Local determinations by Standards Committees

Report: 10
Date: 21 November 2003
By: Clerk

Summary

This report outlines the new regulations that enable standards committees to determine cases referred to them by an Ethical Standards Officer. At the meeting members will be briefed on the procedure to be followed in hearing these cases.

A. Recommendation

That the report be noted

B. Supporting information

1. The Local Authorities (Code of Conduct) (Local Determination) Regulations took effect from 30 June 2003. The Regulations will mean that:

• A complaint about a Member of the MPA, that she/he has failed to comply with the Code of Conduct, made by another Member or a member of the public, will be investigated in the first instance by an Ethical Standards Officer (ESO) appointed by the Standards Board.
• If the ESO considers that there is a case to answer, it may be referred to the MPA Standards Committee for determination. In general terms they will be cases where the ESO believes that there is purely local significance and which can be dealt with without resorting to the sanctions available to the Standards Board Adjudication Panel
• When a complaint is referred to the MPA, it must be determined by the Standards Committee, who must hold a hearing on the complaint within three months of the referral
• A Member who is the subject of a hearing has the right to present evidence and make representations, and may be represented by a lawyer (although the Member must bear his/her own legal costs)
• The Standards Committee may find that there was no failure to comply with the Code of Conduct, or that there was a failure but that it does not warrant further action, or that the failure warrants a sanction
• The sanctions available to the Standards Committee are:
  • censure of the Member
  • restriction of the Member’s access to the premises of the MPA and use of its resources for a maximum period of three months
  • partial suspension of the Member for a maximum period of three months
  • partial suspension of the Member for a maximum period of three months, or until he/she apologises or undertakes training or conciliation as specified by the Committee
  • suspension for a maximum of three months, or until an apology is submitted or training undertaken
• Findings by the Standards Committee must be published
• A Member who is the subject of a finding by the Standards Committee may appeal to the Adjudication Panel for England.

2. The Standards Board for England has published guidance for standards committees and monitoring officers. Members will be briefed on this at the meeting (the guidance was previously sent to the committee members in July, but additional copies will be available at the meeting).

C. Equality and diversity implications

There are no specific implications in this report. However, integral to the procedure followed by standards committees and monitoring officers in arranging and hearing cases will be the need to ensure that equalities issues are fully addressed along with other fairness issues.

D. Financial implications

There are no specific financial implications.

D. Background papers

• members’ briefing paper no 46/2003

E. Contact details

Report author: Simon Vile, Secretariat, MPA.

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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