Agenda item

Councillor Ben Green

Motion to Restrict Positions of Special Responsibility Following Public Censure Notice

 

Council Notes That:

 

  1. The Council’s Code of Conduct sets clear expectations regarding the ethical behaviour and standards required of elected members.

 

  1. 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.

 

  1. The Governance and Audit Committee is responsible for reviewing and recommending amendments to the Council’s Constitution to ensure robust governance and accountability.

 

  1. 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.

 

  1. Enhancing the governance framework to include such provisions will strengthen public trust in the Council’s leadership and decision-making processes.

 

  1. 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:

 

  1. 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

 

  1. 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

 

  1. 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.

 

  1. 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.

 

  1. 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:

 

  1. The Governance and Audit Committee consider this amendment at the earliest opportunity, ensuring alignment with best practice in local government ethics and governance.

 

  1. 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.

Minutes:

Councillor Ben Green had withdrawn his motion, and it was confirmed that it would not be heard as written at a future meeting.