To consider the report.

The Panel considered the report regarding the best practice for councillor standards in public life.

The Monitoring Officer informed members that in January 2019 the Committee on Standards in Public Life published a report on the review carried out of the current national standard arrangements for Councillors.  The report contained a set of best practice arrangements and suggested that each local authority compare its current arrangements against the list.  These are set out in the Appendix to this report.

The report recommended that the Panel noted the report and recommended that the Monitoring Officer, in consultation with the Chairman of the Panel, makes suggested changes to the Council’s Code of Conduct and complaints process.  These changes would then be brought to another Panel meeting prior to any changes to the constitution.

Cllr Hilton asked if there were more complaints then there used to be and questioned the statements that with regards to Disclosable Pecuniary Interests there could be criminal offences.  The Panel were informed that there had only been one Cllr nationally prosecuted under the Localism Act pecuniary interest offence, a Cllr Flower from Dorset.  With regards to complaints this was dealt with in the next agenda item, however over the last 18 month there had been an increase in complaints mainly due to the local elections and an increase in new Cllrs who may not be aware of the guidelines about social media.

Cllr Jones mentioned that with regards to social media it was very easy for a Cllr to be involved in a conversation they had no intention of doing or being accused of not engaging. 

Cllr Del Campo questioned that for code of conduct complaints when were they published and asked about the review process and member involvement.  The Panel were informed that before a decision was made everything was treated as confidential and the only sanctions under the code was to publish a decision notice on the website.  With regards to reviewing complaints as Members owned the councils code of conduct it would be for Members to decide if they were going to be part of the process.

Cllr Bateson asked who our Independent Person was and was informed he was Mr Peter Frank Hills.

Cllr Del Campo suggested that the nature of the consultation on any complaints should be included within the report to show that there was no political bias. 

Cllr Jones mentioned that she had already raised concern about members being involved in the evaluation process unless the was representation from different parties. We needed to ensure there would be no bias. 

Cllr Baldwin mentioned that a cllr may have a history of complaints made against them that were not investigated after the initial stage, knowing a history built up a pattern that would help with the decision making process.  The Panel were informed that there may be an instance were a Cllr had made comments on social media prior to being elected and thus they should not be taken into account when they became a Cllr, each case should be taken on their own merits.

Cllr Hilton said that Cllr needed to be fair and leave any bias behind when on appeals panels.  Cllr Baldwin also felt that the process had to be seen to be fair.

Cllr Del Campo said it was important to increase confidence in our standards but an increased confidence in the system could also see an increase in complaints made.  The Panel were informed that it was important to have confidence in our standards and systems but we also needed to have an acceptable fresh hold as a standards complaint can be time-consuming and upsetting for the Cllr.

Resolved unanimously: That the Employment and Member Standard Panel:

i)             Notes the report of the Committee on Standards in Public Life.

ii)            Delegates to the Monitoring Officer, in consultation with the

Chairman of the Employment and Member Standards Panel, to draft changes to the Council’s Code of Conduct and complaints process. The draft changes will be brought back to the Panel with a further recommendation to formalise them into the Constitution via a report to full Council.