Agenda item

This report brings forward revised Local Assessment Procedure and Assessment Panel Procedure documents for Councillors that take into account lessons learned over the 12-month period since the procedures were last reviewed at the Committee’s meeting on 23 February 2023, and which builds in any areas of best practice and the Monitoring Officer’s advice to the Committee.

[20 Minutes]

          Upon the invitation of the Chair, the Monitoring Officer introduced the report to Committee. He explained the Local Assessment Procedure and Assessment Panel Procedure governed the entire process of Member complaints, including for Town and Parish Councils. This report brought forward revised Local Assessment Procedure and Assessment Panel Procedure documents.  It reflected lessons learned over the 12-month period since the procedures were last reviewed at the Committee’s meeting on 23 February 2023, and also best practice.

The amendment to the Local Assessment Procedure in the report was to extend the initial assessment period from 20 working days to 30 working days. The current period was restrictive and the Monitoring Officer felt it was difficult to turn around the initial assessment within 4 weeks. He explained the timescale he followed and he gave a recent example in which the subject member had provided their views at the end of the allocated 2 week period, the Monitoring Officer then had to go back with questions which the subject member needed time to respond to, which would impact on the timeframe. The Monitoring Officer had looked at best practice and what other authorities were doing, and he felt a 6 week period would be helpful and reasonable.

The Monitoring Officer updated that following conversations with an Independent Person in advance of the meeting, he also wished to add at the end of paragraph 7 of the Local Assessment Procedure (page 26 of the agenda pack) an additional sentence ‘A councillor against whom an allegation has been made has the right to consult the Independent Person should they wish to do so at any stage’. It was also pointed out that this should not be the same Independent Person advising the Monitoring Officer on the complaint.

It was also highlighted that the Monitoring Officer had the right to refer to an officer of another authority and it was suggested that paragraph 3 of the Local Assessment Procedure (on page 25) should include the wording ‘(or an officer of another authority)’ as follows:

The MO may refer the matter to the standards committee to take the decision in his or her place and he or she may delegate the matter to his or her deputy(ies) or another officer (or an officer of another authority) if, for example he or she believes there is a conflict of interest. This power is at the discretion of the MO.

Clarification was sought on why Councillors were referred to as District Councillors in paragraph 6, and Members in all other parts of the Procedures. The Monitoring Officer explained this was because paragraph 6 specifically related to District Councillors, whereas all other parts referred to District, Town and Parish Councillors.

          The recommendations were proposed by Councillor Turner and seconded by Councillor Purser

          The Committee

RESOLVED

1)    That the operation of the Local Assessment Procedure (Appendix A) and Hearings (Assessment Panel) Procedure (Appendix B), including the proposed amendments made by the Monitoring Officer, had been reviewed; and

RECOMMEND TO FULL COUNCIL

2)    That the revised Local Assessment Procedure be adopted.