Motion to Restrict Positions of Special Responsibility Following
Public Censure Notice
Council Notes That:
- The Council’s Code of
Conduct sets clear expectations regarding the ethical behaviour and
standards required of elected members.
- Where a Councillor is found to
have breached the Code of Conduct, the Standards Committee has the
power to impose sanctions, including the issuance of a Public
Censure Notice.
- The Governance and Audit
Committee is responsible for reviewing and recommending amendments
to the Council’s Constitution to ensure robust governance and
accountability.
- In line with best practice in
local government ethics, it is appropriate to consider restrictions
on holding positions of special responsibility following a Public
Censure Notice.
- Enhancing the governance
framework to include such provisions will strengthen public trust
in the Council’s leadership and decision-making
processes.
- Any amendments to the
Constitution regarding eligibility for positions of special
responsibility must be applied prospectively and not
retrospectively to ensure fairness and legal compliance.
Council Resolves To:
- Refer the following proposed
amendment to the Governance and Audit Committee, pursuant to
Article 9.1 (xxxi) - (xxxiv) of the Constitution, for consideration
and recommendation to Full Council:
Proposed Amendment to the Constitution – Part 5: Codes and
Protocols
Addition of a new
paragraph 7.3 to the Council’s procedure for dealing with
complaints against Councillors, to reflect the following:
New Clause: Eligibility for Positions of Special Responsibility
Following a Public Censure Notice
- Where a Councillor is found to
have breached the Code of Conduct and a Public Censure Notice is
issued as part of the sanctions imposed by the Standards Committee
or Hearing Review Panel, the Councillor shall be ineligible from
holding any of the following positions of special responsibility
for the full duration of the Public Censure Notice:
o
Leader of the Council
o
Deputy Leader of the Council
o
Cabinet Member
o
Chairman or Vice-Chairman of the Council
o
Chairman or Vice-Chairman of any Council Committee or
Sub-Committee
- If a Councillor currently
occupying any of the above positions is issued with a Public
Censure Notice, they must vacate their role upon the publication of
the notice. This provision applies only to cases occurring after
the adoption of this amendment.
- The restriction on holding
positions of special responsibility shall remain in effect for the
entire duration of the Public Censure Notice, as determined by the
Standards Committee or Hearing Review Panel.
- This amendment applies to all
Councillors, irrespective of political affiliation, and shall take
effect immediately upon adoption. However, it shall not apply
retrospectively to existing Public Censure Notices issued prior to
its adoption.
Council Further Resolves That:
- The Governance and Audit
Committee consider this amendment at the earliest opportunity,
ensuring alignment with best practice in local government ethics
and governance.
- The findings and recommendations
of the Governance and Audit Committee be reported back to Full
Council for final approval and adoption into the Constitution. A
report would only be presented back to Full Council if a
recommendation was agreed to amend the Constitution.
Rationale:
- This amendment strengthens public
accountability and ensures that individuals subject to formal
censure cannot continue to occupy positions of special
responsibility.
- The amendment upholds the
integrity of Council leadership by ensuring that those found in
breach of ethical standards cannot continue to influence Council
decisions through roles of special responsibility.
- The principles of good governance
require that this standard be applied fairly and equitably to all
Councillors, without retroactive application.
Council therefore
endorses this referral to the Governance and Audit Committee for
due consideration.