Agenda item

The Monitoring Officer introduced his report and urgent update setting out proposed changes to the Council’s Member Code of Conduct and arrangements for dealing with Councillor conduct complaints following a review of Local Government Ethical Standards by the Committee on Standards in Public Life and the consultation exercise carried out with the Maidstone Area Committee of the Kent Association of Local Councils (KALC) as requested at the last meeting.

The Monitoring Officer advised the Committee that:

·  This matter was deferred at the last meeting to provide an opportunity for KALC to be consulted on the proposed amendments to the Member Code of Conduct.  He had considered the suggestions provided by KALC and as a result additional amendments were proposed.

·  When considering the proposed amendments, it should be borne in mind that the purpose of the Code of Conduct was to regulate behaviours of Maidstone Borough Councillors and Co-opted Members, but a Parish Council was free to adopt its own Code of Conduct pursuant to Section 27 of the Localism Act 2011.

·  The urgent update included an amended definition of Co-opted Member to align with the definition in Section 27 of the Localism Act 2011; the reinstatement of the deleted words “plus one non-voting Parish Councillor when a Parish Councillor is the subject of a complaint” at paragraphs 2.1 and 2.2 of the Hearing Panel Rules of Procedure; and a copy of the Complaint Form to be attached to the Procedure on Receipt of a Complaint.

During the discussion on the report, it was suggested by the Parish Council representatives that no changes be made to the Council’s Member Code of Conduct and arrangements for dealing with Councillor conduct complaints at the present time to enable further work to take place to achieve a model which can be adopted by all Parish Councils without change.

RESOLVED:

1.  That the proposed update to the Member Code of Conduct at Appendix 4 to the report of the Monitoring Officer be noted together with the urgent update.

  Voting:  4 – For  3 – Against  

  Chairman’s casting vote in favour 

2.  That the proposed update to the arrangements for dealing with Councillor conduct complaints at Appendix 4 to the 15 January 2024 report of the Monitoring Officer be noted together with the urgent update.

3.  That the Democracy and General Purposes Committee be recommended to recommend to the Council that the Constitution be updated to include the Member Code of Conduct at Appendix 4 to the report of the Monitoring Officer, and the arrangements for dealing with Councillor conduct complaints at Appendix 4 to the 15 January 2024 report of the Monitoring Officer, together with the urgent update.

  Voting:  4 – For  3 – Against  

  Chairman’s casting vote in favour 

4.  That the Council be recommended to adopt the Member Code of Conduct at Appendix 4 to the report of the Monitoring Officer, and the arrangements for dealing with Councillor conduct complaints at Appendix 4 to the 15 January 2024 report of the Monitoring Officer, together with the urgent update.

  Voting:  4 – For  3 – Against  

  Chairman’s casting vote in favour 

5.  That the Monitoring Officer in consultation with the Chairman of the Audit, Governance and Standards Committee be authorised to effect editorial amendments prior to a report being submitted to the Democracy and General Purposes Committee.

  Voting:  4 – For  3 – Against  

  Chairman’s casting vote in favour

Councillors Coulling and Titchener wished to emphasise that as Parish Council representatives on the Committee they did not have a vote on this matter.