Agenda item

The Interim Council Solicitor Janet Witkowski, will report at the meeting. Report and appendices are attached.

Janet Witkowski, Interim Council Solicitor and Monitoring Officer presented a report providing details of the procedure for establishing two standards hearings panels.  By way of context the Interim Council Solicitor and Monitoring Officer informed Elected Members that the role of the Council’s Standards Committee includes promoting and maintaining high standards of conduct by Councillors as well as monitoring the operation of the Members Code of Conduct. The Committee can determine how to deal with

complaints against elected members, investigation reports compiled on behalf of the Monitoring Officer and establish hearing panels where necessary.

The Interim Council Solicitor and Monitoring Officer’s report requested that the Committee approve, in line with the Council’s Arrangements for dealing with complaints that Council members have breached the Code, the arrangement of two hearing panels and delegate authority to receive the investigation reports, determine if the elected members concerned have breached the Code of Conduct and if having found breaches, permits it to take a decision as to how the members are dealt with.

In considering the report the following comments/issues were raised:

The interim Council Solicitor and Monitoring Officer reported that the procedural arrangements were agreed unanimously at Council in 2012.  Cllr Whitby suggested that following the proposed Hearings, Elected Members involved provide feedback to the Standards Committee as to whether the process is fit for purpose.

Members discussed the role of the Independent Person.  The Interim Monitoring Officer reported that following a thorough recruitment process in 2016 the Council were only able to recruit to one Independent Person, the recruitment process is due to commence again in February 2021. The Council where appropriate will approach a neighbouring authority and use their Independent Person. 

Members discussed the process. The Interim Council Solicitor and Monitoring Officer  reported that the initial assessment of a complaint is undertaken with the Monitoring Officer and the Independent Person and that if an investigation is required that a person outside the authority will be instructed and in doing so, produce a report.  The make up of the hearings panel is politically balanced  and the Monitoring Officer will  ensure that the Panel is fair and the proposed Chair is briefed in advance of the meeting.  The Hearings Panel will receive the Investigators report, can also receive representations from the complainant and subject member and witnesses may attend.  The Hearings must adhere to principles of natural justice and any sanctions must be lawful.

It was agreed, that

1. The report be noted

2. Approve the setting up of two sub-committees by way of hearings panels in

line with the Council’s Arrangements for dealing with complaints attached at

Appendix 1

3. Approve the attached Hearings Procedure at Appendix 2 as the process to be

followed by the said panels

4. Delegate to the said panels power to determine whether the elected members

in question have breached the Member Code of Conduct

5. Delegate to the said panels the power to determine how the elected member

is dealt with, such actions to include;

i. Publish its findings in respect of the Subject Member’s conduct;

ii. Recommend to Council that the Member be censured;

iii. Recommend to the Subject Member's group leader (or in the case

of ungrouped members recommend to Council) that he/she be

removed from any or all committees or sub committees of the Council;

iv. Recommend to the Leader of the Council that the Subject Member be removed from the Executive, or removed from their portfolio responsibilities;

v. Instruct the Monitoring Officer to arrange training for the Member;

vi. Recommend to Council that the Subject Member be removed

from all outside appointments to which they have been appointed or nominated by the Council;

vii. Withdraw facilities provided to the Subject Member by the Council

such as a computer, website and/or e-mail and internet access;

or

viii. Place such restrictions on the Subject Member's access to staff,

buildings or parts of buildings which may be reasonable in the circumstances