Issue - meetings

To Review Member Code of Conduct Matters

The Committee considered a report of the Interim Borough Solicitor that asked Members to note the current Member Code of Conduct and Arrangements for dealing with complaints under the Code, which was last reviewed in September 2024.

The main issues detailed, in the Interim Borough Solicitor’s report included:

a.    Councillor Code of Conduct

b.    General principles of Councillor conduct

c.    Application of the Code of Conduct

d.    Standards of Councillor conduct

The Committee was advised that the Standards of Councillor conduct

section sets out the obligations of Members, which are the minimum standards of conduct required of a Councillor. Should the conduct of a Member fall short of the reported standards, a complaint may be made against that Member, which may ultimately result in action being taken. Guidance was included, in the report, to help explain the reasons for the obligations and how they should be followed.

The Committee considered the report is detail and raised the following questions and queries:

1.  The Committee requested that there should be mandatory training that occurs twice a year regarding the members code of conduct.
2. The Committee requested that training should be something more interactive than on previous occasions for example scenarios or a type of workshop setting.
3. There also needs to be something which demonstrates members actions and consequences, such as a report to be submitted to the Council highlighting members names who have allegedly breached the code. (with a naming/shaming consequence for any Member where a negative finding was reached)
4. The Committee agreed that there needed to be more transparency so for example they all agreed that members public website profile should evidence that the mandatory training has been completed, if the member doesn’t engage, this should be publicised.
5. The Standards Committee requested something to be brought before a future meeting with details of members (names redacted) which evidences complaints that have been rejected, so that they could understand the type of complaints and any patterns.
6. The Standards Committee also requested if the ‘Mayor's script’, for Full Council meetings, could be amended to include specific wording that says all participants (i.e. all 60 Members of Oldham Borough Council) agree (at Council meetings) to abide by the Members Code of Conduct. This could then also link to a possible ‘contract’ that all members sign up to annually regarding the minimum standard of behaviour and confirmation of their acceptance of the Code of Conduct.
7. The Standards Committee agreed that the Code of Conduct should be amended to incorporate some of the agreed above points once they had been resolved at full Council, but they were all clear this did need to progress to a report at full Council for debate.

Resolved:

That the Standards Committee

1.    Approves the report.

2.    That the Mayor’s Script for Council meetings be amended to include specific wording that says all participants (i.e. all 60 Members of Oldham Borough Council) agree (at Council meetings) to abide by the Members Code of Conduct. This could then also link to  ...  view the full minutes text for item 7

To Review Member Code of Conduct Matters.

The Director of Legal Services introduced a report to consider and review various matters relevant to the Members Code of Conduct and related matters. The report asked the Committee to review the Member Code of Conduct and Arrangements for dealing with complaints under the Code and consider a review of the last 12 months.

Members were informed that the Council had adopted in September 2021 a model Code of Conduct which had been developed by the Local Government Association. The Code was last reviewed in June 2023 with an update in November 2023. Members were informed that it was good practise for the Council to review these code of conducts and consider any recommended amendments.

Members were informed by the Director of Legal Services about how Independent Persons would work within the complaints process. It was noted that in an event of allegations of breaches of the code of conduct, the Director of Legal Services and one independent person would initially asses the decision over whether or not the complaint progressed to the next stage, if it did indeed progress to the next stage an second independent person would speak with the Member in question, and finally a third independent person would be present at a hearing.

The Director of Legal Services noted that there was a vacancy for a fourth independent person.

There was a discussion over the time frame the complaints process would take, with the Director of Legal Services noting that every complaints were different, with some complaints being straightforward and others being more complex. It was further explained that Members would be kept updated at each stage of the complaints process.

There was a discussion amongst Members and Officers regarding complaints the Council had received over the last year. It was noted that there had been 15 formal complaints received from individuals that had been investigated within the last year. Of the 15 complaints, 3 were dismissed, 3 were concluded with an informal resolution, 4 were referred for investigation and 5 were at the moment of the meeting being assessed.

RESOLVED:

1)    The Committee consider any amendments required to the Members Code and Arrangements, grant the general dispensations to members to participate and vote on setting the Council tax or a precept under the Local Government Finance Act 1992 ( as amended from time to time and any superceding legislation) and on matters directly related to such decisions such as budget calculations and council tax reduction and discount schemes ( where the interest may arise from being a property owner or responsibility to pay the the council tax ) and allowances and indemnities given to members ( where the interest may arise as recipient of the allowance and indemnity ) as appropriate to do so under section 33 of the Localism Act 2011 for a period of 3 years and to grant dispensations to members to participate and vote on setting the council tax or precept or matters relating to such decisions such as budget  ...  view the full minutes text for item 7