8. Complaint referred for independent investigation Stage 4
The Monitoring Officer will instruct a suitable investigator independent of the Council and the parties involved. The investigation will be proportionate and will include interviews with everyone the investigator decides will help them assess the complaint and reach a conclusion on whether there has been a breach of the Code of Conduct.
Following referral from Stage 2
The Investigator’s report will be considered by the Monitoring Officer and the views of the Independent Person sought prior to a decision being reached. Their views will be incorporated into the decision.
If no breach is found the case is closed and parties notified why. The Subject Member has the option to request that details of the complaint and outcome be published on the Council’s website. If not, details of the complaint remain confidential.
If a breach is found then the Monitoring Officer seeks to agree an appropriate resolution and / or sanctions with the parties. Where this cannot be agreed, the Monitoring Officer will determine an appropriate resolution and / or sanctions and if the Subject Member accepts them then the matter is concluded. The decision, detailing the findings, paragraphs of the Code of Conduct breached, reasoning, views of the Independent Person and outcome / sanctions will be sent to the Complainant and the Subject Member. The decision will be published on the Council’s website.
Where the Subject Member does not accept the outcome or it is not appropriate or possible to agree resolution and / or sanctions, the Monitoring Officer will arrange for a Standards Hearing Sub Committee under Stage 5.
Following referral from Stage 3
Where Investigator finds that the Member hasn’t breached the Code of Conduct then this is the end of the matter. The Monitoring Officer will write to the Subject Member and the Complainant to confirm the outcome. A summary of the investigation report will be published on the Council’s website.
Where the Investigator concludes that there has been a breach of the Code, the Monitoring Officer will try to seek agreement with the Subject Member on resolution and / or sanction. Where agreement is reached the Monitoring Officer will write to the Subject Member and the Complainant to confirm the outcome. A summary of the investigation report and outcome will be published on the Council’s website.
Where the Subject Member does not accept the outcome or it is not appropriate or possible to agree resolution and / or sanctions, the Monitoring Officer will arrange for a Standards Hearing Sub Committee under Stage 5.
Timing
Normally an outcome from Independent Investigation is likely to be obtained within two months of the referral by the Assessment Sub-Committee (under Stage 2) or by the Monitoring Officer (under Stage 3). More complex cases may well take longer.