Agenda item

The Monitoring Officer introduced a report that provided Members with an update in relation to the activity under the Councillors’ Code of Conduct.  A revised version of the Appendix was tabled that included details of one further complaint that had been dealt with in 2022/23.

The Monitoring Officer summarised the complaints in the Appendix and indicated that the level of formal complaints received under the Code was not particularly high in comparison to other authorities.  He highlighted that a relatively high proportion of the complaints received were submitted by other councillors rather than residents compared to other areas.

Members of the Committee asked questions about the position regarding several of the individual complaints listed in the Appendix.  The Monitoring Officer stated that it would not be appropriate to comment on the details of individual complaints received but assured the Committee the process for dealing with complaints as set out in the Councillors’ Code of Conduct would be followed properly and the Independent Person was consulted.  In relation to point 2(f) of the Committee’s terms of reference that stated that one of the core functions was to determine written complaints made about councillors, a Member asked about the role of the Committee in individual complaints and what recourse Members had if they did not agree with a decision taken by the Monitoring Officer not to refer a complaint to the Committee.  The Monitoring Officer responded that the Councillors’ Code of Conduct clearly set out the staged process and criteria by which complaints would be dealt with, and the circumstances in which a complaint would come to the Committee.  The agreed Code stated there was no right of appeal against a decision of the Monitoring Officer in relation to a complaint and that their duty was to apply the process detailed in the agreed scheme in a non-political way.  It was noted that the Council could review the complaints process as set out in the Code in the future if it wished to do so.

Various other issues were raised during discussion including how trends were monitored to identify any repeated breaches or issues, and the Monitoring Officer confirmed that records of complaints were kept to see if any patterns emerged.  There was provision in the Code for the Monitoring Officer to discuss with the Independent Person any instances of repeated minor breaches of the Code made by a Member.

At the conclusion of the discussion the report was noted.

Resolved –  That the outcome of complaints under the Code of Conduct as set out in Appendix 1 to the report be noted.