Standards Committee

1. The role of the Standards Committee is:

a. promoting and maintaining high standards of conduct and ethical governance by Members and co-opted members of the Authority
b. assisting Members and where appropriate co-opted Members to observe the Member Code of Conduct
c. advising the Authority on the re-adoption or revision of the Member Code of Conduct
d. advising the Authority on the adoption or revision of the code for member-officer relations
e. monitoring the operation of the Member Code of Conduct
f. advising, training or arranging to train the Members and co-opted members of the Authority on matters relating to the Member Code of Conduct
g. granting dispensations to Members, from requirements relating to interests set out in the Member Code of Conduct
h. dealing with any reports from the case tribunal or interim case tribunal and any report from the Monitoring Officer or any matter which was referred by Standards for England to the Monitoring Officer
i. to assess and review complaints about Members
j. to conduct determination hearings
k. to receive reports, and comment on complaints procedures and/or reports from Local Government Ombudsman or external auditors, which are relevant to the Standards Committee's responsibilities.
l. To advise the Authority on the appointment of independent members of the Standards Committee.
m. to consider the compliance of the Constitution with the ethical framework
n. to consider any application received from any officer of the Authority for exemption from political restriction under sections 1 and 2 of the Local Government and Housing Act 1989 in respect of the post held by that officer and, if it thinks fit, to direct the Authority that the post shall not be considered to be a politically restricted post and that the post be removed from the list maintained by the authority under section 2.2 of that Act; and
o. upon the application of any person, or otherwise, to consider whether a post should be included in the list maintained by the Authority under section 2.2 of the 1989 Act and, if it thinks fit, to direct the Authority to include a post in that list.

The Standards Committee has established sub-committees to conduct assessments, reviews, consideration of investigation reports and hearings on its behalf.

A. Assessment Sub-Committee

1. The Assessment Sub-Committee has been established to receive allegations that a member of the authority has failed, or may have failed, to comply with the authority's Member Code of Conduct. Upon receipt of each allegation and any accompanying report by the Monitoring Officer, the Sub-Committee shall make an initial assessment of the allegation and shall then do one of the following:

a. refer the allegation to the Monitoring Officer, with an instruction to arrange a formal investigation of the allegation or arrange training, conciliation or such appropriate alternative steps as permitted by Regulations
b. refer the allegation to Standards for England, stating the reasons for that decision
c. Decide that no action should be taken in respect of the allegation, stating the reasons for that decision.
d. 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 relevant authority and
e. Shall instruct the Monitoring Officer to take reasonable steps to notify the person making the allegation and the member concerned of that decision.

2. Upon completion of an investigation by the Monitoring Officer, the Sub-Committee shall determine whether –

a. it accepts the Monitoring Officer's findings of no failure to observe the Code of Conduct
b. the matter should be referred for consideration at a hearing before the Hearings Sub-Committee; or
c. The matter should be referred to the First Tier Tribunal for determination.

B. Review Sub-Committee

1. If the Assessment Sub Committee decides that no action should be taken in respect of an allegation that a Member of the Authority has failed, or may have failed, to comply with the Authority's Member Code of conduct, the person who made the allegation has a right to request a review of the Assessment Sub Committee's decision. The Review Sub Committee will conduct all such reviews.

2. Upon receipt of each such request and any accompanying report by the Monitoring Officer, the Sub-Committee shall review the decision of the Assessment Sub-Committee and shall then do one of the following:

a. refer the allegation to the Monitoring Officer, with an instruction to arrange a formal investigation of the allegation or take an alternative action as permitted by the Regulations
b. refer the allegation to Standards for England, stating the reasons for that decision
c. decide that no action should be taken in respect of the allegation stating the reasons for that decision; or
d. 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 relevant authority; and e. Shall instruct the Monitoring Officer to take reasonable steps to notify the person making the allegation and the member concerned of that decision.

C. Consideration Sub Committee

1. Upon receipt of each such request and any accompanying report by the Monitoring The Consideration Sub-Committee will consider a report of an investigation referred to the Standards Committee by the Monitoring Officer and determine whether:-

a. that it accepts the Monitoring Officer's finding of no failure to comply with the Member Code of Conduct; or
b. that the matter should be considered at a hearing of the Hearing Sub Committee; or
c. that the matter should be referred to the First Tier Tribunal for determination

D. Hearing Sub Committee

1. The Hearing Sub Committee will hold a hearing in relation to a matter referred to it by the Consideration Sub Committee and will make one of the following findings

a. that the member who was the subject of the hearing had not failed to comply with the Code of Conduct of the Authority;
b. that the member who was the subject of the hearing had failed to comply with the Code of Conduct of the Authority but that no action needs to be taken in respect of the matters which were considered at the hearing; or
c. that the member who was the subject of the hearing had failed to comply with the Code of Conduct of the Authority and that a sanction should be imposed.

1. The Standards Committee will comprise 7 Members, 5 independent lay persons and 2 Authority Members (one representative from Herefordshire and one from Worcestershire).

2. In accordance with Section 53(10) of the Local Government Act 2000, political balance will not apply.

3. Group Leaders, the Chair and Vice Chair of the Authority are not eligible to serve on the Standards Committee.

4. The quorum of the Committee will be 3 Members .The Committee will be chaired by a lay member.

5. The Sub-Committees will comprise 3 Members including at least one independent lay member and one Authority representative. The sub committees shall be chaired by a lay member.

6. Members that have served on the Assessment Sub-Committee shall not serve on a Review Sub-Committee in relation to the same matter.  

Substitution

1. Each Authority representative on the Committee shall have a named substitute appointed by the Authority.  

1. The Chair and Vice-Chair will be elected from amongst the independent lay Committee members.

2. Where possible, the Chair shall alternate each year between a Herefordshire based Independent Member and Worcestershire based Independent Member.

3. The Committee will meet as and when required and in addition hold an annual review meeting.

4. The Committee will submit an annual report to the Authority each June.

5. The Committee Chair will report proceedings of the Committee to the Authority.

6. The minutes and reports of the Committee will be available for public inspection, except those documents classified as exempt.

7. The Committee will be advised by the Monitoring Officer and other officers and advisors as necessary.

8. When assessing complaints alleging breaches of the Code of Conduct, the Committee shall have regard to the:

a. the published assessment criteria for deciding whether to refer a complaint for investigation (Appendix 1); and
b. procedure for Local Assessment and Investigation of Complaints that Members have breached their Code of Conduct (Appendix 2)

9. With the exception of assessment and review sub committees meetings will normally be held in public, with the right of attendance for all members, public and press, except during consideration of exempt business.

10. With the exception of assessment and review  sub- committees an agenda, together with reports, will be made available at least five clear working days before each formal meeting.