PAPER D
Purpose
: for decision
Committee : STANDARDS COMMITTEE
Date : 21 OCTOBER 2003
Title : DETERMINATION BY
THE STANDARDS COMMITTEE AND PAYMENT OF ALLOWANCES DURING ANY PERIOD OF
SUSPENSION
REPORT OF THE MONITORING
OFFICER
1.
To
consider the issue of the payment of allowances to a member should the
Standards Committee decide to suspend the Councillor under the local
determination procedure.
BACKGROUND
2. At the training session on the Local Determination of complaints by the Standards Committee the question was raised as to whether if a member was suspended would they continue to receive their allowance for the period of disqualification. At the session I agreed to investigate the matter and report back.
3. Immediately following the session I received feedback from a meeting between members of my professional body and the Standards Board where they considered this particular point and the Standards Board advice is:
“The Standards Board view was that suspension should normally lead
to the withdrawal of the members’ allowance.
However, the Allowance Scheme would need to make express provision for this. It was noted that there would need to be
delegation within the Allowance Scheme to suspend allowance payments, such
decision to be taken by the Standards Committee. The Standards Board agreed to
research the question as to whether there was the power to withdraw the
allowances in the case of partial suspension, as it was not clear whether the
Member Allowance Scheme permitted this or not.”
4.
Members will recall that
this concurred with my advice at the time.
5.
This is particularly
timely as it is anticipated that at the next meeting of Full Council (26
November) the Independent Remuneration Panel is expected to submit its
recommendations on the new Members Allowance Scheme. In the light of the above
it is recommended that the Committee consider recommending to the Council that
the new scheme be amended (unless one is already recommended by the
Remuneration Panel) to include the ability of Members Allowances to be
suspended for any period of suspension awarded by the Committee when hearing a
case against a member.
6.
I shall report back
again once we have the advice from the Standards Board on the issue of partial
suspension.
7.
There
is a small risk, in the event of suspension and withdrawal of allowances for
the period of the suspension, that this decision will be challenged either at a
Tribunal or ultimately in the Courts. However provided that the ability to
withdraw the payment of allowances is set in the Allowances Scheme it is
unlikely that such a challenge would be successful.
8.
In
the event of a suspension and withdrawal of allowances for the period there
will be a small saving to the Council. Other than that there are no cost
implications.
9.
The
powers and sanctions of the Standards Committee are enshrined in law in the
Local Government Act 2000 and the Local Authorities (Code of Conduct)(Local
Determinations) Regulations 2003.
RECOMMENDATIONS
10. That Council be recommended to include the following within
the Members Allowances Scheme: “That
the payment of any allowances to a Member may be suspended by the Standards
Committee as part of the sanction in connection with its determination of a
complaint against a Member. Provided that no suspension of allowances shall
exceed the period of suspension of that Members access to the resources of
the Council.” |
BACKGROUND PAPERS
Contact Point : Chris Mathews,
tel: 3280
Monitoring
Officer