Public Report

 

 

Joint Standards Assessments Sub-Committee

 

 

 

 

30 November 2023

Report of the Deputy Monitoring Officer

 

Complaints received in respect of Parish Councillors

 

 

Summary

 

1.   To consider two complaints of breach of the Code of Conduct received in respect of two Parish Councillors and to determine next steps.

 

Recommendations

 

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

 

a.   Rule that one or both complaints are out of scope.

 

b.   Rule that one or both complaints are in scope and choose to (i) take no further action, (ii) seek to resolve the matter(s) informally; or (iii) refer the matter(s) for investigation

 

 

Background

 

The Monitoring Officer received a complaint on 30 October 2023 against two members of a parish council alleging breaches of the code of conduct. The JSC Assessment Sub Committee is asked to assess the two complaints in accordance with paragraph 5 of the Case Handling Procedure as contained within Appendix 29 of the Constitution.

 

The subject members have been notified of the complaints and were offered an opportunity to submit comments. The Independent Person was consulted on both complaints and their views will be reported to the Sub Committee.  

Options

 

The Sub-Committee must now consider the following options:

 

a.   Rule that one or both of the complaints are out of scope.

 

b.   Rule that one or both of the complaints are in scope and choose to (i) take no further action, (ii) seek to resolve the matter informally; or (iii) refer the matter for investigation. 

 
Implications

 

(b)There will be costs incurred in the event that the matter progresses to investigation.

 

Human Resources (HR)

 

(c)  Not applicable to this report.

 

Equalities

 

(d)Councillors are offered the support of an Independent Person as part of the Complaints Handling Procedure.

 

Legal

 

(e)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

 

(f)   Not applicable to this report.

 

Other

 

(g)Not applicable to this report.

 

 

 

 

 

 

Contact Details

 

Author and Officer Responsible for the report:

 

Lindsay Tomlinson

 

 

Deputy Monitoring Officer

 

Tel No. 07591 337143

 

 

 

 

Report Approved

X

Date

21 November 2023

 

 

 

 

 

 

 

 

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

·        https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#respect