If the investigating officer concludes that there is no evidence of a failure to comply with the member code of conduct
The monitoring officer will review the investigating officer’s report and, if they are satisfied that it is sufficient, they will write to the complainant and to the subject member, notifying them that they are satisfied that no further action is required, and provide both with a copy of the final report.
If the monitoring officer has concerns about the conduct of an investigation or the investigation report, they may ask the investigating officer to reconsider their report. The monitoring officer may consult the independent person about this and the subject member should be informed.
If the investigating officer concludes that there is evidence of a failure to comply with the member code of conduct
The monitoring officer will review the investigating officer’s report and will then either send the matter for local hearing before the Standards Committee or, after consulting the independent person, seek local resolution.
Local resolution
The monitoring officer may consider that the matter can reasonably be resolved without the need for a hearing. In such a case, they will consult with the independent person and with the complainant.
If the complainant does not agree with the suggested resolution, the monitoring officer will take account of their views in deciding whether to proceed with the local resolution or refer it for a local hearing. It is, however, the monitoring officer’s decision.
The purpose of the local resolution is to ensure higher standards of conduct for the future. Such resolution may include the subject member accepting that their conduct was unacceptable and offering an apology or other remedial action by the Authority (or both).
The range of resolutions that can be imposed is wide and each resolution will be tailored to fit the particular behaviour that has resulted in a breach of the member code of conduct, for example, training on a specific issue. The monitoring officer will set a reasonable timescale for compliance with the local resolution.
If the subject member complies with the suggested resolution, within the timescale set by the monitoring officer, the monitoring officer will report the matter to the Standards Committee for information, but will take no further action.
If the subject member fails to comply with the resolution within the timescale set, the matter will be referred to the Standards Committee.
The breach of the member code of conduct and the resolution imposed will be publicised on the subject member’s profile on the Council’s website for a period to be determined by the monitoring officer, which is to be no less than the time required for compliance with any sanction.
If a subject member fails to comply with a sanction in the timescale set, the information will remain on the profile until compliance is achieved.
Local hearing
If the monitoring officer considers that local resolution is not appropriate, or the subject member concerned is not prepared to undertake the suggested resolution, then the monitoring officer will report the investigating officer’s report to the Standards Committee.
The Committee will conduct a local hearing before deciding whether the subject member has failed to comply with the code of conduct and, if so, whether to take any action in respect of the subject member.
The local hearing will normally take place within 30 working days of the decision to proceed to a local hearing being made.
Within five working days of the decision being made to proceed with a local hearing, the monitoring officer shall provide the complainant and the subject member with a copy of the bundle containing the supporting evidence.
The monitoring officer will conduct a ‘pre-hearing process’, requiring the subject member to give their response to the investigating officer’s report, in order to identify what is likely to be agreed and what is likely to be in contention at the hearing. The chair of the Standards Committee may issue directions as to the manner in which the hearing will be conducted.
At the hearing, the investigating officer will present their report, call such witnesses as they consider necessary and make representations to substantiate their conclusion that the subject member has failed to comply with the member code of conduct.
For this purpose, the investigating officer may ask the complainant to attend and give evidence to the Committee. The subject member will then have an opportunity to give their evidence, to call witnesses and to make representations to the Committee as to why they consider that they did not fail to comply with the member code of conduct.
There is no cross examination, but points of clarification can be raised if required. Both the complainant and subject member will be asked to sum up at the end of the hearing.
If the Committee, with the benefit of any advice from the independent person, conclude that the subject member did not fail to comply with the member code of conduct, they may dismiss the complaint.
If the Committee concludes that the subject member did fail to comply with the code of conduct, the chair will inform the subject member of this finding and the Committee will then consider what action, if any, it should take as a result.
In doing this, the Committee will give the subject member an opportunity to make representations to the Committee, and in line with above, with the benefit of any advice from the independent person.