Agenda item

To consider the report of the Monitoring Officer, (copy enclosed).

The Committee considered the report of the Monitoring Officer on possible revisions to its constitutional and operational arrangements.

A number of revisions had arisen from discussion at recent meetings and a training/briefing session for Members of the Committee, and these were shown at APPENDIX 1 including consequential changes to the Conduct Complaints Process Flowchart Stage I.  APPENDIX 2 showed some proposed minor revisions to Stage II of the Flowchart.

Some discussion took place on the proposed 30 working days for the Monitoring Officer to conclude an initial assessment of a conduct complaint and what the status of the complaint would be if this was not achieved.  It was noted that when the Committee last reviewed the Complaints Process it was clearly envisaged that the Monitoring Officer would have the ability to proceed to investigation with the agreement of the Independent Person although this had not been reflected in the Stage I flowchart.  It was generally agreed however that the 25 working days should be retained and in the event of exceptional circumstances preventing the normal process from occurring in that timeframe that the Monitoring Officer will consult with the Independent Person and the Chairman of the Committee with a view to a special meeting of the Committee being called.  It was highlighted that the proposed revisions to the Stage I flowchart should mean such circumstances will be rare.

Particular reference was made to the proposed revision to the Committee’s operating arrangements to bring it in line with the Investigating and Disciplinary Committee so far as the restricted circulation of papers and the attendance of non-Members of the Committee in relation to the conduct of private session business.  It was recommended that if accepted Council and Committee Procedure Rule 20 be amended to exclude the Joint Standards Committee when dealing with private session business.

With the permission of the Chairman, the Leader of the Council spoke with regard to references in the flowchart to the Leader and the Political Group Leader.  Arising from this it was agreed that the Stage I flowchart acknowledges that the Leader of the Council will be alerted to the existence of a conduct complaint relating to a District Councillor at an early stage in the process and kept generally advised of progress throughout.

It was also agreed that the two boxes in the final line of the Stage I flowchart should also refer specifically to Political Group Leader.

Arising from clarification of Members’ concerns over what the initial assessment entailed, and the ability of the Monitoring Officer to proceed to investigation under Stage I of the process without referral to the Committee, it was further agreed that any such investigation should be carried out internally.

RECOMMENDED

(i)             that the Council agrees that the revisions to the constitutional and operating arrangements of the Joint Standards Committee as outlined in the report and clarified above, and shown as tracked in APPENDICES 1 and 2 to these Minutes be adopted as part of the Council’s constitutional documentation;

(ii)           that as a consequence of a revision included in (i) above, Council and Committee Procedure Rule 20 be amended to also exclude the Joint Standards Committee when conducting its business in private session.