Ethical standards clinic

I have just received an allegation for investigation that a member was drunk and threatened a member of the public at a Council meeting. The subject member has contacted me to say that my investigation is illegal because he is already being investigated by the Police and that my investigation will simply repeat that being undertaken by the Police. What should I do with my investigation?

In response to the subject member, you should clarify that your investigation will consider whether there has been a breach of the code of conduct, which has a completely different focus to the Police investigation. In the public interest, your investigation will consider whether the conduct demonstrates an acceptable standard of behaviour for a person elected by the public to represent them, holding a position of trust. The investigation would not be illegal as it has been referred in accordance with the statutory process set out in the Local Government Act 2000, and Parliament has intended for member conduct to be regulated in this way.

In relation to your investigation, it would be useful to identify the Police investigating officer and contact him or her to explain that you are carrying out an investigation about the conduct of the member. Highlight the extent of your investigation and the statutory provisions giving you the power to investigate, i.e. section 66 of the Local Government Act 2000 and accompanying Regulations give you the powers to investigate whether the member has breached the Council’s code of conduct.

Obtain clarification of the progress of the Police investigation and the charges which may be brought against the member and discuss whether the interviewing of witnesses and collection of other evidence which you may need to carry out could jeopardise the Police investigation. Also you may wish to clarify whether the interview transcript and witness statements which the Police have obtained could be provided to you to assist you with your investigation. It may be that the Police agree to provide witness statements they have obtained, which could negate the need for you to carry out interviews, therefore reducing the length of time that your investigation would take.

In some cases, the Police may request that you do not take action in relation to your investigation until they have completed theirs, perhaps due to the sensitivity of the evidence or the possibility that evidence could be destroyed. If such a request is made, your investigation would effectively be put on hold until a future date and, notifications of the suspension of your investigation should be sent to the Ethical Standards Officer, Standards Committee, subject member and the complainant. Regular reviews of the progress of the Police investigation could then be made to help you identify when your investigation should begin. Establishing good rapport with the Police investigating officer is useful in monitoring when your investigation should begin. Of course, each case should be considered taking account of the relevant circumstances, and these points used as a general guide.