Paper C
 
Isle of Wight Council

 

Standards Committee

 

Procedure for Local Determination of Allegations against Members

 

1.                  Introduction and Summary

 

This paper sets out the procedure to be followed in the event of a local investigation and determination of allegations of misconduct by Members of the Isle of Wight Council and Parish and Town Councils on the Isle of Wight. No departure will be made from this procedure unless the Monitoring Officer has first notified the Member against whom the allegation has been made of the proposed variation to the procedure and the reasons for that variation.

 

Allegations that a Member has breached the Code of Conduct are referred to the Standards Board for England who will, if they consider the matter serious enough, refer the matter to an Ethical Standards Officer for investigation. The Ethical Standards Officer can make one of the following four findings:

 

(a)               That there is no evidence that the member has failed to follow any part of the Code of Conduct;

 

(b)               That no action needs to be taken in relation to the matters investigated;

 

(c)               That the matter should be referred to the Monitoring Officer of the relevant authority for local determination; or

 

(d)               That the matter should be referred to The Adjudication Panel for England.

 

 

These procedure deals with any referrals to the Monitoring Officer as set out in (c) above and where it is alleged that the Member has breached any of the following local Codes:

 

(a)               A Protocol for Member/Officer relations;

 

(b)               Code of Practice for Councillors and Officers Dealing with Planning Matters;

 

(c)               Code of Practice for Councillors and Officers Dealing wit Licensing Matters;

 

(d)               Protocol on Publicity and the Media; and

 

(e)               The Code for the Registration of Gifts and Hospitality (unless the allegation falls within the national code). 

 

In this process, the function of the Monitoring Officer is to ensure, as far as possible, that all the information which is relevant to the allegation is identified and presented to the Standards Committee, to enable the Standards Committee to come to an informed decision as to whether the Member has failed to comply with the authority's Code of Conduct for Members or a local protocol, and upon any consequential action. The Standards Committee acts in an inquisitorial manner, rather than an adversarial manner, seeking the truth in relation to the conduct of the Member on the balance of the information available to it, and is able to commission further investigation or information where it needs to do so in order to come to a decision.

 

The actions which the Standards Committee may take against the Member may include censuring the Member, the withdrawal of the authority's facilities and (for cases referred to it by an Ethical Standards Officer) suspending or partially suspending the Member from being a member of the authority for a period not exceeding three months.

 

2.                  Actions of the Monitoring Officer on Receipt of Notification or Reference of Allegation

 

(a)               If it is in respect of a breach of a local code to appointment an Investigating Officer.

 

Upon receipt of an allegation that one of the local codes has been breached, the Monitoring Officer may:

 

i.              attempt to resolve the matter informally (perhaps through the offering of advice, guidance or the offering of an apology or explanation by the member involved)

 

ii.             appoint an Investigating Officer in respect of the allegation and instruct him/her to conduct an investigation of the allegation and to report thereon to the authority's Standards Committee. The Investigating Officer may be an officer of the authority, an officer of another local authority, or an external investigator.

 

The Investigating Officer may appoint persons to assist him/her in the conduct of his/her functions.

 

(b)               Upon receipt of a Referral from an Ethical Standards Officer.

 

The Monitoring Officer will arrange for the Standards Committee to consider the matter within 3 months of the date of receipt.

 

The process from this point on will differ slightly (although the principles of fairness will apply to both) and therefore the arrangements are set out separately.

 

PROCESS FOLLOWING THE RECIEPT OF AN ALLEGATION OF A BREACH OF A LOCAL CODE

 

1.                  Notification to Member and Standards Committee

 

(a)               The Monitoring Officer will, as soon as possible, notify in writing the Member against whom the allegation is made:

 

(i)           that he/she has received the allegation;

 

(ii)         of the name and address of the person making the allegation;

 

(iii)       of the conduct which is the subject of the allegation;

 

(iv)        of the section(s) of the local Codes or local protocol which are alleged to have been breached by the Member;

 

(v)          of the procedure which will be followed in respect of the allegation, and

 

(vi)        of the identity of the Investigating Officer.

