Agenda item

The Committee

AGREED        to

A)   Resolve that all ongoing cases be subject to a requirement of confidentiality by all participants in the process until such time as the case is concluded.

B)   Resolve that, where a conclusion has been reached that the code of conduct has not been breached, the identity of the councillor remains confidential, unless the councillor wishes otherwise.

C)   Resolve that where a conclusion has been reached that the code of conduct has been breached but that no hearing is necessary due to summary resolution that the investigation report will be published when the case is reported back to the committee.

D)   Resolve that where a conclusion has been reached that the code of conduct has been breached and that summary resolution is not appropriate/ possible that the investigation report will remain confidential until such time as the hearing into the complaint takes place, at which stage it will be published.

The Monitoring Officer presented this item, which updated members on the complaints cases that had been dealt with under the transition arrangements set out in the Localism Act 2011 and complaints that had been made since 1 July 2012. The report also asked the Committee to set new procedures concerning the confidentiality requirements of the complaints process.

It was noted that details of a confidential investigation had been made public in the media and the Committee agreed that all ongoing cases should be subject to a requirement of confidentiality by all participants in the complaints process until such time as the case is concluded. The Committee also agreed that where it had been concluded that the code had not been breached that the identity of the councillor should remain confidential unless that councillor wished to make the findings public.

It was understood that under the rules agreed by Council it was not within the Committee’s remit to alter or reject the findings reached by the Monitoring Officer and the Independent Person alleged breaches of the Code of Conduct. The Committee’s role was to receive reports for information only unless it was considered that a complaint should go to a hearing, when a Hearing Panel would be appointed. The Chairman stated that he would not permit the complainant or the subject member to address the Committee on the specific findings of an investigation, as it was not the Committee’s role to re-open a concluded investigation.

It was noted that with regard to case 4934, volumes 2 and 3 had not be included in the report. The Monitoring Officer assured the Committee that all the information relevant to the reporting of the case for the information of the Committee had been contained in the investigation report in the agenda. Appendices to an investigation report would not be reported back to the Committee unless a hearing panel was appointed and the panel wished to consider information contained in any appendices.

The Committee

NOTED

A)   The conclusions made with regard to the concluded cases 4929, 4934 and 35/36/38/39.

B)   The progress being made on other outstanding complaints.

The Committee

AGREED        to

A)   Resolve that all ongoing cases be subject to a requirement of confidentiality by all participants in the process until such time as the case is concluded.

B)   Resolve that, where a conclusion has been reached that the code of conduct has not been breached, the identity of the councillor remains confidential, unless the councillor wishes otherwise.

C)   Resolve that where a conclusion has been reached that the code of conduct has been breached but that no hearing is necessary due to summary resolution that the investigation report will be published when the case is reported back to the committee.

D)   Resolve that where a conclusion has been reached that the code of conduct has been breached and that summary resolution is not appropriate/ possible that the investigation report will remain confidential until such time as the hearing into the complaint takes place, at which stage it will be published.