Agenda item

Arising from a number of concerns raised by councillors since the 2019 elections in relation to ethical standards, communications, and transparency, the Council noted that the Corporate Governance and Standards Committee at its meeting in November 2019 had established a cross-party task group, including a co-opted parish representative and an independent member of the Committee, with a wide remit to consider, review and make recommendations in respect of these matters.

The Task Group had met on a number of occasions since it was established and had considered, reviewed, and made recommendations to the Corporate Governance and Standards Committee on 30 July 2020 on, inter alia, the following matters:

(a)   the Councillors’ Code of Conduct, including the policy on acceptance of gifts and hospitality by councillors;

(b)   the 15 Best Practice Recommendations of the Committee on Standards in Public Life contained within its Report on Local Government Ethical Standards

The Committee supported the Task Group’s recommendations, some of which were for full Council to make the final decision, and which were the subject of the report now before the Council.

Upon the motion of the Leader of the Council, Councillor Joss Bigmore, seconded by the Vice-Chairman of the Corporate Governance and Standards Committee, Councillor Deborah Seabrook, the Council

RESOLVED:

(1)   That the draft revised Councillors’ Code of Conduct, as set out in Appendix 3 to the report, submitted to the Council be adopted and implemented with immediate effect (this incorporates CSPL Best Practice Recommendations 1 and 2).

(2)   That parish councils in the borough be invited to consider adopting at the earliest opportunity the revised Code of Conduct set out in Appendix 3 to the report, with such modifications as they deem necessary.

(3)   That the Monitoring Officer be authorised to prepare, maintain and make available for inspection at the Council’s offices and online a revised register of councillors’ interests to comply with the requirements of the Localism Act 2011 and of the Council’s revised code of conduct.

(4)   That the Council agrees that the code of conduct should normally be reviewed every four years during the year following the Borough Council Elections, with any such review involving formal consultation with parish councils within the borough (CSPL Best Practice Recommendation 3 refers).

(5)   That the Council’s Arrangements for Dealing with Allegations of Misconduct by Councillors (“the Arrangements”) be amended as follows:

(a)   paragraph 7.3 (g) iii) to read: “Whether the complaint appears to be trivial, malicious, vexatious, politically motivated or ‘tit-for-tat’”

(b)   paragraph 7.4 (6) to read: “The complaint appears to be trivial, malicious, vexatious, politically motivated or ‘tit-for-tat’”

(c)   paragraph 7.10 to read: “The decision of the Monitoring Officer, or Assessment Sub-Committee (as the case may be) shall be recorded in writing, and a decision notice will be sent to the Complainant and the Subject Member within 10 working days of the decision. The Independent Person shall be given the option to review and comment on allegations which the Monitoring Officer (or Assessment Sub-Committee) is minded to dismiss as being without merit, vexatious, or trivial. The decision notice will summarise the allegation, give the decision of the Monitoring Officer or Assessment Sub-Committee, and the reasons for their decision. There is no right of appeal against the decision of the Monitoring Officer or Assessment Sub-Committee.”

(d)   Substitute the following in place of paragraph 31 of Appendix 3 to the Arrangements (Procedure and Powers of the Corporate Governance and Standards Committee and Hearings Sub-Committee): “The Monitoring Officer will also arrange for a decision notice to be published as soon as possible on the Council’s website, including a brief statement of facts, the provisions of the code engaged by the allegations, the view of the Independent Person, the reasoning of the decision-maker, and any sanction applied..”

(CSPL Best Practice Recommendations 2, 8, and 9 refer).

(6)   That no change be made to the Arrangements in respect of CSPL Best Practice Recommendation 6: that councils should publish a clear and straightforward public interest test against which allegations are filtered.

(7)   That the Council notes that the role of the Monitoring Officer includes providing advice, support and management of investigations and adjudications on alleged breaches to parish councils within the remit of the principal authority, and agrees that the Monitoring Officer should be provided with adequate training, corporate support and resources to undertake this work (CSPL Best Practice Recommendation 12 refers).

Reasons:

·       To address various corporate governance and ethical standards related concerns raised by councillors.

·       To address the Best Practice Recommendations of the Committee on Standards in public Life in their report Local Government Ethical Standards (January 2019)