 

(b)               At the same time as notifying the Member, the Monitoring Officer will notify each member of the Standards Committee in writing of the matters set out in paragraphs 3(a)(i) - (vi) above.

 

(c)               Initial response of the Member

 

In notifying the Member of receipt of the allegation, the Monitoring Officer shall request the Member to respond to the Investigating Officer in writing within 14 days of notification as follows:

 

(i)                 advising the Investigating Officer whether the Member admits or denies the breach of the local Code or local protocol which is the subject of the allegation;

 

(ii)               listing any documents which the Member would wish the Investigating Officer to take into account in any investigation of the allegation, where possible providing copies of these documents, and informing the Investigating Officer of where the original documents may be inspected, and

 

(iii)             provide the Investigating Officer with the name, address and telephone number (or other appropriate contact details) of an person or organisation whom the Member would wish the Investigating Officer to interview in the course of any investigation of the allegation, and any information which the Member would wish the Investigating Officer to seek from that person or organisation.

 

2.                  Conduct of Investigation

 

The Monitoring Officer will issue separate advice to the Investigating Officer setting out how the investigation should be conducted.

 

3.                  Report

 

(a)               When the Investigating Officer is satisfied that he/she has sufficient information to meet the requirement set out in the Guidance from the Monitoring Officer, or has obtained as much information as is likely to be reasonably capable of being obtained, he/she shall prepare a draft report setting out:

 

(i)                 the details of the allegation;

 

(ii)               the Member's initial response to notification of the allegation (if any);

 

(iii)             the relevant information and explanations which he/she has obtained in the course of the investigation;

 

(iv)              a list of any documents relevant to the matter;

 

(v)                a list of those persons whom he/she has interviewed and those organisations from whom he/she has sought information;

 

(vi)              a note of any person or organisation who has failed to co-operate with the investigation and the manner in which they have failed to co-operate; and

 

(vii)            a statement of his/her draft findings of fact.

 

(b)               The Investigating Officer shall then send a copy of his/her draft report to the Member and the person making the allegation, and request that they send any comments thereon to him/her within 10 days

 

(c)               After the expiry of that period (or such extended period as the Investigating Officer may allow), the Investigating Officer shall reconsider his/her draft report in the light of any comments received and shall produce and send to the Monitoring Officer a final report which shall include those matters set out in Paragraph 3(a) above together with the following matters:

 

(i)                 a statement of his/her conclusions;

 

(ii)               a recommendation to the Standards Committee as to whether the Member has breached the local Code or local protocol in the matter set out in the allegation or in respect of any other matter which he/she has determined to investigate as if it were a part of the original allegation, together with a statement of the reasons for making that recommendation;

 

(iii)             a recommendation as to what action (if any) the Standards Committee should take against the Member, together with a statement of the reasons for making that recommendation, and

 

(iv)              any other recommendations which he/she proposes to make to the Standards Committee arising out of the investigation.

 

(d)               At the same time, the Investigating Officer shall send to the Proper Officer a list of all background documents including any notes of interviews which he/she has relied upon in preparing the report, together with copies of any such documents as are in his/her possession and which can conveniently be so copied. The Investigating Officer may at his/her discretion delete or obscure any parts of such interview notes as have not been relied upon in the preparation of his/her report.

 

(e)               The Proper Officer shall then arrange a time and date for the Standards Committee to meet and consider the matter.

 

(f)                 At least 20 clear days before the date of the meeting of the Standards Committee, the Proper Officer shall

 

(i)                 send a copy of the Investigating Officer's final report to the Member;

 

(ii)               notify the Member of the date, time and place of the meeting of the Standards Committee at which the matter will be considered;

 

(iii)             advise the Member of the procedure which will be adopted by the Standards Committee at that meeting.

