Contact your Parish Council
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Audit, Governance & Standards Committee |
13 March 2023 |
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Complaints Received Under the Members’ Code of Conduct |
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Final Decision-Maker |
Audit, Governance & Standards Committee |
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Lead Head of Service |
Claudette Valmond – Head of Legal Partnership |
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Lead Officer and Report Author |
Gary Rowland – Senior Legal Adviser, Corporate Governance |
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Classification |
Public |
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Wards affected |
All |
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Executive Summary |
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The report provides an update to the Committee on complaints under the Members’ Code of Conduct previously reported as under consideration and received in the period 1 September 2022 to 28 February 2023.
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This report makes the following recommendations to this Committee: |
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1. That the contents of the report be noted. |
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Timetable |
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Meeting |
Date |
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Audit, Governance & Standards Committee |
13 March 2023 |
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Complaints Received Under the Members’ Code of Conduct |
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1. CROSS-CUTTING ISSUES AND IMPLICATIONS
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Issue |
Implications |
Sign-off |
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Impact on Corporate Priorities |
High standards of conduct are essential amongst Members in delivering the Council’s priorities. The Code of Conduct complaints procedure supports this. |
Senior Legal Adviser – Corporate Governance |
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Cross Cutting Objectives |
No impact. |
Senior Legal Adviser – Corporate Governance |
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Risk Management |
The report is presented for information only and has no risk management implications. An effective and robust Code of Conduct complaints procedure minimises the risk of Member misconduct and is part of an effective system of governance.
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Senior Legal Adviser – Corporate Governance |
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Financial |
There are no direct financial implications; however, should it be necessary to appoint external Independent Investigators, the cost of this will be met by the Borough Council. |
Senior Legal Adviser – Corporate Governance |
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Staffing |
The complaints procedure is dealt within the remit of the Monitoring Officer with input from the Legal team as required. |
Senior Legal Adviser – Corporate Governance |
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Legal |
The requirements of the Localism Act 2011 with regards to the Code of Conduct complaints procedure are set out within the report. The reporting process ensures that the Committee continues its oversight of the Code of Conduct as required by the Constitution. |
Senior Legal Adviser – Corporate Governance |
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Privacy and Data Protection |
No personal information is provided as part of the report. |
Senior Legal Adviser – Corporate Governance |
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Equalities |
Any potential to disadvantage or discrimination against different groups within the community should be overcome within the adopted complaints procedure. |
Senior Legal Adviser – Corporate Governance |
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Public Health
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None identified in the report. |
Senior Legal Adviser – Corporate Governance |
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Crime and Disorder |
None identified in the report. |
Senior Legal Adviser – Corporate Governance |
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Procurement |
None identified in the report. |
Senior Legal Adviser – Corporate Governance |
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Biodiversity and Climate Change |
None identified in the report.
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Senior Legal Adviser – Corporate Governance |
2. INTRODUCTION AND BACKGROUND
2.1 It is a requirement under the Localism Act 2011 that all Councils adopt a
Code of Conduct and that the Code adopted must be based upon the Nolan
Principles of Conduct in Public Life. The current Members’ Code of Conduct
(“the Code”) for Maidstone Borough Council is set out in the Constitution.
2.2 The Localism Act 2011 requirement to adopt a Code of Conduct also applied to all Parish Councils. Most Parish Councils in the Maidstone area have adopted a similar Code of Conduct to the Borough Council, based on a Kent wide model. A few Parish Councils have adopted their own particular Code.
2.3 Under the Localism Act 2011 Maidstone Borough Council is responsible for
dealing with any complaints made under the various Codes of Conduct
throughout the Maidstone area.
2.4 The Constitution stipulates that oversight of Code of Conduct complaints is
part of the remit of the Audit, Governance and Standards Committee.
2.5 As part of the Committee’s oversight function it is agreed that the Monitoring Officer will provide reports on complaints to the Audit, Governance & Standards Committee. It should be noted that the Localism Act 2011 repealed the requirement to publish decision notices; therefore in providing the update to the Committee the names of the complainant and the Councillor complained about are both kept confidential in accordance with the Data Protection Act 2018. Whilst personal data is kept confidential, the report now highlights why those complaints that were rejected, did not establish a breach of the Code as requested during the meeting in September 2021.
