Agenda item

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The Deputy Monitoring Officer presented the report.

The Chair invited questions and comments from the Committee, a summary of which is set out below.

Councillor Ring commented the report was clear and helpful with the tracked changes. He highlighted the declarations of interest forms for Members were correct and already included spouses and the Code of Conduct now reflected this too. He commented the importance of this being clear and correct and members were encouraged if in doubt to include in their declarations of interest.

The Deputy Monitoring Officer clarified, “partner” was used to include spouses and civil partners etc.

The Chair, Councillor Ware thanked the Deputy Monitoring Officer for the clear definitions in the report.

Councillor Bearshaw asked for the declarations of interest flow chart to be amended to reflect the inclusion of partner. Councillor Bearshaw referred to allowances and suggested on the item all members have dispensation to speak as it was needed.

Councillor Ring asked if the recent judicial hearing fed into the amendments made to the investigation section of the code of conduct. He commented there were clear points of clarification on the hearing process.

The Vice-Chair, Councillor Sandell sought clarification on the timescales in reference to the second step criteria, and whether there was a cut-off when a complaint arose too far in the past to be considered.

The Deputy Monitoring Officer confirmed there was no definite timescale as it depended on the nature of the allegation. Complaints in any event tend to be made quite promptly after the event in dispute but were usually within the last couple of months.

Councillor Bearshaw sought clarification on the independent person and if there were separate terms of reference.

The Deputy Monitoring Officer advised the independent person was formally instructed and best practice guidance was given. He added there was no issue raised in any legal cases in relation to Appendix B of the independent person.

The Chair, Councillor Ware commented in relation to timescales, it was finding a balance and the public interest needed to be considered. She referred to Councillor Bearshaw’s previous question and commented further the independent person was a vital part of the investigation up to the 25 January 2024 Hearing and acted fairly. Councillor Ware commented following the hearing there were newspaper articles and sought clarification if they could be subject to a complaint.

The Deputy Monitoring Officer without seeing a complaint formally, he said he was unable to comment and would need to know the full details. He added it would be considered if this was in the bounds of the Members free speech.

Councillor Ring added he felt this was not in the public interest to form a complaint over the comments made and the independent person acted within their remit and the procedures for the hearing were followed.

Councillor Bearshaw commented complaints by the nature are emotive and as a committee their role was to remove the emotive side of the complaint and follow procedures

RESOLVED: The Standards Committee were requested

1. To approve the attached revised Member Code of Conduct, with tracked changes accepted).

2. To adopt the attached revised Guidance on Complaint Handling, with tracked changes accepted.