1.       CROSS-CUTTING ISSUES AND IMPLICATIONS

2.        INTRODUCTION AND BACKGROUND

3. 

2.1   On 15 January 2024 this Committee considered the attached report and appendices (at Appendix 1) and resolved (at Appendix 2) “That consideration of the item be deferred to the next meeting, to allow the Kent Association of Local Councils had been consulted on the proposed code”.

2.2   On 24 January 2024 the Kent Association of Local Councils (KALC) were consulted on the proposed revisions to the proposed amends to Maidstone Borough Council Code of Conduct.

2.3   KALC’s response (at Appendix 3) was received by email on 6 March 2023. The email included two attachments:

        2.3.1    A track-changed version of the Code of Conduct titled "Code of Conduct – Jan 24 – amended – mark up," highlighting proposed amendments as track changes;

        2.3.2    a ‘clean’ non-track changed version of the Code of Conduct. 

For ease of reference, we have simply attached the track-changed version.

2.4   The Monitoring Officer has considered the suggestions provided by KALC.  As a result, additional amendments are proposed, presented in Appendix 4 alongside Appendix 3 of the Officer Report dated January 15, 2024. These proposed amendments have been visually highlighted in yellow for clarity.

2.5   Stylistic amendments aimed at enhancing clarity or addressing specific concerns have been accepted. Amendments tailored to Parish Councils, which do not directly pertain to the regulation of Maidstone Borough Council members, have not been universally adopted but remain open for consideration by the respective Parish Councils.  Amends which do not align with the existing legal framework have not been accepted.

2.6   This report serves to encapsulate the proceedings and outcomes of the Committee's deliberations on the proposed revisions to the Maidstone Borough Council Code of Conduct, inclusive of the consultation with KALC and subsequent amendments proposed by the Monitoring Officer.

3.        AVAILABLE OPTIONS

3.1     The Committee has the following options available:

3.1.1   Option 1: To recommend to Council that the proposed amendments to the Council’s Member’s Code of Conduct (at Appendix 4 to this Report) and the arrangements for dealing with councillor conduct complaints (at Appendix 4 to the 15 January 2024 Officer Report) be adopted and the Constitution updated accordingly.  This option is recommended on the basis that members are familiar with this layout of the code, the changes to be considered are not extensive. This is also the preferred option so as to provide consistency with other Kent authorities.

3.1.2   Option 2: To recommend to Council that the amends proposed by KALC to the Council’s Member’s Code of Conduct (at Appendix 3 to this Report) and the arrangements for dealing with councillor conduct complaints (at Appendix 4 to the 15 January 2024 Officer Report) be adopted and the Constitution updated accordingly.  Stylistic amends aside, this option is not recommended as some of the amends are Parish Council specific and this would create interpretational issues for breaches of the Code of Conduct by Maidstone Borough Council Members and would not align with the regulatory framework.

3.1.3   Option 3: To recommend to Council that alternative proposed amendments to the Member’s Code of Conduct and arrangements for dealing with councillor conduct complaints be adopted and the Constitution updated accordingly.  The Localism Act 2011 provides local authorities with the freedom to create their own Code of Conduct and arrangements for dealing with councillor conduct complaints, so it is open to the Audit, Governance and Standards Committee to make alternative proposed amendments having considered the various reports, government responses and LGA guidance.  This is not a recommended course of action as the Council could inadvertently create a “third” Code of Conduct in circumstances where various options have already been considered and assessed extensively by both the LGA and separately by the Kent Secretaries group.

3.1.4   Option 4: To recommend to Council to adopt the LGA Model Code of Conduct (at Appendix 2 to the 15 January 2024 Officer Report).  This option is not recommended as the Monitoring Officer on review of the existing code considers that the majority of the points set out in the LGA Model Code are captured in the Kent Code. The LGA will continuously review the model code and the Monitoring Officer (and Kent Secretaries group) will in turn continuously review the changes and update members to determine whether further changes need to be made to the local code.  The majority of the LGA Model Code has been incorporated within a code that Councillors are au fait with.

3.1.5   Option 5: Do nothing and make no changes to the existing Maidstone Code of Conduct so the Member’s Code of Conduct and arrangements for dealing with Councillor conduct complaints remain as they are currently. This option would run counter to the recommendations of the Committee in Standards in Public Life whose intention was to strengthen the position regarding ethical standards.

4.        PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS

4.1     Option 1 is the recommended option as this would reflect most of the LGA’s proposals and the CSPL’s best practice recommendations for local authorities and also reflects the recommendations of the Kent Secretaries group.  Furthermore, Members are familiar with this layout of the code, the changes to be considered are not extensive and this is consistent with the position of the principal authority.

5.       RISK

5.1     The risks associated with this proposal, including the risks if the Council does not act as recommended, have been considered in line with the Council’s Risk Management Framework. We are satisfied that the risks associated are within the Council’s risk appetite and will be managed accordingly.

6.        CONSULTATION RESULTS AND PREVIOUS COMMITTEE FEEDBACK

6.1     The consultation on the LGA Model Code of Conduct was presented to and noted by Audit, Governance and Standards Committee on 29 July 2020 where the contents of the then LGA Model Code of Conduct were noted.

7.       NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION

7.1     The recommendations of the Audit, Governance and Standards Committee will be put to Full Council.  The Democracy & General Purposes Committee will be consulted on Appendix 4 to this report and Appendix 4 to the 15 January 2024 Officer report prior to Full Council’s consideration given the constitutional changes that would be required to give effect to this Committee’s recommendation.

8.        REPORT APPENDICES

The following documents are to be published with this report and form part of the report:

1.   Appendix 1: Officer Report of 15 January 2024 to this Committee with the following appendices:

1.1.     Appendix 1: Summary of Highlights of CSPL Report & Government Response

1.2.     Appendix 2: LGA Model Councillor Code of Conduct (December 2020 as updated on 19 January and 17 May 2021)

1.3.     Appendix 3: Proposed updated Maidstone Borough Council Member’s Code of Conduct

1.4.     Appendix 4: Proposed updated Maidstone Arrangements for dealing with councillor conduct complaints

2.   Appendix 2: The minutes of this Committee’s meeting of 15 January 2024

3.   Appendix 3: Kent Association of Local Councils (KALC) email of 6 March 2023 together with one attachment titled "Code of Conduct – Jan 24 – amended – mark up," highlighting proposed amendments as track changes;

4.   Appendix 4: Further proposed amends (highlighted in yellow) to the Member Code of Conduct.

9.        BACKGROUND PAPERS

None