COMPLAINTS AGAINST COUNCILLORS

Question

If a disagreement exists between a Councillor and another Councillor (or the clerk) can it only be pursued by  the complaining individuals via the code of conduct (Nolan principles) and the Monitoring Officer. ?  Does a PC have any collective right to act against an individual without involving the MO/Code of Conduct ?

Answer 1

Don't think it's a breach of the COC to have a disagreement. However assuming you mean there has been a breach then it must be the MO that takes action. Any action taken by the PC would be open to legal challenge.

Look up the case of R(Harvey) v Ledbury Town Council. The high court ruled they acted unlawfully by handling a complaint themselves rather then it going to the MO.

Answer 2

A disagreement….?  Such a broad scope in a question Husqvarna v Sthil , peas v corn, Man U v Man City.

Comments

I am a member of our staffing Committee and after choosing to challenge our Clerks decisions on a few occasions I believe this has morphed into a formal complaint. At the meeting I was asked to leave the meeting  whilst the clerk remained.  Now I will deal with the issues as they arise but if the clerk was the source of the complaint should she have also been asked to leave the room while it was discussed.  I have received no details yet

---

A number of points to come on there:

Clerks don’t make decisions - council does. Council May decide to delegate specific authority to a clerk but no ‘decision’ is above scrutiny / question.
If your clerk has a complaint about a Cllr it must go via MO.
You cannot be compelled to leave the room of a meeting to which you have been summoned.
Asked to leave the room….  You should simply decline….

---

RAG Interesting.  You can of course be asked to leave if you have a pecuniary interest but that is provided for elsewhere.  Also I assume any representation to the MO should be made by an individual.  The question is I suppose is what role does any Committee have in the process.  Clearly our Council has a staffing committee which deals with  clerk interface issues and the clerk has obviously chosen to  raise the matter at that committee

---

You can't be asked to leave because of a pecuniary interest (although you may be reminded of the rules / law). It is upon every councillor personally to declare any pecuniary interests and to leave the room. It is not for anyone else to decide for you.

---

AR - agreed!

Only after the event can a MO determine - on the balance of probabilities - whether or not a non disclosable interest existed although, by then of course, it’s too late (even if the decision is sound which is by no means guaranteed)

NOBODY can ask, request, demand or direct that a single individual (especially a Cllr who is summoned to attend) then leave the room for all or part of a public (or closed if a Cllr) meeting of a council.
The test for Jacko, if similar arises again, is to decline the request and see what happens next….  Your move, check mate.