Agenda item

Scott Fawcus, Monitoring Officer presented his Annual report on matters relating to ethical governance, including details of complaint handling activity carried out in consultation with the Independent Person in relation to allegations of Member misconduct, details of disclosures made under the Council’s Whistleblowing Policy during the last 12 months, and reports under the Money Laundering Policy.

As Members were aware, at its AGM on the 21^st May 2021, the Council resolved to adopt the new LGA Model Code of Conduct, which was drafted following recommendations by the Committee, On Standards in Public Life. Following adoption by DMBC, the Monitoring Officer stated that he had written to all Parish and Town Council Clerks across Doncaster encouraging them to sign-up to the new Code and offering assistance to Clerks.

The Monitoring Officer reported that he had a statutory responsibility to consider matters in relation to potential breaches of the Member Code of Conduct in relation to Borough Councillors and Parish and Town Councils across the Borough.  He was pleased to report that the levels of complaints received and most importantly, the number of actual breaches remain very low.

Clarity was sought with regard to whether Elected Members were covered by the Policy in the same way as Stakeholders. The Monitoring Officer advised that Elected Members were covered like any other Member of the Public. However stated that he would review and if not already covered, reference to Elected Members could be included.

The Chair made reference to paragraph 9 of the report, in relation to Town and Parish Councillors not being on the Monitoring Officers radar. However, highlighted that the proposed changes never received parliamentary time. He asked whether there had been any progress on this issue. The Monitoring Officer advised that to date no progress had been made and the 2011 sanctions remain in place. He commented that as Members are aware, complaints come to the Audit Hearing Sub-Committee who impose sanctions for breaches of the code of conduct, which are relatively limited. He stated that more sanctions may be useful in some cases however, most breaches are of a low level and if a Member is prepared to apologise no further action is required.

With regard to the revised Code, the Chair asked whether there had been any changes in conduct noted and whether sign up to the new code had been positive. The Monitoring Officer advised members that he would be writing to all clerks seeking an update with regard to take up, so far Askern Town Council had signed up. He commented that the biggest change would be social media activity where an increase of interaction had been seen from members in recent times, combining that with the difficult 18 months and recent elections political tensions can rise.

In light of promoting the Whistle blowing policy and only receiving one complaint, it was asked whether the Monitoring Officer was satisfied with the level of awareness of the Policy. The Monitoring Officer advised that an update has been carried out through the intranet, so anyone who is a user, reference to the Policy appears on screen, which has increased awareness. He stated that there are other ways of raising complaints, if the Whistle Blowing Policy is not appropriate.

A comment was made regarding the Whistleblowing Policy also applying to third parties and venders and clarification was sought, as to how this was communicated to them and how they engage with the Council. The Monitoring Officer stated that the Policy would be included within the tendering contract. However, third party organisations should be reminded of the requirement.

In response to a question with regard to the completion of Register of Interests forms. The Monitoring Officer reported that with regard to DMBC Councillors, forms have been looked at individually and the process has been relatively straight forward. Work is still continuing on the many Parish Council registers. He stressed that it was important to remind Councillors along with Parish Council’s on an annual basis that they must complete an amendment form for any changes to their registers.

Clarity was sought in relation to complaints under the Whistle Blowing Policy and whether it was taken as read that the complaint would be dealt with under that process or through a different process and at what point would that be identified. The Monitoring Officer explained that an initial assessment would be carried out and this would identify whether the complaint should be dealt with under the Policy or via another means. However, he wished to ensure Members that whatever process was followed, the complaint would be fully investigated and the process would not be at a disadvantage because the complaint was being carried out differently.

            RESOLVED that Committee:-

(1)        Noted the Monitoring Officer’s annual report on complaint      handling activity for the period 1st April, 2020 to 31st March, 2021;

(2)        Noted the Whistleblowing return for 2020/21; and

(3)        Noted the nil money laundering report for 2020/2021