Agenda item

Complaints Update

The Committee will receive the Monitoring Officer’s update regarding standards complaints.

Minutes:

The Committee had before it the Monitoring Officer’s update on existing and new conduct complaint cases.

 

TENDRING DISTRICT COUNCIL MONITORING OFFICER UPDATE OCTOBER 2024

 

Council

Complainant

Current status

Final outcome

Comments

Existing Cases from last update:

 

Council

Complainant

Current status

Final outcome

Comments

DISTRICT

METROPOLITAN BOROUGH COUNCILLOR

CLOSED

Standards Hearing – determined breach of Code of Conduct – Committee sanctions published on Council’s website

Matter related to behaviour whilst acting in an official capacity.

DISTRICT

PUBLIC

CLOSED

Investigation – no further action

Matter related to behaviour whilst acting in an official capacity and misuse of Council resources.

PARISH

PARISH COUNCILLOR

ONGOING – INFORMAL RESOLUTION AND TRAINING

 

Matter related to behaviours within the Parish Council between multiple Councillors.  Informal resolution and Code of Conduct training arranged.

TOWN

PUBLIC

ONGOING - INVESTIGATION

Investigation – externally appointed Investigator

Matter related to behaviour whilst acting in an official capacity.

DISTRICT

PUBLIC

CLOSED

No further action

Matter related to behaviour whilst acting in an official capacity.

PARISH

PUBLIC

ONGOING

 

Matter related to behaviour whilst acting in an official capacity.

DISTRICT

PUBLIC

ONGOING

 

Matter related to behaviour whilst acting in an official capacity and behaviours between District Councillors.

DISTRICT

PUBLIC

ONGOING

 

Matter related to behaviour whilst acting in an official capacity.

 

New Cases since last update – Seven.

 

 

General Notes – 2023/24 and 2024/25 Summary: 

 

Overall eight cases had been received in 2023/24 and seven so far in 2024/25.  Since the last update, one case had been heard at a Standards Hearing, one had been referred for investigation resulting in no further action as there had not been a breach of the Code of Conduct and another had been closed with no further action, again with there not being a breach of the Code of Conduct. 

 

The other cases remained ongoing, with one being referred for investigation with an externally appointed investigator and one being referred for informal resolution and Code of Conduct training.

 

Since the last update, two Code of Conduct sessions had been conducted at Harwich Town Council and at St. Osyth Parish Council, which had been open to all Town and Parish Councillors across the District.  Those sessions had been well attended with good engagement which had led to useful discussions.  A dedicated session had also been held at Brightlingsea Town Council.

 

Requests for dispensations: 

 

There had been five requests for dispensations during this period.

 

 

In response to a question previously raised by Councillor Oxley, and following the Standards Hearing in May 2024 at which Councillor Turner had been found to have breached the Members’ Code of Conduct and sanctions had been imposed upon Councillor Turner, the Monitoring Officer informed the Committee that she had written on two occasions to Councillor Turner to follow up on those sanctions i.e. to arrange a reflective 1.1 session around learning from the complaint and also that Councillor Turner was required to issue an apology both to this Council and the Coastal SIG.

 

The Monitoring Officer further reported that, to date, no response had been forthcoming from Councillor Turner. Whilst Councillor Turner had not yet been re-appointed either to membership of a Committee (by Full Council) or to an Outside Body (by the Leader of the Council), it was the case that, by not complying with the sanction(s) imposed on him following the Committee’s finding that he had breached the Code of Conduct, Councillor Turner was now in breach of paragraph 8.4 of the Members’ Code of Conduct.

 

In discussing the above members of the Committee felt that:-

 

(i)     this was a test of the effectiveness of the Council’s Code of Conduct and its ability to sanction breaches;

 

(ii)    it was defying and undermining the Committee’s role to:-

 

·      Promote and maintain high standards of conduct;

·      Develop culture of openness, transparency, trust and confidence;

·      Embed a culture of strong ethical and corporate governance;

 

(iii)  this was a further breach of the Code of Conduct; and that

 

(iv) the Committee’s original sanctions imposed on Councillor Turner had been reasonable and proportionate.

 

It was thereupon moved by Councillor Talbot, seconded by Councillor Oxley and:-

 

RESOLVED that –

 

(a)    the contents of the Monitoring Officer’s Complaints Update be noted; and

 

(b)    the Chairman of the Committee writes to Councillor Turner to inform him that his non-compliance with the two sanctions imposed upon him by Members has been discussed by the Committee who find this position to be unacceptable. That letter will further inform Councillor Turner that Officers have been requested to take steps to fix firm a date/deadline for Councillor Turner to now comply and that if he fails to do so the Council would find itself considering a further complaint as to Councillor Turner’s non-compliance which is in itself a continuing breach of paragraph 8.4 of the Council’s adopted Members’ Code of Conduct.

Supporting documents: