Archived decisions
Hampshire Fire and Rescue Authority
Standards Committee and Sub-committees - Proposed Terms of Reference (Changes from existing Terms of Reference show in italics)
1. Standards Committee - Terms of Reference
1.1 To advise the Hampshire Fire and Rescue Authority on the adoption or revision of a Code of Conduct for both members and officers.
1.2 To monitor the operation of the Authority's Code of Conduct.
1.3 To advise, train or arrange to train members of the Authority on matters
relating to the Authority's Code of Conduct and standards of conduct generally.
1.4 To grant dispensation to Members of the Authority from certain specified requirements relating to interest to be set out in the Code of Conduct.
1.5 To establish sub-committees to take such action as is necessary to assess, review, investigate, determine and impose appropriate sanctions in respect of, any written allegation that a Member has failed to comply with the Authority's Code of Conduct (replaces "To deal with any reports from the National Standards Board for England or a Case Tribunal on complaints against members or officers of the Authority")
1.6 To consider and deal with any reports from the Clerk on any matters relating to the conduct of members and officers of the Authority.
1.7 To promote high standards of conduct in the Authority.
2. Convening of Meeting of the Standards Assessment Sub-Committee
2.1 In consultation with the Chairman, the Monitoring Officer shall appoint, and convene a meeting of, the Standards Assessment Sub-Committee, from amongst the Members of the Standards Committee, and any additional Independent Members appointed in accordance with the Standards Committee's terms of reference, provided that at all times the composition of the Sub-Committee complies with Paragraph 2.2.
2.2 The Standards Assessment Sub-Committee shall comprise three members, including an Independent member as Chairman and at least one member of the Authority.
2.3 The meeting shall normally take place within 20 working days of the date of receipt of the complaint.
3. Standards Assessment Sub-Committee - Terms of Reference
3.1 The Standards Assessment Sub-Committee is established to receive allegations that a Member of the Authority has failed to comply with the Authority's Members' Code of Conduct.
3.2 Upon receipt of each allegation and any accompanying report by the Monitoring Officer, the Sub-Committee shall make an initial assessment of the allegation to see if it falls within the Authority's jurisdiction and shall then do one of the following:
3.2.1 Refer the allegation to the Monitoring Officer with an instruction that he/she arrange a formal investigation of the allegation or (after consultation with the Monitoring Officer) directing that he/she arrange training, conciliation or such other appropriate alternative steps; or
3.2.2 Refer the allegation to the Standards Board; or
3.2.3 Decide that no action should be taken in respect of the allegation; or
3.2.4 Where the allegation is in respect of a person who is no longer a Member of the Authority but is a Member of another relevant authority (as defined in Section 49 of the Local Government Act 2000) refer the allegation to the Monitoring Officer of that other Authority.
4. Right to Request a Review
4.1 Where a decision is made by the Standards Assessment Sub-Committee that no action should be taken in respect of the allegation, the person who made the allegation may make a request for that decision to be reviewed. The request shall be made in writing to the Monitoring Officer and it must be received within 30 days of notification of the decision of the Standards Assessment Sub-committee.
5. Convening of Meeting of the Standards Review Sub-Committee
5.1 In consultation with the Chairman, the Monitoring Officer shall appoint, and convene a meeting of, the Standards Review Sub-Committee, from amongst the Members of the Standards Committee, and any additional Independent Members appointed in accordance with the Standards Committee's terms of reference, provided that at all times the composition of the Sub-Committee complies with Paragraphs 5.2 and 5.3. The meeting shall take place within 20 working days of the date of receipt of the request for review, where practicable, and certainly within a maximum of three months from that date.
5.2 The Standards Review Sub-Committee shall comprise three members, including an Independent member as Chairman and at least one member of the Authority.
5.3 The Standards Review Sub-Committee shall not include any member who was a member of the Standards Assessment Sub-Committee whose decision to take no action is subject to review. This is to minimise the risk of conflicts of interest and ensure fairness for all parties.
6. Standards Review Sub-Committee - Terms of Reference
6.1 The Standards Review Sub-Committee is established to review, upon the request of the person who has made an allegation that a Member of the Authority has failed or may have failed to comply with the Authority's Code of Conduct, a decision of the Standards Assessment Sub-Committee that no action be taken in respect of that allegation.
