Agenda item

To consider the attached document, the recommendation below from the Audit Scrutiny Committee held on 13 February 2025, and any necessary action.

 

The link to the full Minute of the Audit Scrutiny Committee can be found at the link below.

 

Agenda for Audit Scrutiny Committee on Thursday, 13th February, 2025, 10.00 am - Teignbridge District Council

 

 

RECOMMENDED

 

That Full Council approve the statutory recommendation in the Auditors Annual Report. The statutory recommendation is as follows:

 

The Council should:

 

1.    Commission a suitably qualified expert to investigate the underlying causes of member behaviours which contravene the standards set out in the Council's constitution under the members' code of conduct and the member/officer protocol; and which have impacted the Council's reputation and working culture. The Council should then develop an action plan to enable members and officers to address those issues.

2.    Adopt a consistent zero-tolerance approach to any swearing; lack of respect for other people attending meetings; or other abusive behaviour towards other members or officers in meetings. This should be done by making full use of the procedural rules set out in the Council's constitution by:  Immediately adjourning the meeting; moving  a motion that the member concerned be not heard; or moving a motion that the member concerned should leave the meeting.

3.    Consider amendments to its constitution to extend those procedural rules to all meetings of committees of the Council and amend the Member Code of Conduct to include an obligation for all members to reinforce standards of behaviour and to support the Chair of the Council and chairs of committees of the Council in their use of procedural rules to ensure proper conduct. Group Leaders should model good behaviour and discipline members of their groups whose behaviour breaches the Code of Conduct and the member/officer protocol.

4.    Continue to provide information and support to ensure that members and officers who are subjected to aggressive and abusive behaviour from individual members can, if they wish, submit a written complaint to the Monitoring Officer immediately, so that it can be dealt with under the Council's Standards procedures.

5.    Ensure that Group Leaders take responsibility for their members working collaboratively with officers and for their members improving behaviours and relationships.

6.    Review membership of the Standards Committee, with only members who have an excellent behavioural track record being eligible to join it.  Meetings should then resume. A Governance Committee should be introduced to reinforce the work of the Standards Committee. As with the Standards Committee, members on the Governance Committee must have an unblemished behavioural track record.

 

Securing good standards and behaviour amongst members will help to strengthen corporate governance and working culture. This in turn should help to create a positive environment from which the Council can build better relationships and address the other issues it faces, such as transacting business as usual and maintaining respect and co-operation around decisions once they have been taken.

 

 

The meeting welcomed Beth Bowers and Barry Morris from Grant Thornton.

 

The Chair of Audit Scrutiny Cllr Morgan, referred to the recommendation from the Audit Scrutiny Committee (ASC) held on 13 February 2025 set out on the agenda, and the Auditors Annual Report of Grant Thornton circulated with the agenda.  The ASC had considered the Section 24 Statutory Recommendation from Grant Thornton as set out on the agenda and had unanimously recommended to Council that this be approved. The Chair of ASC added that the Members behaviour issue strained the Council’s resources and harmed the residents’ reputation of the Council.

 

Cllr Morgan proposed that the recommendation of the ASC that the statutory recommendation of the Auditors Annual Report as set out on the agenda be approved. This was seconded by Cllr Steemson.

 

The representatives from Grant Thornton presented their report circulated with the agenda, advising that further statutory action would be taken in 6-12 months if there was no improvement.

 

An amendment was proposed by Cllr Daws and seconded by Cllr J Taylor that the statutory recommendation of the Auditors Annual Report as set out on the agenda is not accepted because it goes against the findings of the Local Government Association peer review.

 

The amendment was subsequently withdrawn for a further amendment proposed by Cllr J Taylor and seconded by Cllr Bradford that the report is noted, and consideration of the report deferred for 4 months to enable consideration of the Constitution Review group report on amendments to the Constitution.

 

The Monitoring Officer advised that the behavioural issues related to a series of incidences over a period of time and was not only relating to the incidences at the Council meeting on 30 July 2024.

 

In accordance with Procedure Rule 4.13.5 of the Constitution a recorded vote was taken on the amendment as follows.