 

(iv)              Where the Investigating Officer's report recommends that a breach of the local Code or local protocol has occurred request the Member within 10 days of receipt of the report to provide the Proper Officer with a written statement in which the Member sets out his/her response to the report, and which the Member wishes to be sent to the members of the Standards Committee at the same time as the report. Additionally the Member must set out any matter contained in the Investigating Officer's report which the Member proposes to dispute at the meeting of the Standards Committee, in order to enable the Investigating Officer to arrange the attendance at the meeting of the Standards Committee of any witnesses necessary to evidence that matter.

 

(v)                If the Member concerned seeks at the meeting of the Standards Committee to dispute any matter contained in the Investigating Officer's report without having previously identified it in his/her written statement, the Standards Committee may either adjourn the meeting to enable the Investigating Officer to arrange the attendance at the meeting of the Standards Committee of any witnesses necessary to evidence that matter or refuse to allow the Member to dispute that matter and take their decision on the basis of the matter as set out in the Investigating Officer's report.

 

4.                  Committee Agenda and Reports

 

(a)               Committee agenda and reports

 

At least 5 clear days before the day of the meeting of the Standards Committee, the Proper Officer will send to each member of the Standards Committee, to the Member, to the Investigating Officer and to any person who made the allegation which gave rise to the investigation:

 

(i)                 the agenda for the meeting of the Committee;

 

(ii)               a copy of the Investigating Officer's report, and

 

(iii)             a copy of any written statement in response to the report which has been received from the Member.

 

At this stage all papers relating to the matter are confidential and at the commencement of the meeting, the Committee will consider whether the press and public should be entitled to a copy of the papers or excluded from the meeting.

 

5.                  Procedure at the Meeting

 

(a)               Attendance of the Member

 

(i)                 The Member may arrange to be accompanied at the meeting at his/her own expense by a solicitor, counsel or friend.

 

(ii)               If the Member is not present at the start of the meeting, the Committee shall decide whether to adjourn to enable the Member to attend, or to proceed in the absence of the Member. Where the Committee proceeds in the absence of the Member, the procedure for the meeting shall be adapted as necessary, giving any representative of the Member who is present such rights as would otherwise be accorded to the Member.

 

(b)               The matter will be considered in the following way:

 

(i)                 Representations from the Investigating Officer and the Member as to reasons why (as set out in appendix 1) the Committee should exclude the press and public and determination by the Committee as to whether to exclude the press and public (where the Committee decides that it will not exclude press and public, the Proper Officer shall at this point provide copies of the agenda and reports to any members of the press and public who are present).

 

(ii)               Presentation by the Investigating Officer of his/her report to the Committee.

 

(iii)             The Member will have an opportunity to ask questions of the Investigating Officer.

 

(iv)              Members of the Committee will have an opportunity to ask questions of the Investigating Officer.

 

(v)                The Investigating Officer's witnesses will have an opportunity to address the Committee.

 

(vi)              The Member will have an opportunity to ask questions of the Investigating Officer's witnesses.

 

(vii)            Members of the Committee will have an opportunity to ask questions of the Investigating Officer's witnesses.

 

(viii)          The Member concerned will have an opportunity to address the Committee.

 

(ix)              The Investigating Officer will have an opportunity to ask questions of the Member.

 

(x)                Members of the Committee will have an opportunity to ask questions of the Member.

 

(xi)              The Member's witnesses will have an opportunity to address the Committee.

 

(xii)            The Investigating Officer will have an opportunity to ask questions of the Member's witnesses.

 

(xiii)          Members of the Committee will have an opportunity to ask questions of the Member's witnesses.

 

(xiv)          The Investigating Officer will have an opportunity to sum up.

 

(xv)            The Member will have an opportunity to sum up.

 

(xvi)          The Committee will go into private session to consider the matter and reach its conclusion and this, along with their reasons, will then be announced in public.

 

(xvii)        If the Committee conclude that the Member has acted in breach of the Code of Conduct or local protocol, the Committee will then hear representations from the Investigating Officer and then the Member as to whether the Committee should take any action against the Member and what form any action should take. Members of the Committee may ask questions of the Investigating Officer and the Member.

