Complaint about a Councillor - Standards Sub-Committee

Procedure

Quorum

  • Three Members must be present throughout the hearing to form a quorum.
  • Members will be drawn from the Audit & Risk committee however any member may be called to join the sub-committee subject to having received appropriate training.
  • The Sub-Committee shall nominate a Chair for the meeting.

Opening

  • The Chair explains the procedure for the hearing and reminds all parties to turn off mobile phones, audible alarms and pagers etc.
  • The Chair asks all present to introduce themselves
  • The Councillor (or their representative) will be asked whether they wish to briefly outline their position.

The Complaint

  • The Investigating Officer shall be invited to present their report including any documentary evidence or other material (and to call witnesses as required by the Investigating Officer). This report and documentary evidence must be based on the complaint made to the Council – no new points of complaint or evidence which post-dates the Investigation Report shall be allowed without the consent of the Sub-Committee.
  • The Councillor against whom the complaint has been made (or their representative) may question the Investigating Officer upon the content of their report and any witnesses called by the Investigating Officer. (This is the Councillor’s opportunity to ask questions rising from the Investigators report and not to make a statement).
  • Members of the Sub-Committee may question the Investigating Officer upon the content of their report and/or any witnesses called by the Investigating Officer.

The Councillor's case

  • The Councillor against whom the complaint has been made (or their representative) may present their case (and call any witnesses as required by the Councillor or their representative).
  • The Investigating Officer may question the Councillor and/or any witnesses.
  • Members of the Sub-Committee may question the Councillor and/or any witnesses.

Summing Up

  • The Investigating Officer may sum up the Complaint.
  • The Councillor (or their representative) may sum up their case.

Decision

  • Members of the Sub-Committee will deliberate in private to consider the complaint in consultation with the Independent Person prior to reaching a decision.
  • Upon the Sub-Committee’s return the Chair will announce the Sub-Committee’s decision in the following terms:
    • The Sub-Committee decides that the Councillor has failed to follow the Code of Conduct or;
    • The Sub-Committee decides that the Councillor has not failed to follow the Code of Conduct.
    • The Sub-Committee will give reasons for their decision.
  • If the Sub-Committee decides that the Councillor has failed to follow the Code of Conduct the Panel will consider any representations from the Investigator and/or the Councillor as to:
    • Whether any action should be taken and;
    • What form any action should take
  • The Sub-Committee will then deliberate in private to consider what action if any should be taken in consultation with the Independent Person.
  • On the Sub-Committee’s return the Chair will announce the Sub-Committee’s decision (in relation to a Parish Councillor a recommendation to the Parish Council).
  • The Sub-Committee will consider whether it should make any recommendations to the Council or in relation to a Parish Councillor to the Parish Council with a view to promoting high standards of conduct among Members.
  • The Chair will confirm that a full written decision shall be issued within 7 working days following the hearing and that the Sub-Committee’s findings to be published.

Functions and powers of the Standards Sub-Committee

 

 


Last Updated on Tuesday, October 20, 2020