Issue - meetings

(Report of the Monitoring Officer)  To set out arrangements for the receipt, assessment, review and hearing of  complaints received locally alleging that Members have failed to comply with the Members Code of Conduct.  To adopt terms of references for the Standards Assessment, Review and Hearing Sub-Committees.

In a brief introduction of the report the Monitoring Officer – Mr Suddaby, advised the Committee that the report set out the arrangements for the receipt, assessment, review and hearing of complaints received locally alleging the failure of Members to comply with the Members Code of Conduct. 

(Councillor Lister arrived at 19.45hrs from making difference meeting) 

Mr Suddaby outlined the process as detailed in the report from receipt of complaints and his role as Monitoring officer upon receipt at the initial stage,  and the assessment process of for the complaint.  Mr Suddaby gave an in-depth explanation of the role, composition and quorum of the proposed Standards Assessment Sub-Committee, the Standards Review Sub-Committee, and the Standards Hearing Sub-Committee, and referred the Committee to the terms of reference of each, as detailed in the appendices to the report. Mr Suddaby outlined that when complaints were received in writing that an elected or co-opted Member of the Council had failed or may have failed to comply with the Member’s Code of Conduct the complaint would be sent to the Chair of the Standards Assessment Sub-committee of the Standards Committee c/o the Monitoring Officer.  On receipt, the Monitoring Officer would

a)     notify the subject member that a complaint had been received against them and that an assessment sub-committee will take place to determine what further action to take in relation to it and refer the complaint to the ASC for an assessment hearing,  or

b)     Take other appropriate action – e.g.  in the case of a complaint unrelated to the code of Conduct or a complaint received orally, the Monitoring Officer may consider informal resolution. 

c)      At his/her discretion inform the subject member of the nature of the complaint received and the identity of the complainant and of the action that will be taken

d)     Notify the complainant of the action that will be taken in relation to his/her complaint.

Mr Suddaby advised that in his capacity as Monitoring officer he would ensure that all complaints against elected and co-opted Members received by the Council were directed to him/her to allow the necessary steps outlined to be taken.  In the instances where the Monitoring Officer referred the complaint to the ASC for an assessment hearing a draft written summary report would be prepared for the assessment sub-committee confirming that the complaint appeared to be within their jurisdiction, referring to the relevant code paragraph that appears to be engaged, to key aspects of complaint and including any further relevant information as per the Standards Board for England’s guidance.

In respect of the assessment of complaints received Mr Suddaby advised that the Standards Committee must set up an assessment sub-committee, a review sub-committee and lastly must arrange for any complaint which is investigated to have a hearing.  The Standards Assessment sub-committee (SASC) would be composed of 5 members of the Standards Committee. Two of the members of the sub-committee will be independent members and three will be elected Members. The membership of the SASC will be  ...  view the full minutes text for item 11