Agenda item

Part 13 Code of Conduct

Part 3 Meeting Procedure Rules

Purpose: to update the Committee on the work undertaken by the Constitution Review Task Group and to propose the approval of the proposed Constitutional updates detailed within the report.

The Committee considered a report (Agenda Item 3) concerning proposed Constitutional changes.

The Service Lead for Legal and Democratic Services introduced the report and highlighted that it was the result of the work of the Constitution Review Task Group who had been working to update and amend the constitution. This report focused on Part 13 of the constitution, relating to codes and protocols, and proposed several substantial changes.

Notably, an initial assessment stage by the Monitoring Officer (MO) was proposed. This would allow the MO to review complaints and ensure that all of the evidence required was provided, and that they relate to the Code, before being progressed. In addition, it was proposed that the advisory panel stage would be removed. These amendments were suggested in order to reduce the processing time for complaints and remove any steps that did not provide significant added value.

Other proposals included combining all codes relating to Members into one appendix, and therefore deleting all the others, enabling the Leader to make an annual report to Council whilst giving allowances for the opposition to respond, and increasing speaking rights from three to five minutes. All other changes were suggested in order to bring the Code more in line with the model Code and the Nolan Principles.

Members thanked the Constitution Review Task Group and Officers for their work on the proposed amendments. A series of minor grammatical amendments were proposed and the Service Lead for Legal and Democratic Services indicated that recommendation E in the report would allow for these amendments to made outside of the Committee meeting. She encouraged any Member with these types of minor amendments to submit them to her.

In response to a question about the purpose for the report, and if it was a result of a faulty process being identified, the Service Lead for Legal and Democratic Services indicated that the Constitution was under constant review, and this was the next section that was due for reconsideration. She assured the Committee that the process was effective but that recent standards complaints had provided the Council with opportunities to learn and improve its processes.

There was discussion about the potential timescale for responses, and that there was a lack of clarity about what would happen should a subject Member or complainant not be able to meet a deadline for a good reason. In response, the Service Lead for Legal and Democratic Services indicated that the MO had previously allowed for extensions to the deadlines if it was considered reasonable, but that this could be explicitly added into the document. The Committee agreed that additional wording should be added to any timescale outlined in the document which would allow for an extension if a reasonable excuse was provided.

On the proposed wording on point 10.1 (iii), Members agreed that this should be simplified to indicate that the meeting will be adjourned if the subject member/complainant provided a valid reason, if no valid reason was provided, then it would proceed.

The Committee welcomed the removal of the advisory panel stage, the ability to dismiss politically motivated complaints at an early stage, and the attempt to shorten the time taken to deal with standards complaints. Despite some Members highlighting concerns about the historic consistency that the Council had handled complaints, they were assured that the proposed amendments would bringing the Council more in line with the Model Code. This would give the Council greater access to existing guidance and examples that could be used to ensure a consistent approach was taken. Members also noted that the Governance Committee were the final arbiters of standards complaints, so that they would always have that oversight.

Members discussed the role of the Independent Members and Independent Investigator in the complaints process. The Monitoring Officer and Interim Executive Director (Resources) clarified that Independent Members have not attended complaints hearings, as this is the role of the Independent Investigator who put together the report. In addition, she indicated that the Council was looking for suitably qualified candidates but that they were constrained due to a lack of budget.

The Committee noted the revised flowchart outlining the complaints process but agreed that this should include the ‘pre-assessment’ stage wording that was used in the body of the report to ensure a consistent approach was taken throughout the Constitution.

Overall, as the Committee were satisfied with the report, they agreed to approve the recommendations, subject to the agreed amendments: that added wording be included when a deadline was proposed allowing for an extensions should a reasonable excuse be provided, that point 10.1 (iii) be clarified, and that the flow charts match the wording in the body of the constitution, such as including the preassessment stage.

RESOLVED: That following amendments are recommended to Council for approval:

(a)      Part 13 Code of conduct Appendix A be deleted.

(b)      Part 13 Code of conduct Appendix E be adopted as set out in Appendix A to the report subject to the agreed amendments by the Governance Committee. 

(c)      Part 13 Code of conduct Appendix G be deleted.

(d)      Part 13 Code of conduct Appendix H be adopted as set out in Appendix B to the report.

(e)      Delegates to the Monitoring Officer in consultation with the Chairman of the Constitution Review Task Group the power to update Parts 13 of the Constitution to ensure that this reflects the new rules, and to make any minor additional corrections to the parts of the Constitution to ensure consistency in terminology and presentation.

(f)       That the updated version of Part 3 - Meeting Procedure Rules be adopted.

(g)      Agrees that the changes to the Constitution detailed in this report, take effect from 1 April 2025.