Issue - meetings

The Team Leader (Corporate Governance) introduced the report of the Head of Legal Partnership updating the Committee on complaints received under the Members’ Code of Conduct during the period 12 November 2015 to 31 August 2016.  It was noted that:

·  Since the last report to the Committee on 23 November 2015, there had been ten new complaints against sixteen Subject Members.  Of the ten complaints received, three related to Borough Councillors and seven related to Parish Councillors.

·  As at 31 August 2016, two complaints were at the initial assessment stage, two had been concluded with a finding that there was no breach of the Code of Conduct and four had not been progressed as three had failed the local assessment criteria and one had failed the legal jurisdiction test.  The remaining two complaints had been referred to independent investigation, but, following the resignation of both Subject Members the investigations had ceased and the matters closed.

·  The Localism Act 2011 repealed the requirement to publish decision notices; therefore, in providing the update to the Committee, the names of the complainant and the Councillor complained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 were both kept confidential in accordance with the Data Protection Act 1998.

·  In future, update reports on complaints received under the Members’ Code of Conduct would be submitted to alternate meetings of the Committee.

In response to questions:

·  The Team Leader (Corporate Governance) explained that it would not be in the public interest to use resources to pursue investigations into allegations of misconduct against individuals who had resigned from office as no sanctions could be applied, although in some circumstances the Police/Courts might become involved.

·  The Team Leader (Corporate Governance) undertook to (a) clarify under which Section of the Localism Act 2011, the Borough Council was responsible for dealing with complaints that a Parish Councillor within its area had failed to comply with the Code of Conduct adopted by his/her Parish Council and (b) arrange for details to be circulated to all Members of the Committee and to the Parish Council Representatives.

RESOLVED:  That the report be noted.