Joint Standards Assessments Sub-Committee	19 October 2022
Report of the Deputy Monitoring Officer

Code of Conduct Complaint received in respect of a City of York Councillor

Summary

1. To consider a Code of Conduct complaint received in respect of a City of York Councillor and to determine next steps in accordance with the procedure for handling received Code of Conduct Complaints.  

Background

2. The Monitoring Officer has received a complaint in respect of a City of York Councillor and it is necessary for the same to be considered in accordance with the Council’s published procedure for the handling of the complaint received in respect of alleged breach of the Code of Conduct.

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

Role of the Sub Committee

4. The Procedure for initial assessment by the sub-committee calls for the report of the Monitoring Officer or DMO to set out matters to be considered. These are:

a. the views of the Independent Person;

b. the non-exclusive assessment factors set out at Paragraph 10 of the case handling procedure;

c. the comments received from the subject member in response to the complaint; and

d. relevant factual material.

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

a. that no further action is required;

b. that the matter should be referred for formal investigation; or

c. that some form of informal resolution should be carried out.

6. The sub committee must produce a decision notice and notify the parties within 3 working days. 

Implications

Financial

7. Not applicable to this report.

Human Resources (HR)

8. Not applicable to this report.

Equalities

9. The City of York Councillor who is the subject matter of this complaint has been offered and has received 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 and Property

11. Not applicable to this report.

Recommendations

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

a.  that no further action is required;

b.  that the matter should be referred for formal investigation; or

c.  that some form of informal resolution should be carried out.

Author: Frances Harrison Head of Legal Services & Deputy Monitoring Officer Chief Officer responsible for the report: Bryn Roberts Director of Governance & Monitoring Officer
01904 555385
	Report Approved	√	Date	11 October 2022
Specialist Implications Officer(s):
Wards Affected:					All	√
For further information please contact the author of the report

Background Papers:

· City of York Council Constitution