Agenda item

The purpose of this report is to update the Audit and Standards Advisory Committee on (a) gifts and hospitality registered by Members (b) member training, and (c) a recent complaint concerning breaches of the Member’s Code of Conduct which has been upheld against a councillor.

(Agenda republished to include the Standards Q1 Update report on 18 September 2024)

Debra Norman, Corporate Director of Law & Governance, introduced a report updating the Audit and Standards Advisory Committee on gifts and hospitality registered by Members during Q1 2024-25, Member Learning & Development activity and also on the outcome of a recent complaint in relation to breaches of the Members Code of Conduct, which had been upheld against Councillor Collymore as a serving member of the Council.

Prior to detailed consideration of the report David Ewart (as Chair) felt it important to remind members in focussing consideration on the members code of conduct issue that whilst the remit of the Audit & Standards Advisory Committee included oversight of Member standards issues it was the Audit & Standards Committee that had formal responsibility for consideration of complaints referred for formal investigation.

Having noted the advice provided the following key updates were highlighted for the Committee:

·             The update on Gifts and Hospitality registered by members in the first quarter of 2024-25, as detailed in Appendix A of the report.

·             In relation to member attendance at mandatory training sessions, the Committee was advised that with the exception of Data Protection, all members had completed their core mandatory refresher training.  Those members still to complete their DP training had been given a deadline with a further update to be provided for the Committee in December 24.

·             The background to the complaint which had been upheld in relation to breaches of the Member Code of Conduct against Councillor Collymore, as detailed within section 3.9 – 3.21, which members were advised (based on the evidence available) the Monitoring Officer had been able to determine without the need for a more detailed investigation by the Audit & Standards Committee.  In noting the basis of the Monitoring Officer’s findings in relation to each aspect of the complaint, as detailed in section 3.16 of the report, the Committee were advised that following consultation with the Independent Person Councillor Collymore’s conduct had been found to have been in breach of sections 4, 5, 6, 8, 12 and 15 of the Members Code of Conduct which had resulted in the following sanctions having been imposed:

(i)          censure or reprimand by way of a report for information to the Audit and Standards Advisory Committee;

(ii)         a request that Councillor Collymore undertook refresher Code of Conduct and equalities training.

(iii)       Provision of a copy of the transcript of the recording of the incident which had led to the complaint to the Leader of the Labour Group to enable the group to consider its relevance to council positions.

(iv)       The provision of information to Councillor Collymore concerning the appropriate use of a blue badge.

Members were advised that the sanctions imposed had taken account of the actions taken in response by Councillor Collymore in seeking to remedy the breaches identified in the form or both a written and personal apology with the training identified having also been undertaken.  It was, however, noted that Councillor Collymore had subsequently exercised her right to request a review of the outcome.  Following consideration and consultation with the Independent Member, it had been felt that the information submitted as the basis for the review had not mitigated the conduct on which the original outcome had been based and as a result the decision regarding the breach of the Code and sanctions imposed had been upheld with no further right of appeal.

As a final update, the Committee were advised of the decision recently made by Councillor Collymore to resign from her position as Deputy Mayor and other Council membership appointments with the matter now being presented to the Committee in order to fulfil the sanction in relation to her censure.

The Committee was then invited to raise any comments/issues on the update provided, which are summarised below:

·             In response to confirmation being sought regarding application of all relevant procedures under the Members Code of Conduct complaints process having been followed in relation to the handling of the complaint against Councillor Collymore, Debra Norman assured members of the compliance with all relevant procedures.  As a follow up, clarification was also provided on the circumstances under which the finding of a breach of the Code could be applied without an investigation under the complaints process and the threshold under which a matter would normally be referred to the Audit & Standards Committee for consideration.

·             As a further issue relating to investigation of the complaint against Councillor Collymore, members queried why they had not also been provided with a copy of the transcript from the recording of the incident to assist in consideration of the matter.  In response, Debra Norman reminded the Committee that their role was one of censure with the investigation having been completed.  It was not, therefore, felt to have been necessary to release the transcript itself to the Committee with the detailed information provided in the report felt to be sufficient to enable them to complete the censure process.  A copy had been provided to the Labour Group in order for them to consider any further action or sanctions necessary under their own internal procedures.

It was noted that details on the wider levels of abuse experienced by the Council’s Civil Enforcement Officers would be held by Environmental Services with the Monitoring Officer only involved in matters relating to complaints made in relation to members.

As no further issues were raised the Chair thanked Debra Norman for the report and it was RESOLVED to note the updates provided in relation to:

(1)    gifts and hospitality registered by Members

(2)        member training

(3)        the outcome of a recent complaint concerning a breach of the Member’s Code of Conduct which had been upheld against Councillor Collymore and censure undertaken as a result of the information provided within the report.