To receive any public questions, statements or petitions submitted in accordance with the Constitution, which is available to view at the following link:-
https://democracy.bcpcouncil.gov.uk/ieListMeetings.aspx?CommitteeID=151&Info=1&bcr=1
The deadline for the submission of public questions is midday on Wednesday 2 October 2024 [midday 3 clear working days before the meeting].
The deadline for the submission of a statement is midday on Monday 7 October 2024 [midday the working day before the meeting].
The deadline for the submission of a petition is Tuesday 24 September [10 working days before the meeting].
Minutes:
The Committee was advised of the receipt of four public questions from Mr Alex McKinstry. Mr McKinstry was present to ask his questions and the Chair provided the responses.
Agenda Item 9 – Code of Conduct Complaints Review
Question 1.
Apropos the code of conduct complaints review: correspondence relating to one complaint has been sent to me (as complainant) marked "Private and confidential". This complaint was being dealt with at the "informal resolution" stage, and was upheld in part. Can you explain why such correspondence is being marked "Private and confidential" in relation to upheld complaints, given that there is no requirement for this in the Constitution; given the obvious conflict with Nolan Principles (i.e. openness and accountability); and given the iniquities which this can give rise to (e.g. unsuitable appointments to committees, or the spectacle of councillors transgressing in public, but apologising in private - which seems inimical to natural justice)?
Response:
The ‘Private and Confidential’ marker was included on the decision letter template used for many years. This issue has not previously been highlighted, however, since Mr McKinstry first raised this in response to the decision letter sent to him, this marker has been removed from all subsequent decision letters.
Question 2.
Of the complaints received in the present municipal year, I see that six have been partially upheld at informal resolution stage. A number of these contain some very alarming allegations. Complaint 180, for instance, includes allegations of bullying, misuse of Council resources, compromising the impartiality of an officer, and intimidating someone involved in an investigation. Can we be told which allegations were upheld in this particular complaint; and when the code of conduct is reviewed - as promised in the Committee's work plan - could this Committee consider naming subject councillors where allegations are not only proved, but particularly egregious?
Response:
Thank you for your question and the suggestion to include within the review report details of which allegations were upheld would be useful and will be included in future releases of the report. In relation to complaint BCP-180, the subject councillor was found to have breached the following obligations of the Councillor Code of Conduct, namely:
1.1 To treat other councillors and members of the public with respect.
1.2 To treat local authority employees, employees and representatives of partner organisations and those volunteering for the local authority with respect and respect the role they play.
2.1 To not bully any person.
3.1 To not compromise, or attempt to compromise, the impartiality of anyone who works for, or on behalf of, the local authority.
8.3 To not intimidate or attempt to intimidate any person who is likely to be involved with the administration of any investigation or proceedings.
As detailed within the Committee’s work programme (agenda item 13) the Committee is seeking to review the Code of Conduct Complaints procedure and as part of this the issue as to whether or not details should be placed in the public domain will be considered.
Agenda item 14 – Consideration of reports into Complaints 160, 169 and 171
Question 1.
With regard to Complaints 160, 169 and 171, which date back 8-11 months: can we be told when the investigator was engaged in each of these complaints, and when the completed reports were received? Can we also be told how much the Council was charged for each report, and whether those sums were inclusive or exclusive of VAT? (VAT number for Weightmans LLP, if it helps at all = GB 974 82 57 69.)
Response:
The complaints referred to were referred for investigation during April 2024 following an initial review by the Chair, committee members and the independent persons. It was necessary to seek additional supporting information from some of the respective complainants. The final reports were received by the Monitoring Officer on 20 August 2024.
The total cost charged (exclusive of VAT) in respect of each complaint referred to is as follows:-
BCP-160 - £1,949.00
BCP-169 - £2,442.00
BCP-171 - £1,827.50
Total £6,218.50
Question 2.
Finally, once the Committee has considered Complaints 160, 169 and 171 this evening, almost certainly in exempt session, will the public be readmitted to the meeting and the livestream resumed, so that the Committee's findings might immediately be made public?
Response:
Yes, the Committee will return to public session to give its determination.