To receive a report from the Director of Legal and Democratic Services.

The Director of Legal and Democratic Services updated the committee on the complaints that had been received during the municipal year. Over the course of the year two complaints had been received.

One concerned a member’s behaviour, which accused the member of bullying, harassment and possible misuse of position. The complaint had been considered by the Monitoring Officer and Independent Persons and they had concluded that if the matters had occurred, as stated within the complaint, it would have been a breach of the code of conduct. However, it was felt that such a breach would be a minor breach of the code of conduct. On this basis it was decided that an apology from and additional training for the Councillor in question were sufficient measures and that there was no need for a full investigation. It was confirmed that other than to undertake a full investigation, no further sanctions to resolve this issue were available to the Council.. The Committee were told that the complainant was not fully satisfied by the outcome.

A Committee Member asked about the complaint process undertaken and why the complaint was not brought to the Committee. In response the Director of Legal and Democratic Services explained the process by which matters are considered looks at the code of conduct and also whether the complaint, if true, would result in a breach the code of conduct. The process then requires consideration of seriousness of any such breaches and also the options available to the Council to resolve the issue. It was re-emphasised that when this complaint was considered the actions of the Councillor, if true, did amount to a breach of the code but that it was decided that the actions amounted to  minor breaches of the code and thus the remedy offered was a sufficient measure.

Another Member enquired as to whether this incident would be considered if any further complaints were made about the Councillor in question. The Director of Legal and Democratic Services responded that all previous conduct was taken into account when considering complaints. 

The second official complaint which had been received was about the behaviour of one member to another during a public Committee meeting. The complaint was still in the early stages and the Director of Legal and Democratic Services was waiting to review relevant information. Following that the Director of Legal and Democratic Services informed the Committee that the independent person would be consulted.

The Committee were informed that Councillor Sephton had been charged and convicted of a Criminal offence. It was confirmed that following his convictions, he had been disqualified from being a Councillor. It was also confirmed that the Council were awaiting official confirmation that no appeal of the conviction had been made. If the disqualification had occurred at a different part of the year a by-election would have been triggered. However, it was confirmed that the election of Councillor Sephton’s replacement would be part of the year’s local elections.

RESOLVED:

1)    That the update be noted.