What happens after we receive your complaint
First steps
You will be sent an acknowledgement letter or e mail within 5 working days of receipt of your complaint.
The accused member and their political group leader (as applicable) will be notified of the complaint and provided with a copy of the complaint details.
Preliminary Assessment
The Monitoring Officer, in consultation with an Independent Person, will assess your complaint and decide whether it is constitutes a breach of the code of conduct.
If the complaint is deemed to relate to an alleged breach of the Code of Conduct the Monitoring Officer will decide whether or not that breach relates to the declaration or registration of a Disclosable Pecuniary Interest. (See below for information on complaints not deemed appropriate for consideration).
Alleged breaches of requirement in connection with Disclosable Pecuniary Interests
In these instances the Monitoring Officer will consider whether the matter should be referred to Staffordshire Police for investigation. In making that decision the Monitoring Officer has to decide whether any alleged failure to declare or register an interest was intentional. They will need to be able to provide sufficient evidence to justify a Police investigation.
Other alleged breaches of the Code of Conduct.
For complaints that are not about Disclosable Pecuniary Interests, the Monitoring officer, in consultation with the Independent Person, will decide whether the allegation warrants detailed consideration and, if so, whether that consideration needs to be by the Monitoring officer or by a Panel of elected members.
Complaints considered by the Monitoring Officer
These are complaints for which the Monitoring Officer in consultation with the Independent Person, feel that appropriate remedy would be:
- a formal apology by the member concerned to the complainant within 14 days of the request to do so,
- a requirement for the member to undertake specific training, or both.
The complainant will be informed of the outcome of the complaint. Where members belong to a political group, the Group leader will be notified of the outcome of the complaint and of any sanctions imposed.
Complaints considered by a Panel of elected members
Where the Monitoring Officer, in consultation with the Independent Person, thinks that it is not appropriate for them to deal with the complaint or that more serious sanctions might be appropriate the complaint will be referred to a Panel of elected members. That Panel will be made up of 5 members taken from the full membership of the County Council’s Audit and Standards Committee. Panel meetings will be held within 28 working days of receipt of the complaint. Both the complainant and the member being complained about will be invited to submit evidence for the Panel to consider.
If necessary the Panel can request additional information from other parties to help them consider the complaint. More serious cases might warrant the commissioning of an investigation Report by either an Officer not directly involved in work with the member concerned or by an independent adviser.
Decisions of the Panel will be reported to the full Audit and Standards Committee for a formal decision on what action, if any, should be taken.
If a complaint is upheld:
The Committee will decide if any of the following sanctions should be imposed:
- Formal apology
- Additional training
- Formal letter to the member concerned highlighting failings in their conduct
- Recommendation to full Council on the removal of the member from membership a specific Committee, outside body or position of responsibility
- Recommendation to the political Group Leader on the removal of the member from a specific Committee, outside body or position of responsibility
- Issue of a Press release on the nature of the complaint and the Committee’s decision
- A recommendation to Full Council that the member be censured.
- Limit the member’s access to support services and officers.
If the complaint is not upheld:
No action will be taken against the Councillor concerned.
The complainant, the member concerned and the Group Leader (if applicable) will be informed of the Committee’s decision.
Complaints not deemed appropriate for consideration
Complaints that are considered to be vexatious or politically motivated will not be accepted. If for these or other reasons the Monitoring Officer, in consultation with the Independent Person, does not feel that the complaint should be considered the complainant, the member being complained about and the Group Leader (if applicable) will be notified. If the complainant is dissatisfied with this decision they can request re-consideration by the Monitoring Officer.