 

(xviii)      The Committee will then go into private session with their advisor to consider whether to take any action against the Member and what form such action should take, and will then return and the Chairman will advise the Investigating Officer and the Member of their decision and the reasons for those decisions.

 

(xix)          The Committee shall then consider in open session whether there are any more general recommendations which the Committee should make arising from their consideration of the allegation.

 

(c)               Non-Cooperation

 

Where the Investigating Officer has reported that any officer or Member of a local authority has failed to co-operate with the investigation, the Committee shall consider whether to make a formal complaint to the Standards Board in England or to the employing authority about such failure to co-operate.

 

(d)               Costs

 

Where the Investigating Officer secures the attendance of any person to give evidence to the Committee, he/she may pay to any such person such fees or allowances as he/she considers to be appropriate subject to the prior approval of the Monitoring Officer.

 

6.                  Reporting of the Decision of the Standards Committee

 

(a)               As soon as practicable after the Committee has completed its consideration and decision in respect of the allegation, the Proper Officer shall:

 

(i)                 send to the Member a written notice of the decision of the Committee which statement shall include a statement of any rights of appeal against that decision;

 

(ii)               send a written report of the decision of the Committee to the next convenient meeting of the Council.

 

(iii)             take reasonable steps to inform any person who any person who made the allegation which gave rise to the investigation.

 

7.                  Confidentiality

 

(a)               No member or officer of the authority shall disclose any information which he/she has obtained in the course of an investigation or in pursuance of this Procedure except in the circumstances set out in Paragraph 7(b) below;

 

(b)               The circumstances referred to above shall be as follows:

 

(i)                 the disclosure is made for the purposes of enabling the Investigating Officer to conduct the investigation or otherwise to carry out his/her functions or the Standards Committee to carry out its functions in relation to the matter;

 

(ii)               the person to whom the information relates has consented to the disclosure;

 

(iii)             the disclosure is made in pursuance of a statutory requirement for disclosure;

 

(iv)              the information has previously been disclosed to the public with lawful authority;

 

(v)                the disclosure is made to the Audit Commission for the purposes of any function of the Audit Commission under the Audit Commission Act 1998; or

 

(vi)              the disclosure is for the purpose of criminal proceedings and the information in question was not obtained as a result of personal enquiries of the person subject to the criminal proceedings.

 

PROCESS FOLOWING THE RECEIPT OF A REFERRAL FROPM AN ETHICAL STANDARDS OFFICER

 

1.                  Notification to Member and Standards Committee

 

(a)               The Monitoring Officer will, as soon as possible (usually the same day), notify in writing the Member against whom the allegation is made of the referral:

 

(i)                 that he/she has received the referral and enclosing a copy of the report from the Ethical Standards Officer (ESO);

 

(ii)               of the name and address of the person making the allegation;

 

(iii)             of the conduct which is the subject of the allegation;

 

(iv)              of the section(s) of the Code of Conduct which are alleged to have been breached by the Member;

 

(v)                the provisional date of the Standards Committee when the case will be heard (no more than 3 months from the date of receipt of the referral) and

 

(vi)              of the procedure which will be followed in respect of the allegation.

 

(b)               At the same time as notifying the Member, the Monitoring Officer will notify each member of the Standards Committee in writing of the matters set out in paragraphs 1(a)(i) - (vi) above.

 

(c)               Where the referral relates to the conduct of a member of a Parish or Town Council, at the same time as notifying the Member, the Monitoring Officer will notify the Clerk of the Parish or Town Council concerned in writing of the matters set out in paragraphs 1(a)(i) - (vi) above.

 

(d)               Initial response of the Member

 

In notifying the Member of receipt of the referral, the Monitoring Officer shall request the Member to respond to the ESO's report in writing within 14 days setting out whether they:

 

(i)                 disagree with any of the findings of fact in the ESO's report, including the reasons for any disagreements;

 

(ii)               want to be represented at the hearing by a solicitor, barrister or any other person;

 

(iii)             want to give evidence to the Standards Committee, either verbally or in writing;

 

(iv)              want to call relevant witnesses to give evidence to the Standards Committee and giving their names, addresses and other contact details;

 

(v)                want any part of the hearing to be held ion private;

 

(vi)              want any part of the ESO's report or other relevant documents to be withheld from the public; and

 

(vii)            can come to the hearing.

