Councillors Code of Conduct complaints procedure
Summary
This procedure sets out how a complaint may be made that an elected or co-opted member within Great Yarmouth Borough (including the elected or co-opted members of the Parish Councils within the Borough) has failed to comply with the relevant Code of Conduct for Members and sets out how the authority will deal with allegations of a failure to comply with the Code of Conduct.
Under Section 28(6) and (7) of the Localism Act 2011 the Council must have in place arrangements under which allegations that a member has failed to comply with Code of Conduct may be investigated and which sets out how decisions made on such allegations. Such arrangements must provide for the authority to appoint at least one "Independent Person" whose views must be sought by the authority before it takes a decision on an allegation which it has decided shall be investigated, and whose views can be sought by the authority at any other stage, or by a member against whom an allegation has been made.
By virtue of section 6 of the Human Rights Act 1998 it is unlawful for a public authority to act in a way that is incompatible with human rights, as set out by the European Convention on Human Rights. These requirements apply to the consideration and investigation of conduct complaints. For example, the right to freedom of expression and the right to a family/private life may be relevant and the Monitoring Officer, Investigating Officer and Standards Committee will need to consider and apply the relevant law.
Where the Monitoring Officer or Standards Committee Members feel that they may be conflicted in relation to a specific case then they must arrange to be substituted for the purpose of the conduct of that investigation and/or for any related hearing.
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