2.6 At the previous Committee on 27 September 2022, it was reported that there were no outstanding complaints being considered by the Monitoring Officer.
2.7 Since the last report, five new complaints have been received against parish/town councillors. Two of the complaints have been considered by the Monitoring Officer and have been concluded as follows:
· you must not bully any person;
· you must not conduct yourself in a manner which could reasonably be regarded as bringing your office or the Authority into disrepute.
No breach of the Code was established. The complaint met the following preliminary tests:
1.4(f) - the complaint is relatively minor and dealing with the complaint would have a disproportionate effect on both public money and officers’ and Members’ time; and
1.4(i) - the complaint is such that it is unlikely that an investigation will be able to come to a firm conclusion on the matter, e.g., where there is no firm evidence on the matter.
· you must not bully any person;
· you must not do anything that compromises, or is likely to compromise, the impartiality or integrity of those who work for, or on behalf of, the Authority; and
· you must not conduct yourself in a manner which could reasonably be regarded as bringing your office or the Authority into disrepute.
No breach of the Code was established. The complaint met the following preliminary tests:
Local Assessment Criteria
1.4(f) - the complaint is relatively minor and dealing with the complaint would have a disproportionate effect on both public money and officers’ and Members’ time; and
1.4(i) - the complaint is such that it is unlikely that an investigation will be able to come to a firm conclusion on the matter, e.g., where there is no firm evidence on the matter.
The remaining three complaints are currently being considered by the Monitoring Officer and concern the following allegations:
Complaint 1 – Allegations
· you must not bully any person;
· you must, when using or authorising the use by others of the resources of
the Authority ensure that such resources are not used improperly for political purposes (including party political purposes);
· you must not do anything that compromises, or is likely to compromise, the
impartiality or integrity of those who work for, or on behalf of, the Authority;
· you must not disclose information given to you in confidence by anyone, or information acquired by you which you believe, or ought reasonably to be aware, is of a confidential nature, except where:
(i) you have the written consent of a person authorised to give it; or
(ii) you are required by law to do so; or
(iii) the disclosure is made to a third party for the purpose of obtaining
professional advice provided that the third party agrees not to disclose the information to any other person; or
(iv) the disclosure is: reasonable and in the public interest; and made in good faith and in compliance with the reasonable requirements of the Authority;
· you must not conduct yourself in a manner which could reasonably be regarded as bringing your office or the Authority into disrepute; and
· you must not use or attempt to use your position as a Councillor improperly to confer on or secure for yourself or any other person, an advantage or
disadvantage.
Complaint 2 – Allegations
· you must not bully any person;
· you must, when using or authorising the use by others of the resources of
the Authority ensure that such resources are not used improperly for political purposes (including party political purposes);
· you must not do anything that compromises, or is likely to compromise, the
impartiality or integrity of those who work for, or on behalf of, the Authority;
· you must not conduct yourself in a manner which could reasonably be regarded as bringing your office or the Authority into disrepute; and
· use or attempt to use your position as a Councillor improperly to confer
on or secure for yourself or any other person, an advantage or disadvantage.
Complaint 3 – Allegations
· you must not bully any person;
· you must, when using or authorising the use by others of the resources of
the Authority ensure that such resources are not used improperly for political purposes (including party political purposes); and
· you must not do anything that compromises, or is likely to compromise, the
impartiality or integrity of those who work for, or on behalf of, the Authority.
3. AVAILABLE OPTIONS
3.1 The Committee could decide that they no longer wish to receive the updates on complaints under the Code of Conduct. This is not recommended as it is part of the Committee’s general oversight function.
3.2 That the Committee note the update on complaints received under the Members’ Code of Conduct.
4. PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS
4.1 Option 3.2 that the Committee note the update on complaints received under the Members’ Code of Conduct is recommended as it is important that the Committee continue to oversee the complaints received.
5. RISK
5.1 This report is presented for information only and has no risk management implications.
6. CONSULTATION RESULTS AND PREVIOUS COMMITTEE FEEDBACK
6.1 Members of the Audit, Governance & Standards Committee and the Independent Person will be consulted on individual complaints, as and when necessary, in accordance with the relevant complaints’ procedure.
7. NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION
7.1 As the report is for information only, no further action will be taken.
8. REPORT APPENDICES
None.
9. BACKGROUND PAPERS
None.