Issue - meetings

To receive a report from the Monitoring Officer on proposed changes to the Councillor Complaints Procedure.

The Committee received a report from Asmat Hussain, Monitoring Officer and Assistant Director of Legal and Governance seeking the views of the Committee as to whether a review of or any changes to the Councillor Complaints Process was needed.  (Report No: 121 in the To Follow Pack).

NOTED

1.               The current complaints procedure was due a refresh as it had not been reviewed since 2013. 

2.               Concern had recently been raised that there could be circumstances where a complaint raised issues that were felt to warrant further investigation even if a complaint had been withdrawn or resolved to the satisfaction of the complainant.  In these circumstances, under the current complaints procedure, the Monitoring Officer did not have any authority to carry out further investigation or to refer the matter to the Councillor Conduct Committee. 

3.               Not many complaints had been withdrawn in this way. 

4.               Christine Chamberlain, Independent Person, felt that there should be this provision so that where a complaint raised a bigger issue for the Council this could be looked at.

5.               It was felt that the Council should be able to have the power to sanction any inappropriate behaviour.

6.               Further investigation would only occur in circumstances where a complaint had been bought to the attention of the Monitoring Officer. 

7.               Members expressed regret that the committee no longer had enough  power to sanction poor behaviour. 

8.               The Council in general was governed by the laws on proportionality when setting up its committees.  The Councillor Conduct Committee did not conform to the proportionality rules as the proportionality rules had been dis-applied in this case to make it apolitical.    

9.               The Monitoring Officer would review the complaints procedure and report back to the next meeting of the Committee. 

10.           It was suggested that any comments, suggestions or views on the procedure should be emailed to the Monitoring Officer. 

AGREED

1.               To undertake a review of the procedure for complaints against councillors and co-opted persons. 

2.               To consider, as part of the review giving the Monitoring Officer in consultation with the independent persons the following authority: 

“Where a registered complaint is subsequently withdrawn or resolved outside the Procedure, the Monitoring Officer in consultation with Independent Persons(s) has the discretion to decide if the matter has been adequately and/or proportionately resolved or whether, given the substance of the original complaint, it should be escalated to the Committee for further consideration/resolution”.