7. Monitoring Officer Investigation Stage 3
The investigation will be proportionate and will include interviews with everyone the investigating officer decides will help them assess the complaint and reach a conclusion on whether there has been a breach of the Code of Conduct.
The Independent Person is consulted on the complaint prior to a decision being reached. Their views will be recorded in 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 agree the resolution and / or sanctions, the Monitoring Officer refers the complaint for Independent Investigation (Stage 4).
Normally an outcome from the Monitoring Officer Investigation is likely to be obtained within two months of the referral by the Assessment Sub-Committee. More complex cases may well take longer.