Councillors - Complaints Process

Hearings

Procedure to be followed at the Appeals Sub Committee hearings.

(i) The Monitoring Officer or Deputy will be the adviser to the meeting. During the meeting all questions and other proceedings shall be addressed through the chair. Both the member and the investigating officer may be represented if they wish.

(ii) Any representations from the Investigating Officer and the Member (or his/her representative) as to reasons why the Sub Committee should exclude the press and public and determination by the Sub Committee as to whether to exclude the press and public. If the Sub Committee decides that it will not exclude press and public, the Monitoring Officer shall at this point provide copies of the agenda and reports to any members of the press and public who are present.

(iii) Presentation by the Investigating Officer of his/her report to the Sub Committee.

(iv) The Member (or his/her representative) may ask questions of the Investigating Officer.

(v) Members of the Sub Committee may ask questions of the Investigating Officer.

(vi) The Investigating Officer will call any witnesses to give evidence to the Sub Committee.

(vii) The Member may ask questions of the Investigating Officer's witnesses.

(viii) Members of the Sub Committee may ask questions of the Investigating Officer's witnesses.

(ix) The Investigating Officer may ask questions of their witness.

(x) The Member concerned (or his/her representative) will present his/her case.

(xi) The Investigating Officer may ask questions of the Member.

(xii) Members of the Sub Committee may ask questions of the Member.

(xiii) The Member (or his/her representative) will call any witnesses to give evidence.

(xiv) The Investigating Officer may ask questions of the Member's witnesses.

(xv) Members of the Sub Committee may ask questions of the Member's witnesses.

(xvi) The Member (or his/her representative) may ask questions of their witness.

(xvii) The Investigating Officer may sum up.

(xviii) The Member (or his/her representative) may sum up.

(xix) The Investigating Officer and member will then leave.

(xx) The Sub Committee will then reach its decision on the facts and on whether there has been a breach of the Code of Conduct and the member and investigating officer (and any press and public who were present) will be recalled and told the decision.

(xxi) If the Sub Committee conclude that the Member has acted in breach of the Code of Conduct, the Sub Committee will then hear representations from the Investigating Officer and then the Member (or his/her representative) as to whether the Sub Committee should take any action against the Member and what form any action should take. Members of the Sub Committee may ask questions of the Investigating Officer and the Member.

(xxii) The Investigating Officer and member will then leave (if the Sub Committee agreed at the start to exclude the press and public).

(xxiii) If the hearing has been held in public, the Sub Committee will decide whether there are grounds to deliberate in private and if so the member and the Investigating Officer will be asked to leave.

(xxiv) The Sub Committee will then consider whether to take any action against the Member and what form such action should take. Once it has made its decision the Sub Committee will then advise the Investigating Officer and the Member of their decision and the reasons for that decision.

(xxv) The Sub Committee may consider whether there are any general recommendations in relation to ethical governance matters which the Sub Committee may wish to make arising from their consideration of the allegation.