Archived decisions

Standards Committee

12 September 2008

Hampshire Fire and Rescue Authority Item 5

17 September 2008

Standards Committee and Sub-Committees - Proposed Terms of Reference

Report of the Clerk

1

Summary

1.1

At its annual meeting on 4 June 2008, the Authority considered and approved revised terms of reference to all but one of its committees. In relation to the Standards Committee, it was agreed to await that Committee's consideration of a report about new regulations for the handling of complaints about Members who have allegedly failed to comply with the Code of Conduct

2

Standards Committee - 17 June 2008

2.1

The Standards Committee met on 17 June 2008. An extract of the report by the Clerk summarising the background to the local hearing of complaints about Member Conduct is set out below:

"Background

2.1 As Members will be aware where a complaint is made that a Member or co-opted Member of the Authority has failed to comply with the Code of Conduct applying to them the complaint is submitted to a Standards Board for England (SBE). Officers at the SBE then determine whether the allegation appears to disclose a failure by the Member to comply with the Code of Conduct and whether the allegation merits a formal investigation. This process also includes an internal appeal process within the SBE.

2.2 However, by a combination of provisions in the Local Government and Public Involvement in Health Act 2007 and the Standards Committee (England) Regulations 2008 all complaints against Members made from 8 May 2008 must be made to the Standards Committee of the Member's Local Authority.

2.3 The Regulations require that the Standards Committee establish two sub-committees consisting of at least three members and to be chaired by one of the independent members, one to carry out the initial assessment as to whether or not an allegation appears to disclose a failure by a Member to comply with the Code of Conduct and the other to undertake any review that might be required. It is important to note at this stage that the membership of the two sub-committees must be entirely separate. Each initial assessment of an allegation must be carried out within twenty working days of receipt with any review of a decision not to investigate a complaint being carried within a period of three months.

2.4 It should be noted however that neither the Act nor the Regulations have any significant impact on the pre-existing procedure whereby complaints can be referred from the Standards Board for England to a local standards committee for investigation and, if appropriate, hearing. That procedure will essentially remain as hitherto with the Standards Committee having an obligation to consider the Monitoring Officer's report into an investigation and depending upon the Monitoring Officer's recommendation to decide to take no further action or to require a hearing to take place. A full copy of the Clerk's report is available on request".

2.2

In response to the above, the Clerk proposes new terms of reference for the Standards Committee and Sub-Committees for the Authority to approve. (see attached appendix) . The Standards Committee are to meet on 12 September 2008 and any comments they have on their proposed new Terms of Reference will be reported to the Authority on 17 September 2008.

3

Recommendation

3.1

That the terms of reference of the Standards Committee and Sub-Committees as appended to this report be approved.

4

Equality Impact Assessment

4.1

An impact assessment has been made on the proposals in the paper and shown that they are not discriminatory. They are considered compatible with the provisions of the European Convention on Human Rights, the Human Rights Act 1998 and the Race Relations (Amendment) Act 2000.

Section 100D - Local Government Act 1972 - background papers

The following documents disclose the facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

N.B. The list excludes:

Published Works

Documents that disclose exempt or confidential information as defined in the Act.

TITLE FILE

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