Issue - meetings

To consider a report outlining how to progress the establishment of the Standards Committee’s local assessment and review function in relation to allegations of misconduct and complaints received in relation to the Code of Conduct.

The Committee considered a report of the Borough Solicitor on progressing the Committee’s local assessment and review function in relation to allegations of misconduct and complaints received in relation to the Code of Conduct.

The Committee had decided at its previous meeting to set up an Assessment Sub- Committee and a Review Sub -Committee. The role of the Assessment Sub- Committee was to make an initial assessment of an allegation and decided whether to refer it for further consideration or take no action and the role of the Review Sub -Committee was to consider requests for a review of a decision of the Assessment Sub- Committee not to take any further action on an allegation.

The Report proposed that the Committee adopt Assessment Criteria to use to assess complaints and assist with deciding what action to take, if any.  The adoption and publication of Assessment Criteria would ensure that complainants could be confident that allegations of misconduct would be taken seriously and dealt with appropriately while ensuring efficient use of public money and officers’ and Members’ time.  Draft Assessment Criteria was attached as an Appendix for consideration by the Committee. 

If either the Assessment Sub-Committee or Review Sub-Committee decided that an allegation deserved further investigation a report would be commissioned by, or on behalf of, the Monitoring Officer.  If the Assessment Sub -Committee, when considering that report, felt the complaint warranted further consideration it was proposed that a separate Hearings Sub- Committee would be established to consider the report in detail or conduct a hearing and then determine any sanctions if a finding of failure to observe the Code of Conduct was made. 

The report set out draft Terms of Reference for the Assessment Sub- Committee, Review Sub-Committee and Hearings Sub-Committee.

RESOLVED:  That

(a) the draft Assessment Criteria set out in Appendix 1 be approved and adopted subject to an amendment to point 2 relating to Timescale to now  read “The Sub- Committee will take into account when the events subject to the complaint took place and will not normally investigate or pursue other action if the event occurred more than 12 months prior to the complaint being submitted (except if it decides there are exceptional circumstances)”;

(b) a separate Hearings Sub- Committee be established; and

(c) the draft Terms of Reference for the Assessment Sub- Committee, Review Sub -Committee and Hearings Sub- Committee as set out in Appendices 2, 3   and 4 to the report be approved and adopted.