6.2 Upon receipt of such request for a review and any accompanying report by the Monitoring Officer the Standards Review Sub-Committee shall review the decision of the Assessment Sub-Committee and shall then do one of the following :-
6.2.1 Refer the allegation to the Monitoring Officer with an instruction that he/she arrange a formal investigation of the allegation or (after consultation with the Monitoring Officer) directing that he/she arrange training, conciliation or such other appropriate alternative steps; or
6.2.2 Refer the allegation to the Standards Board; or
6.2.3 Decide that no action should be taken in respect of the allegation; or
6.2.4 Where the allegation is in respect of a person who is no longer a Member of the Authority but is a Member of another relevant authority (as defined in Section 49 of the Local Government Act 2000) refer the allegation to the Monitoring Officer of that other Authority.
7. Convening a Meeting of the Standards Consideration Sub-Committee
7.1 In consultation with the Chairman, the Monitoring Officer shall appoint, and convene a meeting of, the Standards Consideration Sub-Committee, from amongst the Members of the Standards Committee, and any additional Independent Members appointed in accordance with the Standards Committee's terms of reference, provided that at all times the composition of the Sub-Committee complies with Paragraph 7.2.
7.2 The Standards Consideration Sub-Committee shall comprise three members, including an Independent member as Chairman and at least one member of the Authority. Membership may include any member who has participated in consideration of the allegation at a meeting of the Standards Assessment Sub-Committee or Standards Review Sub-Committee at an earlier stage.
8. Standards Consideration Sub-Committee - Terms of Reference
8.1 The Standards Consideration Sub-Committee shall be responsible for determining whether:
8.1.1 It accepts the Monitoring Officer's finding of no failure to observe the Code of Conduct; or
8.1.2 The matter should be referred to consideration at a hearing before the Standards Hearings Sub-Committee; or
8.1.3 The matter should be referred to the Adjudication Panel for England for determination.
9. Convening a Meeting of the Standards Hearings Sub-Committee
9.1 Where the Standards Assessment Sub-Committee decides that the matter should be referred for consideration at a hearing before the Standards Hearings Sub-Committee, then, in consultation with the Chairman, the Monitoring Officer shall appoint, and convene a meeting of, the Standards Hearings Sub-Committee for this purpose. The Sub-Committee shall be appointed from amongst the Members of the Standards Committee, and any additional Independent Members appointed in accordance with the Standards Committee's terms of reference, provided that at all times the composition of the Sub-Committee complies with Paragraph 9.2.
9.2 The Standards Hearings Sub-Committee shall comprise three members, including an Independent member as Chairman and at least one member of the Authority. Membership may include any member who has participated in consideration of the allegation at a meeting of the Standards Assessment Sub-Committee or Standards Review Sub-Committee at an earlier stage.
9.3 The meeting shall be held within three months of the date of completion of the Investigating Officer's report (or as soon as reasonably practicable thereafter) and at least fourteen days after the date on which the Monitoring Officer sent the Investigating Officer's report to the member the subject of the allegation (unless the member agrees to it being held earlier).
10. Standards Hearings Sub-Committee - Terms of Reference
10.1 The Standards Hearings Sub-Committee is established to hold a hearing pursuant to Regulation 18 of the Standards Committee (England) Regulations 2008, and make one of the following findings:
10.1.1 that the Member did not fail to comply with the Code of Conduct; or
10.1.2 that the Member did fail to comply with the Code of Conduct, but that no action needs to be taken in respect of the matters considered at the hearing: or
10.1.3 that the Member did fail to comply with the Code of Conduct and that one of, or any combination of, the following sanctions should be imposed:
10.1.3.1 censure of the Member:
10.1.3.2 restriction for a period not exceeding six months of
That Member's access to the premises of the Authority or that Member's use of the resources of the Authority, provided that those restrictions are reasonable and proportionate to the nature of the breach, and do not unduly restrict the Member's ability to perform the functions of a Member;
10.1.3.3 partial suspension for a period not exceeding six
months;
10.1.3.4 suspension for a period not exceeding six months;
10.1.3.5 that the Member submits a written apology in a form specified by the sub-Committee;
10.1.3.6 that the Member undertakes such training as the Sub-Committee specifies;
10.1.3.7 that the Member participate in such conciliation as the Sub-Committee specifies;
10.1.3.8 suspension, or partial suspension, for a period not exceeding six months or until such time as the Member submits a written apology in a form specified by the Sub-Committee.
10.1.3.9 suspension; or partial suspension, for a period not exceeding six months or until such time as the Member has undertaken such training or has participated in such conciliation as the Sub-Committee specifies.