Agenda item

Committee considered a report in relation to the Local Government Association’s (LGA) draft model member code of conduct which had been published for consultation.

As recommended by the Committee on Standards in Public Life’s report into Local Government Ethical Standards, the LGA had committed to reviewing the current model member code of conduct. 

Members’ comments were now sought on the draft code to be put forward as part of the consultation, which would run from Monday 8th June to Monday 17th August 2020. 

A comparison between this Council’s member code of conduct and the consultation model member code of conduct was attached as an appendix to the report for Members’ information. 

A Member raised his concern that the LGAs draft model code omitted an objective standard with regard to code of conduct and standards complaints.  He felt the introduction of an objective test with clear instructions was needed as a large degree of interpretation was required in the code which he felt was a weakness.  In respect of openness and transparency, he felt that decisions in relation to complaints should be published so the public could see how complaints had been progressed and handled.  He added that some authorities such as Devon and Cornwall already carried this out.  The Member requested that his concerns be submitted as part of the Council’s response to the LGAs consultation.

The Monitoring Officer agreed that part of the current code was perceived as weak as it only applied to the Council when someone was acting as a councillor.  The draft model code was extending beyond the current model code to encompass someone who was giving the impression that they were acting as a councillor and this was particularly pertinent in relation to the use of social media.  She added that although there was nothing in the draft code to propose a change to sanctions, lobbying of Government was taking place to bring back pre 2011 sanctions to suspend a councillor for 3 months. 

Members noted that complaints in relation to social media could be difficult to police and there was also the issue of someone being able to create a fake profile of a councillor.  The Monitoring Officer agreed but noted that it was often found that parish or district councillors used their councillor address for social media - with the changes proposed in the new code, it was likely that this would be clarified.

Members agreed that more clarity and consistency was needed in the code.  For example, there was a wide range of actions that could be classed as bullying.  The Monitoring Officer noted that there was a lot of evidence in the employment context with regard to what was classed as bullying and this could be relied on.  However, when the final version of the code was published, which was expected to be in the autumn, it would be important for supporting guidance to be provided to Members on what the code actually meant.

A Member raised his concern with regard to the publishing of complaints.  He felt that as some complaints could be frivolous and some complainants wished to remain anonymous, these could make a complaint appear one sided.  The Monitoring Officer suggested that Committee looked at the detail of Devon and Cornwall Council’s publishing of Member complaints at the next meeting.

Members were advised that they could provide any further comments outside of this meeting to the Monitoring Officer via email.  All comments would be collated in a letter and forwarded to Members for consideration before being submitted to the LGAs consultation response.

Moved by Councillor James Watson and seconded by Councillor Tricia Clough

RESOLVED that (1) the following comments be included as part of a consultation response to the Local Government Association in relation to the draft model member code of conduct;

a)    with regard to code of conduct and standards complaints, an objective test with clear instructions should be included in the code,

b)    in respect of openness and transparency, decisions in relation to complaints should be published so the public could see how complaints had been progressed and handled.

(2) Members to provide any further comments to the Monitoring Officer, via email,

(3) the Monitoring Officer to collate all comments in a letter and forward these to Members for consideration before being submitted to the LGAs consultation response,

(4) the detail of Devon and Cornwall Council’s publishing of Member complaints be presented to the next meeting of Standards for consideration,

            (5) the outcome of the consultation and the final version of the model member code of conduct be submitted to a future meeting of Standards Committee.

(Monitoring Officer/Governance Manager)