Joint Standards Assessments Sub-Committee Public Report	9 December 2021
Report of the Monitoring Officer

Code of Conduct Complaint received in respect of City of York Councillors

Summary

1. To consider a Complaint in respect of the Code of Conduct received in respect of 3 City of York Councillors and determine next steps.

Recommendations

2. The options available to the Sub-Committee are as follows:

1) Rule that the complaint in respect of the Councillors does not fall within the remit of the Code of Conduct.  This will mean that no further action is taken and the matter is brought to a close.

2) Rule that the Complaint should progress to an investigation.  This will mean that the Monitoring Officer will appoint an Investigating Officer in accordance with the Procedure for handling of Complaints.  Members will be asked for a view as to who may conduct such an investigation, including whether the investigation should be conducted internally, or whether an external body is instructed.

Background

3. On 6 October 2021 the Monitoring Officer received a complaint alleging that 3 City Councillors had breached the Code of Conduct.

4. The Monitoring Officer has requested a meeting of the Sub Committee of the Joint Standards Committee to determine if the Complaints received should be investigated.

5. The complainant alleges that the Councillors have been disrespectful.

Options

6. The Sub-Committee must now consider the following options:

a. The Complaint in respect of the Councillors does not fall within the remit of the Code of Conduct.  This will mean that no further action is taken and the matter is brought to a close.

b. The Complaint should progress to an investigation.  This will mean that the Monitoring Officer will appoint an Investigating Officer in accordance with the Procedure for Handling of Complaints.  Members will be asked for a view as to who may conduct such an investigation, including whether the investigation should be conducted internally, or whether an external body is instructed.

Implications

Financial

7. Not applicable to this report.

Human Resources (HR)

8. Not applicable to this report.

Equalities

9. The Councillors have been offered the support of an Independent Person as part of this process.

Legal

10. The Monitoring Officer is required to consider all formal complaints received in respect of the Code of Conduct in line with the published Procedure for managing Code of Conduct Complaints.

Crime and Disorder, Information Technology (IT) and Property

11. Not applicable to this report.

Other

12. Not applicable to this report.

Contact Details

Author:	Chief Officer Responsible for the report:
Rachel Antonelli Head of Democratic Governance & Deputy Monitoring Officer Tel No. 01904 551043	Janie Berry Director of Governance & Monitoring Officer Tel No. 01904 555385
	Report Approved	√	Date	23 November 2021
Wards Affected:  All					All	√
For further information please contact the author of the report

Background Papers:

· City of York Council Code of Conduct and Procedure for Handling of Complaints

· City of York Council Constitution