The council has chosen to appoint a Standards &
Constitution Committee in accordance with the Localism Act 2011.
The Committee is responsible for considering complaints about the
conduct of members and any co-opted members, which are not
determined by the Monitoring Officer. The Committee has set up a
Standard Hearing Sub-Committee for the determination of such
matters.
The Standards & Constitution Committee will be
politically balanced. Full Council will appoint an Independent
Person, or a panel of such, to advise it and any councillor when
matters of conduct arise.
All hearings and assessments of complaints against
councillors and co-opted members, will be conducted in accordance
with current legal requirements and (subject to those) relevant
provisions set out in in this Constitution.
Terms of reference:
1.
Promoting and maintaining high standards of conduct
by councillors in accordance with the duty contained in Section 27
of the Localism Act 2011.
2.
Assisting councillors to observe the councillors
Code of Conduct.
3.
Advising the Full Council on the adoption or
revision of the Code of Conduct.
4.
Granting dispensations under Section 33 of the
Localism Act 2011 to councillors from the requirements relating to
interests set out in the Code of Conduct.
5.
Making arrangements for investigating and
determining complaints regarding alleged breaches of the Code of
Conduct, including an annual report.
6.
Discharging, through a Hearings Panel, decisions
made following consideration of reports by an Investigating Officer
in connection with 5. above.
7.
Receiving requests for, and / or proposing, review
of the Constitution or parts thereof as necessary; and then
recommending changes to Full Council.
8.
Arrangements for dealing with standards allegations
under the Localism Act 2011.
9.
Work jointly on the corporate governance framework
with the Chairs of Audit and Scrutiny and Strategy and Resources
committees, incorporating strategic planning, corporate risk and
performance management.
To make recommendations regarding:
1.
Significant revisions to the Constitution (subject
to other policy committees being able to make recommendations
direct to council about proposed changes to their terms of
reference).
2.
The adoption and revision of the Councillors’
Code of Conduct.
3.
Changes to the committee’s terms of
reference.
4.
Other matters under the committee’s
jurisdiction which, by virtue of statutory provision, must be
determined by Full Council.
To resolve:
a.
The granting of dispensations in the following
circumstances (under Section 33 of the Localism Act 2011) to
councillors from the requirements relating to interests set out in
the councillors’ Code of Conduct:
i.
That without the dispensation, the representation of
Political Groups transacting the business would be so upset as to
alter the outcome of any vote on the matter.
ii.
That dispensation is in the interests of persons
living in the authority’s area.
iii.
It is otherwise considered appropriate to grant a
dispensation.
Delegation to Hearing
Panels:
1.
Determination of complaints referred by an
Investigating Officer regarding alleged breaches of the
councillors’ Code of Conduct shall be delegated to Hearing
Panels.
2.
Such panels shall comprise three Borough councillors
serving on the Standards and Constitution Committee.
Delegation to officers:
1. All delegations to Officers
must be made in accordance with Appendix 2.
2. To the Monitoring Officer
(see Annexe 3.3), in consultation with the
Chair of the Standards and Constitution Committee, to grant
dispensations in situations where so many councillors of the
decision-making body have Disclosable Pecuniary Interests in a
matter that it would otherwise impede the transaction of the
business.
3. To the Monitoring Officer
(see Annexe 3.3) the power to determine matters in respect of the
councillors’ Code of Conduct and arrangements for dealing
with allegations of breach (following consultation with the
Independent Person where required) except for those which are
identified above as reserved for determination by the Full Council,
other committees or Hearings Panels.
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