body. It was moved by Councillor Witherford, seconded by Councillor Bray and

RESOLVED – the revised procedure for dealing with complaints under the Code of Conduct be approved.

Report of the Monitoring Officer.

Following a request at the previous meeting, members were presented with a proposed revised procedure for dealing with Code of Conduct complaints. The Independent Person provided some comments regarding the process which did not affect the document presented but which he felt may assist in dealing with complaints. One of these comments referred to the second paragraph on page 7 of the agenda and the suggestion that, rather than providing the subject member with contact details of an Independent Person to contact them, the Monitoring Officer should facilitate a minuted meeting between the subject member and Independent Person.

Members discussed that restrictive nature of the current standards regime and the lack of options available for sanctioning members who are found to have breached the code of conduct or where previously ‘other action’ may have been taken.

A member requested that consideration be given to including in the documentation wording to prevent a member from sitting on the committee to consider a complaint that he or she was involved in or witness to in any way. It was agreed that this would be investigated and brought back to the next meeting if necessary.

With regard to paragraph 1.1 on page 9 of the agenda pack, it was requested that the final sentence be amended to include consultation with the Independent Person in making a decision on whether a complaint has been informally resolved.

It was requested that, on page 10 of the agenda, paragraphs 2.7 and 2.10 should include reference to both the complainant and subject member being notified of the outcome in writing.

Members requested that paragraph 4.14 on page 14 be reinstated unless there was a particular reason for it being removed. It was agreed that this would be clarified.

It was moved by Councillor Inman, seconded by Councillor Moore and unanimously

RESOLVED –

(i)            the procedure for dealing with code of conduct complaints be recommended to Council with the following amendments:

a.            Inclusion of consultation with the Independent Person in making a decision on informal resolution (paragraph 1.1);

b.            Inclusion in paragraphs 2.7 and 2.10 of reference to the complainant and subject member being notified of the outcome in writing;

c.            Reinstatement of paragraph 4.14 subject to confirmation that there is no specific reason for deletion.

(ii)           Consideration be given to preventing members who have an involvement in a complaint from sitting on the Committee during consideration thereof.