Agenda item

Consideration was given to a report which presented a Final Draft version of the revised Members’ Code of Conduct and Operating Procedures.

Following previous consideration by this Committee and the Standards Sub-Committee on a number of occasions, a number of proposed amendments and additions had been made.

The proposed amendments were presented for further consideration and agreement was sought for the finalised documents to be submitted to Annual Council in May 2017 for adoption.

It was also noted that an all Member workshop would be held in advance of Annual Council to present the content of the Code to the wider membership in an informal setting.

In presenting the report the Monitoring Officer advised that the report had recently been considered by the Standards Sub-Committee but due to a timing issue with publication, the amendments agreed were not as yet incorporated these were verbally shared with the Committee, as follows:-

·         No further amendments required to the Code itself- all suggested amendments accepted;

·         Further amendments required to the operating procedure with regard to how formal investigations were conducted, namely: -

·         It be made clear that following an investigation if the MO makes the decision to proceed to a hearing, there will be full disclosure of all witness statements given to all parties;

·         The method for recording any interviews will be a decision for the Investigating Officer, however an audio recording will be taken on request;

·         It be made clear that Hearings can proceed in the absence of the subject member if the MO is not satisfied with their reason for non attendance.

·         The reasons for the MO deciding to proceed to a hearing will be documented and shared with all parties.

Discussion ensued and it was suggested that respect should be added as principle, as it was at the County Council.  Officers confirmed that the introduction wording used in the respect section, was the same as that included in the County Council’s Code, albeit in a different section of the Code.

In responding to questions Officer clarified what was meant by threshold with regards to complaints about respect.

It was suggested that Local Ward Member engagement at the onset on the process (operating procedure refers), should be chased up at least once, rather than not at all, as currently drafted.

It was also suggested that the ability for the Monitoring Officer to have the final decision regarding whether a Hearing should proceed should be somehow documented in the procedure.

Whilst being agreeable to the suggestions made, some Members expressed concern that in trying to make the operating procedure cover every eventually, they could inadvertently make it unworkable.  All were agreement that a degree of flexibility within such a procedure was required.

RESOLVED that:

a)      Having reviewed the final draft version of the revised Code of Conduct and Operating Procedures the Committee’s comments and suggestions detailed above be noted and further considered by Officers for inclusion.

(b)     an all Member workshop be held in advance of Annual Council to present the content of the draft revised Code to the wider membership (proposed date of 25 April 2017).

(c)     the Monitoring Officer be granted delegated Authority to incorporate any further amendments required to the Code of Conduct and Operating Procedures, arising from the Governance and Audit Committee Meeting or the above Member Workshop, prior to it being submitted to Annual Council for adoption in May 2017.