Agenda item

Update from the Monitoring Officer on the Handling of Complaints

Minutes:

Consideration was given to a report, presented by the Monitoring Officer, containing an update of the handling of complaints of breaches of the Code of Conduct. Specific cases referred to were:-

 

(a) A complaint that a member of the public has been assaulted by a Parish Councillor following the conclusion of an Annual Parish Meeting. A Panel had convened on 20th November, 2014, to hear the complaint.  The case had been adjourned after consideration of a number of procedural issues and the hearing is to be rescheduled. 

 

(b) A complaint that a Parish Councillor had disclosed confidential information. The Parish Councillor has been asked for formal comments with regard to this complaint. The Monitoring Officer will later resolve, with advice from the Independent Person, how this matter should proceed.

 

(c) A complaint that a Borough Councillor had breached the Code of Conduct in a number of ways, including having committed misconduct in public office. The complainants were asked for further details regarding their complaint and this information has not been received.  Accordingly the Monitoring Officer proposes to close this file.

 

(d) A complaint from a member of the public that a Parish Councillor had incorrectly taken the chair at a meeting. After discussion with the Independent Person, this matter was not proceeded with as the Monitoring Officer took the view that the allegation did not reveal a breach of the Code of Conduct. 

 

(e) A complaint that a Parish Councillor had manipulated the start time of a meeting and used the member’s position to confer an advantage. The member concerned has provided written details in response to this allegation.  The matter has been referred to the Independent Person, to determine the way in which it should proceed.

 

(f) A complaint that a Parish Councillor has behaved offensively.  The Parish Councillor has been asked, for the second time, to provide a written response to enable the Monitoring Officer to consider this matter at a preliminary stage.

 

(g) A complaint that a Borough Councillor inappropriately failed to exercise his discretion at a meeting. The Monitoring Officer considered that the complaint revealed no breach of the Code of Conduct and the matter has now been closed.

 

(h) A complaint that a Borough Councillor has acted inappropriately with regard to a commercial concern. This complaint has been referred to the Independent Person, for his consideration. The Independent Person has responded and the Monitoring Officer is making a further enquiry.

 

(i) A complaint from a member of the public that two Parish Councillors had exhibited poor behaviour at a meeting. After discussion with the Independent Person, this matter has been referred for informal resolution.

 

(j) A complaint that a Parish Councillor has abused a process.  This complaint has been referred to the Independent Person for consideration

 

(k) A complaint regarding the manner in which filming of a meeting was undertaken by a Parish Councillor.  The Monitoring Officer did not investigate the matter as it did not appear to be a beach of the Code of Conduct, but did provide general advice to the Clerk of the Parish Council and the Councillor who had conducted the filming.

 

The Standards Committee discussed the limited effectiveness of the sanctions available in cases where elected representatives are found to be in breach of the Code of Conduct. The Monitoring Officer was asked to provide a report on this issue at this Committee’s next meeting.

 

Resolved:-  (1) That the report be received and its contents be noted.

 

(2) That the various actions being taken in response to each complaint be noted.

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