Agenda item

The Committee considered a report which proposed a new Model Code of Conduct for Members.  The Committee was asked to consider whether to recommend the new Code for adoption by full Council at its meeting on 21st May, 2021 and to publicise the Code on the Council’s website.

It was reported that the Local Government Association had been commissioned by the Government to develop a national code of conduct for adoption for all tiers of local government.  It was noted that currently there were two Codes of Conduct in use across the Borough, some Parish Councils had adopted the Code of Conduct agreed by the Council, whilst other Parish Councils had adopted a Code of Conduct proposed by the National Association of Local Councils (NALC), which meant that different sets of rules were being applied.  This had caused confusion amongst Members and inconsistencies when determining complaints. It was hoped that a universal code approach by both Council and Parish Council’s would resolve this problem.  The Monitoring Officer highlighted the main changes to the Code as summarised in paragraph 10 of the report.

Following the presentation of the report, a Member asked whether the proposed new Code would in future take into account the inappropriate actions taken by Councillors. It was explained that the general principles of the Code based on the former Nolan principles had not changed from that of the current Code. The Monitoring Officer stated that the sanctions available to the Audit Hearings Sub-Committee following an investigation remained unchanged.  Sanctions to suspend or disqualify Councillors for serious breaches of the Code would require changes to primary legislation. Arising from a further question regarding whether the local authority could apply additional sanctions to the Code, it was advised that to apply sanctions outside of the Code would be unlawful.

In response to a question, Members were advised that should the new Code be adopted by the Council, the Monitoring Officer would write to all Town and Parish Councils encouraging them to sign up to the new Code to ensure consistency in approach in handling Member complaints. It was noted that briefing sessions and training on the Code would be offered to all Members, including, Town and Parish Councils following the elections.

During further discussion, in answer to a question from a member regarding elected Members representing the Council on external organisations, the Monitoring Officer stated that each Outside Body determined its own Code of Conduct and that Members representing the Council were bound by that Code of Conduct for those meetings.  However, where an Outside Body had not adopted a Code of Conduct, the Member appointed to the Outside Body was bound by the Code of Conduct adopted by the Council.  It was noted that some neighbouring authorities, including, Rotherham and Wakefield had since adopted the new Code. It was hoped that by other authorities adopting the same approach would bring consistency across the South Yorkshire region. The Monitoring Officer confirmed that he would endeavour to encourage Outside Bodies to adopt the new model code.

RESOLVED that

(1)       RECOMMEND to Full Council that the Local Government Association’s (LGA’s) Model Member Code of Conduct be adopted;

(2)       RECOMMEND to Full Council that the Monitoring Officer be given delegated powers to grant dispensations to Members on the grounds set out in paragraphs 11 to 15 of the report and that the Audit Committee’s Terms of Reference be amended accordingly; and

(3)       Note that a number of other consequential changes to various parts of the Council Constitution arising from the adoption of the revised Code of Conduct will be made by the Monitoring Officer using his existing delegated authority.