Issue - meetings

Code of Conduct Complaints - Review

Meeting: 08/10/2024 - Standards Committee (Item 9)

9 Code of Conduct Complaints - Review pdf icon PDF 227 KB

This report provides Members with an update on complaints regarding alleged breaches of the Code of Conduct against councillors received or concluded since the last report to the Committee in April 2024.

The Committee is responsible for maintaining high standards of conduct by Members of BCP Council and the Town and Parish Councils, monitoring the operation of the Code of Conduct, and considering the outcome of commissioned independent investigations.

The report also brings to the attention of Standards Committee, a number of complaints made under the Code of Conduct for Councillors as set out in Part 6 of the BCP Council Constitution. In line with the provisions of Part 6 Appendix C of the Constitution, the Chair, in consultation with the members of the Committee, the Independent Persons and the Monitoring Officer has followed an informal resolution process for each of these complaints. This has not resulted in the successful conclusion of the complaints. This report asks the Committee to consider the next steps including a potential report to Council about the role and status of Standards at BCP Council.

Minutes:

The Deputy Monitoring Officer presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'B' to these Minutes in the Minute Book.

 

The report provided an update on complaints regarding alleged breaches of the Code of Conduct against councillors received or concluded since the last report in April 2024. The report covered a longer period and therefore more complaints than usual, there being no meeting in July due to the pre-election period. As much as possible the report provided information about of the nature of the complaint, the assessment of the Monitoring Officer (where appropriate), the decision of the Chair (following consultation), any informal resolutions determined by Chair (where applicable), and the status of the complaint at the date of the report. It was noted that the reference to the date received reference did not always equate to the date the assessment process started as there was often a need to clarify or request further details first.

 

The Committee was asked to consider what action to take in respect of three unresolved complaints where subject councillors had not complied with the determination of the Chair following the informal resolution process. Details of each of these complaints were set out in the report together with the options available to members. With regard to Code of Conduct Complaints 170 and 176, where subject councillors had refused to comply with the sanction imposed, the Committee agreed that the course of action recommended, to present a report to full Council highlighting non-compliance was the most appropriate option in both cases. With regard to Code of Conduct Complaint 177, the Committee agreed with the recommendation to refer the matter back to the Chair, committee members and independent persons, to enable them to review the further correspondence received before reconsidering the options available.

The independent persons expressed their appreciation of the work of the Monitoring Officer and Deputy Monitoring Officer and endorsed the intention to name councillors who were non-compliant and include the costs involved.

 

RESOLVED that:

(a)    the outcome of concluded complaints and the progress of those still outstanding be noted;

(b)    the position of non-compliance be reported to full Council in relation to the unresolved Code of Conduct Complaints 170 and 176;

(c)    the unresolved Code of Conduct Complaint 177 be referred back to the Chair in consultation with Committee Members and Independent Persons for further consideration.

Voting: Unanimous