Code of conduct
The council has a code of conduct governing the conduct of its councillors and co-opted members. If you feel that a councillor or co-opted member has acted in breach of the code of conduct you can register a complaint.
The councillor code of conduct is Part 4, Section 15 in the council constitution.
Councillor complaints process
Consideration of complaints
Local authorities must have arrangements in place for dealing with complaints that councillors or co-opted members have breached the code of conduct. The main elements of these arrangements are that:
- upon receipt of a complaint the Monitoring Officer will consult the Independent Person (or their reserve) and decide whether:
- to take no action
- the complaint merits investigation
- to seek to resolve the matter without formal investigation
- if the matter is referred for investigation the Monitoring Officer will appoint an investigator who will produce a report for the Monitoring Officer
- if there is no evidence of a failure to comply with the code the matter will be closed
- if there is evidence of a failure to comply with the code the Monitoring Officer will either:
- seek to resolve the matter following consultation with the Independent Person; or
- refer the matter for a hearing before a Code of Conduct Panel to reach a view as to whether there has been a breach of the code and if so, what sanctions to impose
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Code of Conduct Panels
Each Code of Conduct Panel is made up of 4 members of the Governance and Audit Committee, one of whom will be an independent co-opted member. The Independent Person (or their reserve) will be present at the hearing to advise the Panel.
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Sanctions
The sanctions which may be imposed by a Code of Conduct Panel if there is found to be a breach of the code are:
- to report its findings to council for inclusion on a council agenda
- to issue a press release with its findings
- to instruct the Monitoring Officer to arrange appropriate training
- to require the councillor or co-opted member to issue a written apology to the complainant in an open letter
- to recommend that the council issues a formal censure (for example through a motion at a council meeting)
- to recommend to the relevant group leader (or in the case of ‘ungrouped’ councillors or co-opted members, to recommend to council or to committees) that the councillor or co-opted member is removed from any or all committees or sub-committees
- to recommend to the Leader of the Council that the councillor is removed from the Executive, or removed from particular portfolio responsibilities
- to recommend that the councillor is removed from any or all outside appointments to which they have been appointed or nominated by the Leader of the Council
- to refer the matter to the party whip in order for the political group to consider whether to take action under its own procedures
The Code of Conduct Panel has no power to suspend or disqualify a councillor or co-opted member or to withdraw their allowance.
Outcome
The Code of Conduct Panel’s decision will be published on the council’s website and reported to the Governance and Audit Committee, which is responsible for the ethical conduct of borough and parish/town councillors and co-opted members within the borough.
Corporate governance
Governance has been defined in the following terms:
Governance is about how local government bodies make sure that they are doing the right things, in the right way, for the right people, in a timely, inclusive, open, honest and accountable manner.
It comprises the systems and processes, and cultures and values by which local government bodies are directed and controlled and through which they account to, engage with and, where appropriate lead their communities.
(Source: 'Delivering Good Governance in Local Government' published by CIPFA/SOLACE)
The council has adopted a local code of governance which gives an overview of the council’s arrangements for governance. Each year the council approves an annual governance statement which appraises and considers improvements to the council’s governance arrangements.
The way in which the council operates (who makes decisions and how decisions are made) are set out in the council’s constitution, which also contains the codes of conduct and protocols which members and officers of the council are expected to observe.
Governance and audit committee
The council has established a group of members in connection with corporate governance; the governance and audit committee. This committee has responsibility for:
- overseeing the council’s audit arrangements (internal and external) and risk management
- monitoring and reviewing the council’s governance arrangements
- approving the council’s statement of accounts
- considering amendments to the council’s constitution and making recommendations to full council accordingly
- considering standards issues
Complaints that a member has failed to keep to the code of conduct for members are considered by a Code of Conduct Panel. If you have any observations or queries on the council’s governance arrangements or you should wish to make any suggestions for improving them, please contact us.
Make a complaint
You can register a complaint about a councillor using our online form.