 

(e)               The ESO's response

 

Once the Member's views have been received these shall be copied to the relevant ESO who will have 14 days to consider the views and to say whether or not they:

 

(i)                 Will be able to attend the hearing in person or want to be represented at the hearing;

 

(ii)               want to call relevant witnesses to give evidence to the Standards Committee and giving their names, addresses and other contact details;

 

(iii)             want any part of the hearing to be held in private; and

 

(iv)              want any part of the ESO's report or other relevant documents to be withheld from the public.

 

2.                  Pre-hearing process

 

(a)               The pre-hearing process can be undertaken either in writing between the Monitoring Officer, the member concerned, the ESO and the Chairman of the Standards Committee and/or may involve a meeting of these people.

 

(b)               Once the response from the ESO on the Member's views have been received the Pre-hearing process shall decide on the following and then inform all concerned of the decisions:

 

(i)                 The date, time and place for the hearing;

 

(ii)               A summary of the allegation;

 

(iii)             Outline the main facts of the case that are agreed;

 

(iv)              Outline the main facts which are not agreed;

 

(v)                Note whether the member concerned or the ESO will attend or be represented at the hearing;

 

(vi)              List those witnesses, if any, who will be asked to give evidence; and

 

(vii)            Detail the proposed procedure for the hearing.

 

3.                  Witnesses

 

(a)               Although the member concerned is entitled to call any witnesses they want the Standards Committee may limit the number of witnesses called if it believes the number called is unreasonable.

 

(b)              

(b)The Standards Committee may choose not to hear from certain witnesses if it believes that they will simply be repeating evidence of earlier witnesses or if a witness will not be providing evidence that willassist the Committee in reaching a decision.

 

(c)               The Standards Committee may also call any witnesses it feels necessary to help it reach its decision. However the Committee has no power to compel witnesses to attend.

 

4.                  Pre Agenda despatch

 

(a)               At least 20 clear days before the date of the meeting of the Standards Committee, the Proper Officer shall

 

(i)                 send a copy of the ESO's final report to the Member;

 

(ii)               notify the Member of the date, time and place of the meeting of the Standards Committee at which the matter will be considered;

 

(iii)             advise the Member of the procedure which will be adopted by the Standards Committee at that meeting.

 

(iv)              request that within 10 days of receipt of the report the Member provide the Proper Officer with a written statement in which the Member sets out his/her response to the report and any additional comments from the ESO received following the Member's initial comments, and which the Member wishes to be sent to the members of the Standards Committee at the same time as the report. Additionally the Member must set out any matter contained in the Investigating Officer's report which the Member proposes to dispute at the meeting of the Standards Committee, in order to enable the ESO to arrange the attendance at the meeting of the Standards Committee of any witnesses necessary to evidence that matter.

 

(v)                If the Member concerned seeks at the meeting of the Standards Committee to dispute any matter contained in the ESO's report without having previously identified it in his/her written statement, the Standards Committee may either adjourn the meeting to enable the ESO to arrange the attendance at the meeting of the Standards Committee of any witnesses necessary to evidence that matter or refuse to allow the Member to dispute that matter and take their decision on the basis of the matter as set out in the Investigating Officer's report.

 

5.                  Committee Agenda and Reports

 

(a)               Committee agenda and reports

 

At least 5 clear days before the day of the meeting of the Standards Committee, the Proper Officer will send to each member of the Standards Committee, to the Member, to the ESO and to any person who made the allegation which gave rise to the investigation:

 

(i)                 the agenda for the meeting of the Committee;

 

(ii)               a copy of the ESO's report, and

 

(iii)             a copy of any written statement in response to the report which has been received from the Member.

 

At this stage all papers relating to the matter are confidential and at the commencement of the meeting, the Committee will consider whether the press and public should be entitled to a copy of the papers or excluded from the meeting.

