Motion #D12

Revisions to Standing Orders for Party Discipline

Synopsis

A review is in process for improving the Party’s Disputes, Complaints and Disciplinary procedures. Until that is complete, and a new system brought to Conference, the Disciplinary Committee continues to seek improvement to procedures for the benefit of all concerned: complainants, respondents, staff, and the members of relevant bodies.

Motion

Revise SOPD (Standing Orders for Party Discipline) as follows:

1.9 currently reads

“It is a requirement that the Complaints Manager, the Governance Assistant, the members of the Referral Group, the Committee and the Appeals Committee shall receive training in discrimination law, bias and unconscious bias, and Safe Spaces.”

Add “Safeguarding level 1, Understanding Autism and data protection. Training should be provided by the party within one month of a member joining the relevant body, and completed within one month of course receipt, unless the member can confirm such training has been completed within the previous year.

Investigations will not be allocated to Committee members until training is complete, and they may not deliberate in hearings unless three other members who have completed their training are also present.”

So that it reads:

“It is a requirement that the Complaints Manager, the Governance Assistant, the members of the Referral Group, the Committee and the Appeals Committee shall receive training in discrimination law, bias and unconscious bias, Safe Spaces, Safeguarding level 1, Understanding Autism and data protection. Training should be provided by the party within one month of a member joining the relevant body, and completed within one month of course receipt, unless the member can confirm such training has been completed within the previous year.

Investigations will not be allocated to Committee members until training is complete, and they may not deliberate in hearings unless three other members who have completed their training are also present.”

2.1. currently reads

“The Committee shall consist of eleven members of the Party who are not members of the Green Party Executive (GPEx), the Green Party Regional Council (GPRC), Alternative Dispute Resolution Committee (ADRC) or Standing Orders Committee (SOC).”

If the motion “Change to the Constitution for Disciplinary Committee” is passed, then delete and replace with:

“The Committee shall consist of members of the Party who are not members of the Green Party Executive (GPEx), the Green Party Regional Council (GPRC), Disputes Resolution Committee (DRC) or Standing Orders Committee (SOC) who have been elected or appointed by each GPEW region and the nation of Wales.”

2.2 currently reads

“The members of the Committee are elected to serve for a two year period.

i) Each GPEW region and the nation of Wales should elect one member to the Committee. In the event of a member leaving the Committee, the relevant Regional Committee or Wales Green Party Committee should hold an election as soon as possible for a full two-year term.

ii) Annual Conference should elect one member to the Committee.”

If the motion “Change to the Constitution for Disciplinary Committee” is passed, then delete and replace with:

“The term of office for members of the Committee shall be two years.

i) Each GPEW region and the nation of Wales should elect or appoint one member to the Committee each year.

ii) In the event of a casual vacancy, with more than six months of the term remaining, the relevant Regional Committee or Wales Green Party may elect or appoint a replacement to serve the remainder of the term.”

Delete clause 3.12, insert after 3.3 renumbering it and subsequent clauses

3.12 currently reads “Complaints submitted by the Complaints Manager must be presented in a written format to the Committee and must at a minimum specify:

i) The ground on which they propose that the Committee should consider taking disciplinary measures

ii) and

a) In the case of ground 1.2 i), the clause of the Constitution that the member is alleged to have breached or contravened and the manner and circumstances in which they are alleged to have done so;

b) In the case of ground 1.2 ii), the clause(s) of the Code of Conduct that the member is alleged to have breached and the manner and circumstances in which they are alleged to have done so;”

And add a new sentence “Evidence should be provided, for example as attachments or screenshots.”

So that it reads:

“Complaints must be presented in a written format and must at a minimum specify:

i) The ground on which they propose that the Committee should consider taking disciplinary measures

ii) and

a) In the case of ground 1.2 i), the clause of the Constitution that the member is alleged to have breached or contravened and the manner and circumstances in which they are alleged to have done so.

b) In the case of ground 1.2 ii), the clause(s) of the Code of Conduct that the member is alleged to have breached and the manner and circumstances in which they are alleged to have done so.

Evidence should be provided, for example as attachments or screenshots.”

3.15 currently reads “Where the complaint is submitted by a GPEW region, local party or recognised special interest group, it will be expected that it will be accompanied by a case file. The case file should include as a minimum:

i) a summary of the case against the Respondent(s)

ii) the date(s) of alleged breaches

iii) the name(s) and local party(s) of the Respondent(s)

iv) names and contact details of Witnesses”

Add

“v) evidence for example as attachments or screenshots.”

So that it reads:

“Where the complaint is submitted by a GPEW region, local party or recognised special interest group, it will be expected that it will be accompanied by a case file. The case file should include as a minimum:

i) a summary of the case against the Respondent(s)

ii) the date(s) of alleged breaches

iii) the name(s) and local party(s) of the Respondent(s)

iv) names and contact details of Witnesses

v) evidence for example as attachments or screenshots.”

Delete 4.5 which currently reads “The Investigators shall be informed by the Complaints Manager, and take account of any reasonable adjustments that need to be made during the investigation as notified under 3.10.”

And replace with

“The Chair or Deputy Chair shall inform the Complaints Manager of the Investigators allocated to the complaint. The Complaints Manager will inform the Investigators of the contact details of the Complainant, Respondent and any identified witnesses held on the Green Party membership database, as well as any reasonable adjustments that need to be made during the investigation as notified under 3.10.”

Insert another clause (4.7), re-number subsequent clauses and references to those clauses

“When the appointed Investigators receive the complaints form and evidence, they may identify potential breaches of the GPEW Constitution or Code of Conduct, directly connected to this specific complaint which have not been identified by the Complainant. They will obtain the agreement of the complainant, then add these to the complaint. In such cases, the Investigators must inform the Respondent and Complaints Manager that they have extended the remit of the investigation.”