Agenda item

To consider the attached report.

The Committee was advised that at its last meeting it had requested the submission of a report to this meeting to facilitate a discussion on the issues and options raised at the Independent Persons’ Workshop attended by Roger Pratt on 15 November 2012.

The Committee discussed the main issues which had arisen at the Workshop together with comments thereon of the Monitoring Officer.

            RESOLVED:

            Filtering of Initial Allegations

            (1)        That as the Monitoring Officer proposes to consult an Independent Person on all initial allegations, the concerns expressed at the Workshop about a Monitoring Officer having discretion in this matter do not need to be addressed;

            Decision Letters

            (2)        That the practice adopted by the Monitoring Officer of including a statement within decision letters advising that the views of an Independent Person had been sought but not getting decision letters signed by an Independent Person be continued;

            Role Post Filtering

            (3)        That the Monitoring Officer be authorised to determine whether to involve an Independent Person in informal resolution or mediation in the event of all parties to a complaint expressing a willingness to resolve an issue in this way;

            Multiple Roles or One Per Case

            (4)        That the Monitoring Officer continue to select Independent Persons to use on a case by case basis, undertaking different roles, if necessary, eg one supporting the subject member/one supporting the complainant or investigator;

            Giving Views

            (5)        That the views of Independent Persons on complaints always be expressed in writing to the Monitoring Officer and/or her staff, normally by e-mail, in a note form with no requirement for a detailed report;

            (6)        That in giving views to the Monitoring Officer or the Standards Committee or Sub-Committee considering a complaint, Independent Persons be conscious of the need not to risk being seen as putting themselves in place of an investigator or becoming too heavily involved in a case;

            (7)        That in relation to Independent Persons giving views to a subject member, contact should only take place where it has been agreed in advance (via the Monitoring Officer) and that any views expressed be made available in writing to all the relevant parties;

            (8)        That access to an Independent Person for a complainant be managed by the Monitoring Officer in the same way to that for a subject member;

            Maintaining Independence and Ensuring Fairness

            (8)        That Independent Persons note the ability to approach the Council’s Chief Executive, Group Leaders or full Council in order to escalate concerns about the way in which a matter is being handled;

            (9)        That all media contact be dealt with by Council officers and not Independent Persons;

            Promoting and Maintaining High Standards

            (10)      That Independent Persons be encouraged to participate fully at meetings of the Standards Committee including items aimed at promoting and maintaining high standards generally, eg reviews of the Code of Conduct, a new planning protocol;

            (11)      That Independent Persons wishing to place items on the agenda of a Standards Committee provide details to the Monitoring Officer and/or her staff for consideration;

            Other Issues

            (12)      That no action be taken on the suggestion raised at the Workshop that Independent Persons should sign up to a Code of Conduct and register and declare interests having regard to the fact that this would be voluntary and not subject to enforcement as is the case with elected members;

            (13)      That a further report be submitted to the Committee in 12 months to enable further consideration to be given to the need for a protocol between Independent Persons and the Council.