Issue - meetings

Item ST 15/3 referred from Joint Standards Committee minutes of 19 January 2015

Item ST 15/3 referred from Joint Standards Committee minutes of 19 January 2015

RESOLVED:  That the recommendations at Minute ST 15/3 be approved.

The report of the Monitoring Officer referred to a number of issues which had arisen in assessing complaints made to the Borough Council since the adoption of the arrangements for investigation of Code of Conduct complaints on 12 July 2012.  Consideration was given to making small changes to the arrangements to address the practical operation of the complaints procedure.  These related to the age of the complaint under the local assessment criteria, publicising decisions on assessments under the Code of Conduct and provisions regarding informal resolution of complaints.

Discussion ensued on whether the three month rule in the local assessment criteria should be extended.  However, it was agreed that a preferable course of action would be for the Monitoring Officer, in consultation with the Chairman, Vice-Chairman and Independent Persons, to determine whether exceptional circumstances existed, having regard to the seriousness of the alleged breach, whether it had only just come to light and the consequences of the delay for the fair disposal of the complaint.

The report referred to a decision of the Information Commissioner and the outcome of a First Tier Tribunal and proposed the removal of reference to publication of decision notices to avoid disclosing personal details of Complainants or Subject Members unless a complaint led to an investigation and public hearing before the Hearing Panel.  Members expressed concern about the dilemma of needing to provide openness and a viable sanction as against contravention of data protection principles and asked that the situation be kept under review.

Finally, the report suggested an amendment to the arrangements to cover circumstances where a Subject Member refused to accept a proposed informal resolution of a complaint.

RECOMMENDED:  That the amendments to the arrangements set out in the report be approved in respect of:

(1)             circumstances for departure from the three month rule in paragraph 1.4(f) of Annex 2 to the report;

(2)             removal of reference to publication of decision notices in paragraph 4.7 of Annex 2 to the report; and

(3)            revised arrangements for informal resolution in paragraph 6.5 of Annex 2 to the report.
*Referred to Council