 

6.                  Procedure at the Meeting

 

(a)               Attendance of the Member

 

(i)                 The Member may arrange to be accompanied at the meeting at his/her own expense by a solicitor, counsel or friend.

 

(ii)               If the Member is not present at the start of the meeting, the Committee shall decide whether to adjourn to enable the Member to attend, or to proceed in the absence of the Member. Where the Committee proceeds in the absence of the Member, the procedure for the meeting shall be adapted as necessary, giving any representative of the Member who is present such rights as would otherwise be accorded to the Member.

 

(b)               The matter will be considered in the following way:

 

(i)                 Representations from the ESO and the Member as to reasons why (as set out in appendix 1) the Committee should exclude the press and public and determination by the Committee as to whether to exclude the press and public (where the Committee decides that it will not exclude press and public, the Proper Officer shall at this point provide copies of the agenda and reports to any members of the press and public who are present).

 

(ii)               Presentation by the ESO of his/her report to the Committee.

 

(iii)             The Member will have an opportunity to ask questions of the ESO.

 

(iv)              Members of the Committee will have an opportunity to ask questions of the ESO.

 

(v)                The ESO's witnesses will have an opportunity to address the Committee.

 

(vi)              The Member will have an opportunity to ask questions of the ESO's witnesses.

 

(vii)            Members of the Committee will have an opportunity to ask questions of the ESO's witnesses.

 

(viii)          The Member concerned will have an opportunity to address the Committee.

 

(ix)              The ESO will have an opportunity to ask questions of the Member.

 

(x)                Members of the Committee will have an opportunity to ask questions of the Member.

 

(xi)              The Member's witnesses will have an opportunity to address the Committee.

 

(xii)            The ESO will have an opportunity to ask questions of the Member's witnesses.

 

(xiii)          Members of the Committee will have an opportunity to ask questions of the Member's witnesses.

 

(xiv)          The ESO will have an opportunity to sum up.

 

(xv)            The Member will have an opportunity to sum up.

 

(xvi)          The Committee will go into private session with their advisor to consider the matter and reach its conclusion and this, along with their reasons, will then be announced in public.

 

(xvii)        If the Committee conclude that the Member has acted in breach of the Code of Conduct, the Committee will then hear representations from the ESO and then the Member as to whether the Committee should take any action against the Member and what form any action should take. Members of the Committee may ask questions of the ESO and the Member.

 

(xviii)      The Committee will then go into private session with their advisor to consider whether to take any action against the Member and what form such action should take. In its considerations it will consider the advice of the Standards Board on "Deciding a Penalty" as set out in Appendix B. Once it has made its decision the Committee will then return to public session and the Chairman will advise the ESO and the Member of their decision and the reasons for those decisions.

 

(xix)          The Committee shall then consider in open session whether there are any more general recommendations which the Committee should make arising from their consideration of the allegation.

 

(c)               Non-Cooperation

 

Where the ESO has reported that any officer or Member of a local authority has failed to co-operate with the investigation, the Committee shall consider whether to make a formal complaint to the Standards Board in England or to the employing authority about such failure to co-operate.

 

7.                  Reporting of the Decision of the Standards Committee

 

(a)               As soon as practicable after the Committee has completed its consideration and decision in respect of the allegation, the Proper Officer shall:

 

(i)                 send to the Member a written notice of the decision of the Committee which statement shall include a statement of any rights of appeal against that decision;

 

(ii)               send a written report of the decision of the Committee to the next convenient meeting of the Council

 

(iii)             where the allegation relates to a Member in his her capacity as a member of a Parish or Town Council, send a written notice of the decision of the Committee to the Clerk to the Parish or Town Council;

 

(iv)              take reasonable steps to inform any person who any person who made the allegation which gave rise to the investigation.

 

(v)                As soon as possible after the time limit for any appeal by the Member against the decision of the of the Committee has expired, and provided that no such appeal has been lodged by the Member, the Proper Officer will send a report of the outcome of the investigation and the Committee's decision to the Standards Board in England.

