Consideration of an investigation report

Report: 4
Date: 4 March 2009
By: the Monitoring Officer

1. Decisions required

1. It is recommended that the Committee considers the investigation report and Schedule of Evidence attached.

2. Having regard to any relevant guidance of the Standards Board for England and professional advice from GLA staff, as the report has found that there was no failure to comply with the Code of Conduct, the Committee must assess the investigation report and either:

(a) accept the recommendation of the investigator; or
(b) reject the recommendation of the investigator.

3. This decision is only required if the Committee rejects the recommendation of the investigator. In those circumstances, the Committee must decide whether:

(a) that the matter should be considered at a hearing of the Standards Committee or Hearings Sub-Committee; or
(b) that the matter should be referred to the Adjudication Panel for determination.

2. Background

2.1 On 7 January 2009, the Assessment Sub-Committee met concurrently with the Greater London Authority’s Standards Committee and decided that the Monitoring Officer should investigate the complaint (See Decision Notice attached at agenda item 3).

2.2 The MPA and the GLA jointly instructed an investigator on this complaint, and the investigation report is attached.

2.3 Each case will always be considered on its own merits and particular facts where potentially two codes of conduct apply, as in this case, and consideration must be given as to whether the subject Member has breached each of the codes individually.

Investigation report – no failure to comply with the Code of Conduct

2.4 The Monitoring Officer recommends the investigation report and its findings to the Committee. The investigation report has made a finding that there has been no failure to comply with the Code of Conduct, and the Standards Committee can either agree with the finding of the investigator noting the recommendation of the Monitoring Officer, or decide that the matter should be considered at a hearing or be referred to the Adjudication Panel for determination.

2.5 Pursuant to Regulation 17 of the Standards Committee (England) Regulations 2008/1085 if the Committee decides that there has been no failure it shall give written notice of that finding to the member who is the subject of the finding of no failure and arrange for a notice to be published stating that there has been no failure on the part of the member concerned to comply with the code of conduct of the authority unless the member concerned request that such notice shall not be published.

3. Legal implications

3.1 The Standards Committee has the power to make the decisions as set out in this report, pursuant to the Local Government Act 2000 (as amended) and the Standards Committee (England) Regulations 2008.

4. Financial implications

4.1 There are no specific or significant financial issues that are relevant to the Committee’s decision.

Report author: Simon Vile, Head of Corporate Secretariat and Monitoring Officer.

Background Papers

• The MPA’s Code of Conduct for Members
• The Standards Committee (England) Regulations 2008/1085
• The Local Government Act 2000 (as amended)
• The Standards Board for England’s guidance “Local Assessment of Complaints”
• The MPA’s Guidance on making a complaint about a GLA Member’s conduct
• Schedule of Evidence – these are not yet publicly available

Report author: Simon Vile, Head of Corporate Secretariat and Monitoring Officer.

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