Agenda item
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.
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TENDRING DISTRICT COUNCIL MONITORING OFFICER UPDATE FEBRUARY 2025
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Council |
Complainant |
Current status |
Final outcome |
Comments |
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Existing Cases from last update:
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Council |
Complainant |
Current status |
Final outcome |
Comments |
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DISTRICT |
METROPLITAN BOROUGH COUNCILLOR – received 18 August 2023 |
Hearing held on 16 May 2024
Sanctions not fully complied with |
Standards Hearing – determined breach of Code of Conduct – Committee sanctions published on Council’s website |
Matter relates to behaviour whilst acting in an official capacity.
Following the meeting of the Standards Committee in October 2024, the Chairman as requested by the Committee wrote to the Subject Member to which no response has been received.
In presenting this item, options available will be covered by the Monitoring Officer during the meeting. |
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PARISH |
PARISH COUNCILLOR – received 08 May 2024 |
CLOSED – 18 Oct 2024 |
Informal resolution |
Matter relates to behaviours within the Parish Council between multiple Councillors. Code of Conduct training conducted, however there may be a need to provide further support. |
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TOWN |
PUBLIC - received 05 Jun 2024 |
ONGOING - INVESTIGATION |
Investigation – externally appointed Investigator |
Matter relates to behaviour whilst acting in an official capacity.
A draft report has been received and submitted to parties for comment. |
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PARISH |
PUBLIC – received 23 Sep 2024 |
CLOSED – 21 Oct 2024 |
No further action |
Matter relates to behaviour whilst acting in a non-official capacity, therefore the Code of Conduct was not engaged. |
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DISTRICT |
PUBLIC – received 30 Sep 2024 |
CLOSED – 28 Oct 2024 |
No further action – decision by former Deputy Monitoring Officer |
Matter related to behaviour whilst acting in an official capacity and behaviours between District Councillors. It was considered there was a lack of evidence to support the complaint proceeding. |
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DISTRICT |
PUBLIC – received 02 Oct 2024 |
CLOSED – 29 Nov 2024 |
No further action |
Matter related to acting within a Ward Member’s responsibility and in accordance with the Council’s Procedures. |
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PARISH |
PARISH COUNCILLOR – received 21 Oct 2024 |
CLOSED – 18 Dec 2024 |
Informal resolution was offered to both parties, but only accepted by one |
Matter relates to behaviour whilst acting in an official capacity and behaviours between Parish Councillors.
The Subject Member attended a reflective session with the Monitoring Officer.
The Complainant did not wish to proceed any further. |
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TOWN |
PUBLIC – received 05 Dec 2024 |
ONGOING |
Investigation to be commenced |
Matter relates to use of social media. |
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TOWN |
PUBLIC – received 05 Dec 2024 |
ONGOING |
Pending |
Matter relates to public statements on the Town Council’s website. |
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PARISH |
PARISH COUNCILLOR – received 18 Dec 2024 |
CLOSED – 07 Jan 2025 |
No further action |
Subject Member resigned from Parish Council. |
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New Cases since last update - four
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General Notes – 2024/25 Summary:
Overall, nine cases had been received so far in 2024/25. Since the last update, one case had resulted in Code of Conduct training being conducted, one remained being investigated by an externally appointed investigator, one had been appointed to an internal investigator, five had been closed with no further action as there had not been a breach of the Code of Conduct and one remained ongoing.
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Requests for dispensations:
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There had been eight requests for dispensations during this period.
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The Monitoring Officer further reported to the Committee an update following, the outcome of the hearing on 16th May 2024, where the Standards Committee made a decision on sanctions as a result of the Code of Conduct being breached by Councillor Turner. Two of these sanctions have not been compiled with, being issuing an apology to Members of the Local Government Association’s Coastal Special Interest Group and undertaking training organised by the Monitoring Officer.
No response had been forthcoming from Councillor Turner to communication from the Monitoring Officer since the meeting in May. The Chairman of the Standards Committee had written to Councillor Turner following the Committee’s resolution in October 2024, requesting him to comply with the sanctions and decisions of the Standards Committee made on 16 May 2024. The letter had also expressed disappointment that it had not been followed up despite communications to that effect. The letter had also included an opportunity to speak to an Independent Persons who had not been involved in the hearing process.
Failure to comply with sanctions recommended by the Standards Committee following a finding of a breach of the Members’ Code of Conduct continues to be a breach in accordance with paragraph 8. However, the Standards Committee did not believe that further Council resources should be engaged in this matter, due to the on-going lack of alternative sanctions available, but remained disappointed that the breaches continue.
The Committee expressed its ongoing support to its previous decision which it considered reasonable in all the circumstances and to the Council’s Monitoring Officer in upholding high standards of conduct.
It was moved by Councillor Talbot, seconded by Councillor Alexander and unanimously:-
RESOLVEDthat:-
(a) the contents of the Monitoring Officer’s Complaints Update be noted; and
(b) the Standards Committee recommends to Full Council that it formally agree with the decision of the Standards Committee on 16 May 2024, that whilst the 2 sanctions remained outstanding being issuing an apology and undertaking training, Councillor Turner should not be allocated Committee membership or represent the Council on any Outside Bodies as his behaviour continues to undermine the high standards of conduct that the Council expects from its elected Members.
Supporting documents:
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