Minutes:
Consideration was
given to Motion No. 154, moved by Councillor M Storey and seconded by
Councillor Rostron of which notice had been given in
accordance with Council Procedure Rules No. 53-60 as follows:
Public Censure
A Standards
Committee Meeting held on 11 May 2022 concluded that Councillor J McTigue,
acting in her capacity as a member of Middlesbrough Borough Council (‘the
Council’), had breached items 3.2, 3.5 and 3.12 of the Members Code of Conduct
on social media posts on 28 November 2019 and on 23 December 2020, in that she
did not respect others, conducted herself in a manner which was likely to bring
the authority, office, or the Member into disrepute and did not use social
media responsibly.
Following consideration
of the Standards complaint, the Standards Committee in consultation with the
Independent Person, ordered that a number of sanctions be imposed, one of which
included that Councillor McTigue to be subject of a motion of public censure at
the full Council meeting.
In accordance with
the Standards Committee’s resolution, the matter of a motion of censure is now
placed before Council in respect of Councillor McTigue’s conduct in respect of
the matters detailed by the Investigating Officer in the report to the
Standards Committee meeting held on 11 May 2022.
Councillor M Storey
advised that the motion had been due to be considered by the Council meeting on
6 July however, Councillor Saunders, the acting Chair of the Standards
Committee at the time the resolution was passed, had refused to bring the
motion to Council, because he had concerns regarding the fact that the
complaint had been processed, given the six months deadline for submission of
complaints, contained in the procedure rules. In Councillor Saunders view, the
complaint was not submitted within the required six months deadline. Councillor
Storey advised that Councillor Saunders believed that on the above
technicality, Councillor McTigue should not be censured. The Standards Committee had however
unanimously agreed that Councillor McTigue had breached the Members’ Code of
Conduct and as a consequence, the motion to Council to censure Councillor
McTigue had been agreed.
The matter was
considered again at an informal meeting of the Standards Committee, following
advice from legal services, where a decision was made that Councillor M Storey
and Councillor Rostron should propose the censure
motion at the Council meeting scheduled for 7 September 2022.
Councillor Storey
stated that Councillor McTigue had posted unacceptable information about an
officer on social media. The motion to censure would send a clear message to
members with regard to how they should behave towards officers.
It was essential
that members abided by the Members Code of Conduct and the Nolan principles,
and when members failed to abide by these rules, then action should be
taken.
The Chair advised
that as Councillor McTigue was unable to attend the meeting, she had requested
that he read a statement out prepared by the councillor, setting out the
reasons, why in her view, she should not be censured. The Chair read the
statement out to the meeting, as requested by Councillor McTigue.
Councillor Saunders
advised that at the Standards Committee held on 11 May, where Councillor Mc Tigue was adjudged to have broken the Code of Conduct, he
was acting as the Chair of the Standards Committee.
Councillor Saunders
stated that he had advised the Monitoring Officer of his concerns regarding the
6 months cut off deadline for submission of Standards complaints. The six
months rule for submission of complaints was contained in the procedure rules.
The procedure rules were subsequently removed from the internet as they were
misleading. Councillor Saunders stated that in his view, this was a governance
failing and, as a consequence, he stated that he was unable to support the
motion for censure.
Councillor Hubbard
stated that he concurred with the comments of Councillor Saunders. The
procedure rules had been submitted to the Constitution and Members Development
Committee in April 2018 and had been subsequently confirmed by full Council, on
16 May 2018. He stated the issue was not about a technicality, it was regarding
policies and procedures and whether Council officers should be allowed to change
them.
Councillor M Storey
pointed out that officers, at both meetings, had provided clear guidance, to
the Chair of the Standards Committee, that there was no time restriction for
hearing the complaint. There was an archaic document on the website but that
was taken down. Councillor Storey
advised that both labour and independent councillors were present at the
meeting, where the committee decided to recommend that Councillor McTigue be
censured.
The Deputy
Monitoring Officer advised that the Council delegated functions to various
committees, and the authority to deal with Standards functions had been
delegated by Council to the Standards Committee. The Standards Committee was
overseeing the governance arrangements in respect of complaints about breaches
of the Members’ Code of Conduct, and by doing so, the committee was making
decisions on behalf of full Council. The Standards Committee were unanimous in
their decision that there had been a breach of the Members Code of Conduct.
The Deputy
Monitoring Officer pointed out that the members of the Standards Committee were
provided with advice before and after the committee meeting.
There was an
opportunity for the councillor subject to censure, to challenge the decision of
the Standards Committee and the councillor was at liberty to do that.
The Deputy
Monitoring Officer stated that members might want to consider whether they were
undermining the authority of the Standards Committee if they chose not to
consider the motion submitted through the Standards Committee. The Deputy
Monitoring Officer reminded members that they were voting on a motion of the
Standards Committee to censure Councillor McTigue.
Councillor Rathmell stated that he acknowledged the view and the
opinion of the legal officers. He stated that the issue was not about
undermining the Standards Committee, because paragraph 51 of the Council
Procedure Rules stated “The Council shall consider recommendations made to it
by Committees on matters falling within the Committee’s terms of reference. The
recommendation shall be moved by the Chair of that Committee”. A seconder to
the motion is not required.
Councillor Rathmell stated that any motion to censure the councillor
should have been submitted by the Chair of the Standards Committee, in
accordance with paragraph 51 of the Council Procedure Rules.
Councillor Rathmell stated that Councillor McTigue had sought
clarification on the Standards complaints guidance and with regard to whether
there was any provision within the Localism Act with regard to this issue however
the guidance had been removed from the Council website because it was archaic
and there was no response received with regard to the query about the Localism
Act.
For the above
reasons, Councillor Rathmell stated that it was not
appropriate to pass the motion of censure in respect of Councillor McTigue.
Councillor Rathmell proposed a motion under paragraph 93 (c) of the
Council Procedure Rules. The motion to proceed to the next business was
seconded by Councillor Hubbard.
Councillor Rooney
requested that a recorded vote be held.
The Deputy
Monitoring Officer advised that in order for a recorded vote to be held, a vote
would need to be carried out. If 12 councillors indicated that they wished to
have a recorded vote, then a recorded vote would be held.
As more than 12
councillors indicated that they wished to have a recorded vote, the Deputy
Monitoring Officer conducted a recorded vote on whether to proceed to the next
business.
The outcome of the
recorded vote to proceed to next business was as follows:
FOR: Mayor – A Preston, Councillors A Bell, C
Hobson, J Hobson, B Hubbard, D Jones, L Mason, D McCabe, M Nugent, J Platt, E
Polano, J Rathmell, R Sands, M Saunders, G Wilson
AGAINST: Councillors R Arundale, I Blades, T
Furness, A Hellaoui, T Higgins, N Hussain, L Lewis, D
Rooney, J Rostron, M Storey, P Storey, Z Uddin, J
Walker
ABSTAIN: Councillors D Coupe, C Dodds,
T Grainge, M Smiles, S Walker
Following the
outcome of the recorded vote, it was ORDERED as follows:
That the Council proceed to the next item on the agenda.
Supporting documents: