CODE OF CONDUCT COMPLAINTS PROCEDURE
This complaints procedure must be read in conjunction with Appendix 7 to the
Councils Standing Orders - The Code of Conduct
Summary
1.
The receipt of a complaint will be via a standard complaint form or letter or
email. Completed forms will be sent to the Isle of Wight Council Democratic
Services.
2.
Once the complaint has been received and acknowledged, the Member
complained of is sent a copy of the complaint and asked to give their initial
views / response and this may be on a standard pro-forma or in an email or
letter. This must be completed and returned within 10 working days.
3.
A copy of the complaint is provided to the Member on the strict proviso that they
do not (at this stage) share it with others (other than to seek legal advice or
assistance) and that it remain confidential. Supporting statements / responses
from third parties cannot be provided at this stage.
4.
Once this has been received the Monitoring Officer (or one of their deputies)
considers the complaint and the comment from the member and decides what
action is to be taken. Broadly there are four types of possible action:
a. Take no action if there is no code of conduct issue
b. Ask the Member to take some action (e.g. make an apology, attend
training, correct an entry in a register)
c. Refer the matter for further investigation if there is potentially a breach
of the Code of Conduct
d. Refer to the Police if it is a criminal matter
(Action under (c) and (d) will only be taken in consultation with the
designated Independent Person and potentially a Town or Parish
councillor if the complaint relates to a town or parish councillor.)
5.
If the initial decision is (a) (to take no action), then the complainant has 15
working days in which to request a review by either the Monitoring Officer or
Deputy who had not considered the matter the first time round.
6.
If the Monitoring Officer believes the matter should be investigated or referred
to the Police, the Designated Independent Person will be consulted.
7.
The investigation will be undertaken by a suitably qualified person (usually
internally but in some cases it may be necessary to refer the investigation to an
external person). The investigation will find either:
a. No breach of the Code of Conduct in which case the matter stops
Ryde Town Council - Standing Orders - Appendix 8 - Complaints Procedure - May 2019
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b.
There is a breach of the Code of Conduct in which case the matter will
be referred to the appeals committee of three members of the Isle of
Wight Council to determine whether or not they agree with the
investigating officer’s conclusion. Where the matter is against a Town or
Parish Councillor the appeals committee may seek the advice of one of
the Town or Parish council representatives.
c.
If the appeal committee decides that there has been a breach, then for
Isle of Wight Councillors they can determine a sanction which can be:
1.
Censure
2.
Refer to the relevant Group Leader for action
3.
Publication of findings
4.
Local Resolution e.g. letter of apology
d.
If the matter relates to a Town or Parish Councillor then if a breach has
been determined the matter is referred to that Town or Parish Council
for them to determine what action to take.
e.
During an investigation it may be that a local resolution can be achieved
without the need to conclude the investigation or have the final hearing.
The Designated Independent Person will be consulted in this event.
8.
A complainant can request that a complaint be withdrawn at any stage and the
Monitoring Officer in consultation with the Designated Independent Person will
determine all such requests.
Ryde Town Council - Standing Orders - Appendix 8 - Complaints Procedure - May 2019
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