 

For the proposal

Cllrs Atkins, Bradford, Clarance, Daws, Gearon, Goodman-Bradbury, Macgregor, Mullone, P Parker, Radford, Ryan, J Taylor,

Total 12

 

Against the Proposal

Cllrs Bullivant, Buscombe, Cox, Hayes, Henderson, Jackman, James, Keeling, Major, Morgan, Nuttall, Palethorpe, C Parker, Parrott, Rogers, Rollason, Smith, Swain, G Taylor, Thorne, Webster, Wrigley, Sanders, Dawson

Total 24

 

Abstention

Cllrs Hall, Steemson

Total 2

 

The Amendment was LOST

 

It was proposed by Cllr Morgan and seconded by Cllr Swain that the vote be taken. This was carried by a majority vote

 

In response to a Cllr query, it was confirmed that the external auditor’s report had initially been published with the agenda for the ASC on 5 February 2025 for the meeting on 13 February 2025. The email circulated to all Cllrs on 5 February 2025 advising that the ASC agenda had been published fulfilled the obligation on the Council of notifying all Cllrs that the external auditor’s report had been published.

 

In accordance with Procedure Rule 4.13.5 of the Constitution a recorded vote was taken on the original proposal as follows.

 

For the proposal

Cllrs Atkins, Bullivant, Buscombe, Cox, Goodman-Bradbury, Hall, Hayes, Henderson, Jackman, James, Keeling, Major, Morgan, Nuttall, Palethorpe,

C Parker, Parrott, Rogers, Rollason, Smith, Steemson, Swain, G Taylor, Thorne, Webster, Wrigley, Sanders, Dawson

Total 28

 

Against the Proposal

Cllrs Bradford, Clarance, Daws, Gearon, Mullone, J Taylor

Total 6

 

Abstention

Cllrs Radford, Ryan

Total 2

 

Not Voting

Cllrs Macgregor, P Parker

Total 2

 

The proposal was CARRIED

 

RESOLVED

 

That the Council:

 

1.  Commission a suitably qualified expert to investigate the underlying causes of member behaviours which contravene the standards set out in the Council's constitution under the members' code of conduct and the member/officer protocol; and which have impacted the Council's reputation and working culture. The Council should then develop an action plan to enable members and officers to address those issues.

 

2.  Adopt a consistent zero-tolerance approach to any swearing; lack of respect for other people attending meetings; or other abusive behaviour towards other members or officers in meetings. This should be done by making full use of the procedural rules set out in the Council's constitution by: Immediately adjourning the meeting; moving a motion that the member concerned be not heard; or moving a motion that the member concerned should leave the meeting.

 

3.  Consider amendments to its constitution to extend those procedural rules to all meetings of committees of the Council and amend the Member Code of Conduct to include an obligation for all members to reinforce standards of behaviour and to support the Chair of the Council and chairs of committees of the Council in their use of procedural rules to ensure proper conduct. Group Leaders should model good behaviour and discipline members of their groups whose behaviour breaches the Code of Conduct and the member/officer protocol.

 

4.  Continue to provide information and support to ensure that members and officers who are subjected to aggressive and abusive behaviour from individual members can, if they wish, submit a written complaint to the Monitoring Officer immediately, so that it can be dealt with under the Council's Standards procedures.

 

5.  Ensure that Group Leaders take responsibility for their members working collaboratively with officers and for their members improving behaviours and relationships.

 

6.  Review membership of the Standards Committee, with only members who have an excellent behavioural track record being eligible to join it. Meetings should then resume. A Governance Committee should be introduced to reinforce the work of the Standards Committee. As with the Standards Committee, members on the Governance Committee must have an unblemished behavioural track record.

 

Securing good standards and behaviour amongst members will help to strengthen corporate governance and working culture. This in turn should help to create a positive environment from which the Council can build better relationships and address the other issues it faces, such as transacting business as usual and maintaining respect and co-operation around decisions once they have been taken.

 

 

 

At this juncture the meeting adjourned for a comfort break.

 

Cllrs Daws, Gearon, Henderson, James, Mullone, P Parker, Radford, Webster left the meeting.

 

The meeting reconvened