Agenda item

To receive a report setting out some suggested changes to the Procedure for dealing with Complaints against Councillors and Co-opted Members. 

Members are asked to consider the proposals and to agree whether to recommend any changes in the procedure to Council. 

The Committee received a revised copy of the Procedure for Handling Complaints against Councillors and Co-Opted Members, including a complaint form, appeal form template and a flowchart explaining the process. 

3.1    Revised Procedure

John Austin presented the revised procedure to members of the Committee, highlighting the following. 

·       The changes discussed at the last meeting have been included in the revised copy of the procedure.

·       Guidance is needed from the Committee as to whether or not Council should allow an appeal against a decision of the Councillor Conduct Committee.  Two options have been presented in the report: the current option where there is a right of appeal to a specially formed committee; and a second option which gives no right of appeal against a decision of the Councillor Conduct Committee. 

·       The Committee also needs to consider whether the Councillor complained against should also have a right of appeal against any decision taken. 

·       At the next meeting the Committee will be asked to consider a protocol for the relationship between the Independent Person and the Monitoring Officer and a revised procedure for hearing complaints. 

3.2           Questions/Comments

3.2.1     Asmat Hussain explained that one of the main purposes of the legislation around standards in Localism Act 2011 had been to stream line processes.  Other authorities had decided that there would be no right of appeal against any decision on a complaint against a councillor.  If a complainant feels that a complaint has not been properly dealt with, they do have the option of going to the Local Government Ombudsman. 

3.2.2     Members considered the issue of the right to appeal.  After discussion, it was agreed that they felt that there should be a right of appeal against a decision taken by the Monitoring Officer, as this was a decision taken by one person in consultation with the Independent Person, but not against the decision of the Committee, which was a democratically elected group of people who also had the benefit of formal legal advice.  They did not feel that there was a benefit in setting up another panel to replicate what had already been considered by the Councillor Conduct Committee.  Once the Council appoints a second Independent Person, the Committee may consult the Independent Person who had not been part of the previous decision. 

3.2.3     Asmat Hussain set out the procedure for Councillor Conduct Committee hearings, as in the current scheme.

·       The Monitoring Officer will present his report and the evidence to members.  The report and evidence having been circulated previously. 

·       The Independent Person, who had been consulted on the Monitoring Officer decision, may add her comments. 

·       The Committee Members will have an opportunity to ask questions of both the Monitoring Officer and the Independent Person. 

·       The Committee will make a decision, whether or not to uphold the Monitoring Officer decision.

·       Depending on the outcome, further advice would be provided.

3.3           The current procedure for dealing with complaints, as agreed by Council, was to be used for the hearing to be considered on the evening of the meeting. 

3.4           In the current procedure the Committee had an option of inviting the complainant to attend the hearing, which they had agreed not to do. 

3.5           The wording in paragraphs 6.4 and 7.3 in the revised report should read to be “reviewed” not “drafted”. 

AGREED that

1.     The revised procedure for dealing with complaints against councillors would be recommended to full Council for approval as amended above and including Option B, allowing no right of appeal against a Councillor Conduct Committee decision. 

2.     A paragraph would also be inserted to allow a similar right of appeal to a councillor about whom a complaint had been made, as there was to a complainant, against a Monitoring Officer decision.