Agenda and draft minutes

To receive apologies for absence.

Apologies were noted from Councillor Keith House (Councillor Adrian Collett was in attendance in his place) and Councillor David Drew.

All Members who believe they have a Disclosable Pecuniary Interest in any matter to be considered at the meeting must declare that interest and, having regard to the circumstances described in Part 3 Paragraph 1.5 of the County Council's Members' Code of Conduct, leave the meeting while the matter is discussed, save for exercising any right to speak in accordance with Paragraph 1.6 of the Code.  Furthermore all Members with a Personal interest in a matter being considered at the meeting should consider whether such interest should be declared, and having regard to Part 5, Paragraph 4 of the Code, consider whether it is appropriate to leave the meeting while the matter is discussed, save for exercising any right to speak in accordance with the Code.

No declarations of interest were made.

To confirm the minutes of the previous meeting.

The Minutes of the meeting held on 13 September 2022 were confirmed as a correct record and signed by the Chairman.

To receive any announcements the Chairman may wish to make.

The Chairman had no announcements on this occasion.

To receive any deputations notified under Standing Order 12.

There were no deputations on this occasion.

To consider a report of the Monitoring Officer regarding the County Council’s request that the Conduct Advisory Panel consider amending the County Council’s Arrangements for dealing with complaints against Members.

The Panel considered the report of the Director of People and Organisation regarding a proposed amendment to the County Council’s arrangements for dealing with complaints against Members. It was noted that the proposed amendment had been brought forward in response to a Notice of Motion at County Council on 18 May 2023.

The Notice of Motion requested, amongst other things, that the arrangements for dealing with complaints against Members include reference to the Council’s ability to invite a Member to resign as part of an action of censure determined by the Council in accordance with those arrangements when a Member is found to have expressed racist and or unlawfully discriminatory beliefs publicly. However, the representative of the Monitoring Officer highlighted that the update being proposed used different wording due to consideration of the legal position around inviting a Member to resign. The proposed amendment instead used the wording “the Hearing Panel may additionally decide that the circumstances of the misconduct are such that it is the view of the Hearing Panel that the Subject Member ought to consider resigning from office.”

Members debated the issues raised by the proposed amendment. A Member of the Panel suggested that those subject to such a complaint should be entitled to independent specialist legal advice. It was discussed that the Subject Member would be entitled to their own legal advice but this would be at their own expense. A Member of the Panel also suggested that a Member subject to such a complaint should have a right of appeal regarding the outcome. It was discussed that this was not part of the process and not part of the amendment being discussed at this meeting and therefore would need to be raised as a separate issue for consideration. It was noted that the outcome of a Hearing Panel was the view of a body of peers not a legal outcome.

RESOLVED:

That the Conduct Advisory Panel note the County Council’s request that it consider amending the County Council’s Arrangements for dealing with complaints against Members to include reference to the Council’s ability to invite a Member to resign as part of an action of censure determined by the Council in accordance with those arrangements when a Member is found to have expressed racist and or unlawfully discriminatory beliefs publicly.

That the Conduct Advisory Panel approve the revised wording of section 12 of the County Council’s Arrangements for dealing with the Assessment, Investigation and Determination of Complaints that a Member or Co-opted Member of the County Council has failed to comply with the Code of Conduct for Members set out in Annex 2.