Agenda item

Minutes:

The Director of Legal and Governance (and Monitoring Officer) took Members through the quarterly complaints monitoring report and advised that two District Councillor complaints had been concluded and three new complaints had been received since Members had last received an update.

 

Due to the pandemic, minimal progress had been made with a number of thecomplaints but further resources had now been made available to undertake the necessary work, including some valuable input from the Service Manager, Scrutiny and Democratic Services.

 

In relation Complaints ADC2019-04 – 2019-10, Committee were reminded that they had received the outcome of the complaints at their meeting in July 2020.  The complaints had been investigated by an External Investigator due to their inter-relationship and complexity, with all the complaints relating to behaviours at a Council meeting held on 4 March 2019.

 

Members had resolved at that meeting that they wished to further consider the recommendations of the Investigator and enable the views of the Director of Legal and Governance (and Monitoring Officer), who was not present at that particular meeting, to be sought prior to making any firm decisions.

 

To that end, Members proceeded to consider each of the eight recommendations from the External Investigator and make any comments, responses and suggestions as deemed appropriate.

 

RESOLVED that

a)    the updated position in respect of Members’ Code of Conduct complaints as set out in the Appendix to the report, be noted;

 

b)    having considered the recommendations of the Investigator in respect of various Member Code of Conduct complaints, the following responses and courses of action be approved:-

 

 

Recommendation:

 

Committee Response:

1.

In future, no one is permitted to Chair any formal meetings of the Council without having undergone some training in Chairing skills. It is further suggested that, in the case of the Chairman and Vice Chairman of the Council, this training is undertaken on a one to one basis

 

Approved and welcomed

2.

All Members receive training on behaviours and the effect behaviours can have on others and themselves. It is suggested this is not a classroom-based approach but rather an interactive role-play session. It is recommended that all new Members undertake such training within their first year in office and that continuing Members  undertake such training every four years

Approved and welcomed with an addition of using video/online/live streaming training tools as required

3.

At the start of all Council meetings, the Chairman reminds Members of the need for basic respect. In the event that it appears that that basic respect is not being shown between Members, then the Chairman should adjourn the meeting to allow a brief cooling off period. During this time he/she should speak, along with the Chief Executive, to the unruly Members

 

Approved with an acknowledgement that virtual meetings have significantly reduced unacceptable behaviour (i.e. heckling) during meetings

4.

Any additional tools which can be provided to the Chairman of the meeting to make his/her role easier should be provided

 

Approved and acknowledged that this additional support is already in place with prompt cards and guidance from the Chief Executive and lead officers as required

 

5.

Intervention by officers is always difficult at meetings and differing views on the subject are evident. However, they are Member meetings and they should be conducted and managed by Members.  If occasions arise when either behaviours or comments are such that it is vital that either the Monitoring Officer or the Chief Executive speaks up and either stops the proceedings or states that action is required by the Chairman, then Members need to be clear with officers that they support such interventions

 

Acceptance that officers’ intervention is occasionally required but prefer this course of action to be kept to a minimum with Committee Chairman continuing to manage the meetings as required

6.

In relation to the Code of Conduct itself and the specific issue of unfair treatment, it is suggested that consideration is given to including within the Code of Practice a very specific requirement regarding treating people with respect

 

This recommendation to be considered further by the Informal Standards Working Group as part of their deliberations around the new Model Code of Conduct

 

7.

Since the abolition of the Standards Board and more recently local determination, the powers available to Standards Committees have been reduced. One action that the Standards Committee could consider adopting is to name and shame Councillors who breach the code. To enable the Council to have a useful sanction in the event of the Standards Committee finding a Member in breach, they may, in the most serious cases, not only publish their findings on the Council website but also within local papers and the Ashfield Council newsletter. This would not be an action to be taken lightly but where a Member has been found, by his/her peers, to be in breach of the Code, it is not unreasonable for members of the general public to be made fully aware of the breach

 

This recommendation to be considered further by the Informal Standards Working Group as part of their deliberations around the new Model Code of Conduct

 

8.

To ensure balance and equity for the Council’s Standards regime, the suggestion is that the Council appoints three independent members to its Standards Committee. These members should be recruited, interviewed and appointed for a four-year term renewable once. They should be remunerated appropriately and as agreed by the Independent Remuneration Panel.

 

I would suggest that one of these independent appointees be appointed as Chair of the Committee; although this may well be unacceptable politically; I would suggest it as good practice.  For clarity these are not the same as the currently legally required Independent Persons and these appointees would act as full members of the Standards Committee. They would in effect be the balancing element to provide surety and to prevent claims of political bias in any Standards related decisions

 

Do not accept that an Independent Chairman would improve the function and output of the Council’s Standards Committee and their contributions would not be particularly useful. 

 

To investigate further the possibility of Aldermen and Alderwomen being offered the opportunity to sit as independent persons on the Committee with full voting rights

 

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