Agenda item
Revised Code of Conduct for Members and Revised Arrangements for Dealing with Alleged Breach of the Code
Minutes:
Mark Norman, Legal Adviser informed the Committee that:
- The report provided an update on the proposals for revisions to the Council’s Code of Conduct for Members and revisions to the Arrangements for Dealing with Alleged Breach of the Code.
- The revised Code better empowered the Monitoring Officer to consider complaints around breaches of the code of conduct and expedite the consideration of complaints.
- The proposed revisions were considered and broadly supported by the cross party Governance Review Working Group on 8 June 2016.
- The report was presented to the Committee to seek views on a number of matters.
Members considered the following:
· Changes to the general principles of conduct to bring them up to date in terms of legislative context and current terminology. - The Committee did not raise any issues on this proposal.
· Greater clarity of the requirements to register and declare statutory disclosable pecuniary interests and other interests. – The Committee broadly supported this proposal.
· A potential increase in the current value (£25) requiring the registration of gifts and/or hospitality. - The Committee considered that, for better transparency, the value should remain unchanged.
· Providing greater autonomy for the Monitoring Officer to reject complaints at the initial stage (whilst retaining the ability to seek a view from the Investigation and Disciplinary Sub-Committee in more complex cases). - The Committee did not raise any issues on this proposal.
· Creating defined criteria on which the Monitoring Officer may reject complaints. - The Committee did not raise any issues on this proposal.
· Introducing a requirement for the Monitoring Officer to provide reasons for any rejection at the initial stage to the complainant (and include this in quarterly monitoring information provided to the Standards (Advisory) Committee). - The Committee did not raise any issues on this proposal.
· Introducing greater flexibility to seek local resolution of complaints at all stages of the process. - The Committee did not raise any issues on this proposal.
· Reducing the role of full Council to determine hearings and impose sanctions with a proposal that the Hearings Sub-Committee is decision making as to whether a breach has occurred but a requirement for full Council or the Mayor (as appropriate) to agree more serious sanctions such as removal of a Member from a Council Committee or the Executive. - The Committee did not raise any issues on this proposal.
· Abolishing the Hearings (Appeals) Sub-Committee. - The Committee supported this proposal since this function had never been exercised.
Responding to Members’ questions, the Legal Adviser also informed Members:
- Sensitive data relating to member declarations would be dealt with in accordance with data protection regulations. Enquires would be made around practice at other local authorities for comparison.
- In relation to section 3 of the Code, this will be amended to specifically refer to the criminal sanction for failure to declare disclosable pecuniary interest. Anonymous complaints would be difficult to administer since, in most cases in order to properly investigate , the complainant would be required to identify themselves. Principles of natural justice also require that a Member complained about is able to test evidence of alleged misconduct. Ultimately the monitoring Officer retains the ability to investigate anonymous complaints if it is possible and considered to be in the public interest to do so. complainants should identify themselves.
RESOLVED
1. That the above comments on the proposed revisions be noted.
2. That the abolition of the Hearings (Appeals) Sub-Committee be endorsed.
Supporting documents:
- Revised Code of Con for Invest Report, item 3.3 PDF 85 KB
- ANNEX A, item 3.3 PDF 17 KB
- Annex A Existing Code and Arrangements, item 3.3 PDF 121 KB
- ANNEX B, item 3.3 PDF 16 KB
- Annex B Revised Code and Arrangements, item 3.3 PDF 123 KB