 

8.                  Confidentiality

 

(a)               No member or officer of the authority shall disclose any information which he/she has obtained in the course of an investigation or in pursuance of this Procedure except in the circumstances set out in Paragraph 8(b) below;

 

(b)               The circumstances referred to above shall be as follows:

 

(i)                 the person to whom the information relates has consented to the disclosure;

 

(ii)               the disclosure is made in pursuance of a statutory requirement for disclosure;

 

(iii)             the information has previously been disclosed to the public with lawful authority;

 

(iv)              the disclosure is made to the Audit Commission for the purposes of any function of the Audit Commission under the Audit Commission Act 1998; or

 

(v)                the disclosure is for the purpose of criminal proceedings and the information in question was not obtained as a result of personal enquiries of the person subject to the criminal proceedings.

Appendix One

 

Grounds for Confidentiality

 

Paragraph numbers from Schedule 12A of the Local Government Act 1972

 

1.                  Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office-holder, former office holder or applicant to become an office-holder under, the authority.

 

2.                  Information relating to a particular employee, former employee or         applicant to become an employee of, or a particular office-holder, former office holder or applicant to become an office-holder appointed by –

 

(a)               a magistrates' court committee, or

(b)               a probation committee.

 

3.                  Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of the authority.

 

4.                  Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the authority.

 

5.                  Information relating to any particular applicant for, or recipient or former recipient of, any financial assistance provided by the authority.

 

6.                  Information relating to the adoption, care, fostering or education of any particular child.

 

7.                  Information relating to the financial or business affairs of any particular person (other than the authority).

 

8.                  The amount of any expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services.

 

9.                  Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

 

10.             The identity of any person offering any particular tender for a contract for the supply of goods or services.

 

11.             Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matters between the Authority and its employees.

 

12.             Any instructions to counsel and any opinion of counsel and any advice received, information obtained or action to be taken in connection with –

 

 

(a)               any legal proceedings by or against the authority, or

(b)               the determination of any matter, affecting the authority,

 

13.             Information which, if disclosed to the public, would reveal that the authority proposes –

 

(a)               to serve a statutory notice; or

(b)               to make a statutory order or direction.

 

14.             Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

 

15.             The identity of a protected informant.

 

Appendix B

Advice from the Standards Board on "Deciding a Penalty"

 

When deciding a penalty, the Standards Committee should make sure that it is reasonable and in proportion to the member’s behaviour. Before deciding what penalty to set, the Standards Committee should consider the following questions, along with any other relevant circumstances.

 

·        What was the member’s intention? Did the member know that he or she was failing to follow the Code of Conduct?

·        Did the member get advice from officers before the incident? Was that advice acted on in good faith?

·        Has there been a breach of trust?

·        Has there been financial impropriety (for example, improper expense claims or procedural irregularities)?

·        What was the result of failing to follow the Code of Conduct?

·        How serious was the incident?

·        Does the member accept he or she was at fault?

·        Did the member apologise to the relevant people?

·        Has the member previously been warned or reprimanded for similar misconduct?

·        Has the member failed to follow the Code of Conduct before?

·        Is the member likely to do the same thing again?

 

So, for example, if a member has repeatedly or blatantly misused the authority’s information technology resources, the Standards Committee may consider withdrawing those resources from the member.

 

Suspension may be appropriate for more serious cases, such as those involving:

 

·        bullying officers;

·        trying to gain an advantage or disadvantage for themselves or others; or

·        dishonesty or breaches of trust.

 

Penalties involving restricting access to an authority’s premises or equipment should not unnecessarily restrict a member’s ability to carry out his or her responsibilities as an elected representative or co-opted member.

 

There may be other factors, specific to the local environment, that the Standards Committee may also consider relevant when deciding what penalty to set.

 

When deciding on an appropriate penalty, the Standards Committee may want to consider decisions made by other Standards Committees and case tribunals drawn from The Adjudication Panel for England that deal with similar types of cases. To help Standards Committees, we will put appropriate summaries of Standards Committee decisions on our website at www.standardsboard.co.uk