Committee details

Standards and Constitution Committee

6 members

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.