Delegations to Standards Committee and Council's Monitoring Officer

Delegations to Standards Committee

Council is asked to delegate to Standards Committee the following powers:

1. To promote and maintain high standards of conduct by councillors, co-opted members and church and parent governor representatives;

2. To assist councillors, co-opted members and church and parent governor representatives to observe the Council's Code of Conduct for Members;

3. To advise the Council on the adoption, revision or replacement of the Council's Code of Conduct for Members and the Council's Arrangements for dealing with Complaints that Council Members have failed to comply with the Council's Code of Conduct for Members ("the Council's Arrangements");

4. To monitor the operation of the Council's Code of Conduct for Members and the Council's Arrangements;

5. To advise, train, or arrange to train councillors and co-opted members and church and parent governor representatives to observe the Council's Code of Conduct for Members;

6. To determine in accordance with the Council's Arrangements whether a Council member has failed to comply with the Council's Code of Conduct for Members and, if so, to determine what action (if any) to take in respect of the Council member.

7. To delegate such of the Council's powers as can be delegated to take decisions in respect of decisions in respect of a Council member who is found on a hearing in accordance with the Council's Arrangements to have failed to comply with the Council's Code of Conduct for Members, such actions to include:

  • Publication of the findings of the Standards (Hearing) Sub-Committee in respect of the Subject Member's conduct;
  • Recommendation to Council that the Subject Member should be censured;
  • Recommendation to the Subject Member's group leader (or in the case of ungrouped members to Council) that the Subject Member should be removed from any or all committees or sub-committees of the Council;
  • Recommendation to the Leader of the Council that the Subject Member should be removed from the Cabinet, or removed from their portfolio responsibilities.
  • Instructing the Monitoring Officer to arrange training for the Subject Member;
  • Recommendation to Council that the Subject Member should be removed from all appointments to which the Subject Member has been appointed or nominated by the Council.
  • Withdrawal of facilities provided to the Subject member by the Council, such as a computer, website and/or e-mail and Internet access; or
  • Placing such restrictions on the Subject Member's access to Council staff, buildings or parts or buildings as may be reasonable in the circumstances.

8. Dispensations:

8.1 To grant dispensations from Section 31(4) of the Localism Act 2011 (after consultation with the Independent Person) if, having had regard to all relevant circumstances, the Standards Committee

  • (i) considers that granting the dispensation is in the interests of persons living in the Council's area, or
  • (ii) considers that it is otherwise appropriate to grant a dispensation.

8.2 To determine appeals against the Monitoring Officer's decision on the grant of dispensations.

Delegations to Council's Monitoring Officer

Council is asked to delegate to the Council's Monitoring Officer the following powers:

1. To act as the Council's Proper Officer to receive complaints that Council members have failed to comply with the Council's Code of Conduct for Members;

2. To determine, after consultation with the Independent Person and in accordance with the Council's Arrangements for dealing with Complaints that Council Members have failed to comply with the Council's Code of Conduct for Members ("the Council's Arrangements") whether to reject, informally resolve or investigate a complaint.

3. To seek informal resolution of complaints that Council members have failed to comply with the Council's Code of Conduct for Members wherever practicable.

4. To refer decisions dealing with a complaint against a Council Member to the Standards Committee in exceptional circumstances.

5. To arrange for the appointment of an Investigating Officer to investigate a complaint where the Monitoring Officer (in consultation with the Independent Person) determines that a complaint merits formal investigation.

6. To issue guidance to be followed by an Investigating Officer on the investigation of complaints.

7. To determine, after consultation with the Independent Person and in accordance with the Council's Arrangements, to confirm an Investigating Officer's finding of no failure to comply with the Council's Code of Conduct for Members.

8. Where an Investigating Officer's report finds that the Subject Member has failed to comply with Council's Code of Conduct for Members, to determine, after consultation with the Independent Person and in accordance with the Council's Arrangements, either to seek a local resolution or to send a matter for local hearing.

9. Independent Persons:

9.1 To make arrangements, to advertise a vacancy for the appointment of

  • (i) Independent Persons and
  • (ii) Co-Opted Independent Members. 

9.2 To make arrangements, in consultation with the Chair of the Council's Standards Committee for short-listing and interviewing candidates for appointment as Independent Persons and to make recommendations to Council for appointment.