To consider a report of the
Corporate Director – Legal and Democratic Services and Monitoring Officer.
Minutes:
The
committee considered a report which set out the Member Complaint process and
the terms of reference for an Audit and Governance Assessment Sub-committee and
an Audit and Governance Hearings Sub-committee.
The sub-committees would meet to consider Code of Conduct complaints
received against councillors of the Dorset Council and parish and town
councillors serving on 163 parish and town councils. The Corporate Director (Legal and Democratic)
and Monitoring Officer took the committee through the detail of the report
including the need for complaints to be received in writing and not be
anonymous, the level of detail expected from a complainant and the initial
filtering that would take place in respect of complaints received including the
use of appointed Independent Persons in this process. The process could be reviewed if necessary in
future in order to ensure that it remained proportionate and workable.
It
was noted that reports on the agenda for the Assessment Sub-committee would be
treated as exempt in order to give the hearing the freedom to choose how the
deal with the consideration of the complaints, at the early stage of the
process. In the later stages of the
complaints process, it would be usual for hearings to take place in public.
In
response to a question it was noted that a person being complained about would
be informed by the Monitoring Officer when the complaint was received.
A
discussion was held as to how councillors would be selected for the
sub-committees and the issues around having named sub-committees established
versus selecting councillors each time a sub-committee was required from the
membership of the Audit and Governance Committee. A number of views were expressed in support
of both methods. Following this discussion
it was agreed as follows
Decision
That
the proposal to establish 4 sub-committees of named members of the Audit and
Governance in order to undertake the Assessment and Hearings Sub-committees be
agreed as follows:
Sub-committee
1
Councillors
Matt Hall, Noc Lacey-Clarke
and Bill Pipe
Sub-committee
2
Councillors
Richard Biggs, Simon Christopher and Brian Heatley
Sub-committee
3
Councillors
Matt Hall, Mike Parkes and Susan Cocking
Sub-committee
4
Councillors
Richard Biggs, Bill Trite and David Gray
Substitutes can be
appointed from the membership of the Audit and Governance Committee.
Councillors
considered the issues arising from the report and during discussion the
following points were raised:
·
The report proposed that there would be no right of appeal against a
decision of the Hearings Sub-committee and the committee held a discussion as
to whether this was considered an appropriate clause to include. The Monitoring Officer explained the previous
experience that had been gained from investigating Code of Conduct complaints,
where some complaints had taken up to two years to go though the process. It was also noted that if an appeals process
was available, this would require a further sub-committee of three councillors
·
A point was raised that there was a need to set out the stages of the
process but draw a line at the appropriate time
·
The remedies that were available were set out in the report
·
There was a general level of agreement to continue without a right of
appeal against a decision of the Hearings Sub-committee but it was noted that
this could be reviewed at a later date if it was felt necessary
·
Any complaint that involved an allegation of a breach of the
legal requirements in relation to disclosable pecuniary interests would be
referred automatically to the Police and would not be within the Terms of
Reference of the Assessment Sub-Committee and the process. In particular, the
Monitoring Officer would not seek to filter such complaints and test whether an
offence has been committed as these were matters for the Police.
It
was proposed by Mike Parkes seconded by David Gray
Decision
That
the Audit and Governance Committee:
1.
Agree the Member Complaint Process as appended to the report
2.
Agree the terms of reference for an Audit and Governance Assessment
Sub-committee and an Audit and Governance Hearings Sub-committee as set out in
section 6 of the report.
Supporting documents: