Agenda and minutes

The Standards Committee considered a report of the Borough Solicitor explaining the requirement to establish a procedure for the making of local determinations of complaints against Councillors alleged to have breached the Code of Conduct following the Local Authorities (Code of Conduct)(Local Determination) Regulations 2003.  In assisting with this process, the Standards Board for England issued guidance, which was taken into account when drafting Harrow’s procedures.

The Corporate Solicitor explained how the procedure only applied to determinations which had been investigated by an Ethical Standards Officer (ESO) of the Standards Board for England (SBE) who then referred the matter back to the Standards Committee. The Hearing Panel was then required then to hear the case. The complaints procedure applied to Co?optees with voting rights and the Independent Members of Standards Committee in addition to Councillors.

Resolved to Recommend:  (For decision by Council)

That Council agree (1) the establishment of The Standards Committee Hearing Panel of 5 Members, to hear local determinations (comprising both the Independent Persons and one Elected Member from each of the main political parties, within the Standards Committee Membership, as now set out in Appendix 1;

(2)  that the quorum for the Panel hearing a local determination be 3, including at least one  of the Independent Persons;

(3)  that the Panel hearing a local determination be chaired by one of the Independent Persons;

(4)  that the Independent Person to fulfill the function in (3) be appointed by the Standards Committee;

(5)  that Members attending a Panel be required to vote on a local determination and not be permitted to abstain;

(6)  the procedure as now set out in Appendix 2.

(Minute 61 also refers)

To appoint a Chair for the Committee for the remainder of the Municipal Year 2003/2004.

After being put to a vote it was

RESOLVED: That Councillor Janet Cowan be appointed Chair of the Standards Committee for the remainder of the Municipal Year 2003/2004.

To appoint a Vice -Chair for the Committee for the remainder of the Municipal Year 2003/2004.

RESOLVED: That Mrs Bijal Shah, an Independent Member, be appointed Vice-Chair for the remainder of the Municipal Year 2003/2004.

To note the attendance at this meeting of any duly appointed Reserve Members.

RESOLVED:  To note the attendance at this meeting of the following duly appointed Reserve Members:-

To receive declarations of interest (if any) from Members of the Committee arising from business to be transacted at this meeting.

RESOLVED:  To note that there were no declarations of interests made by Members in relation to the business transacted at this meeting.

Report of the Borough Solicitor.

The Borough Solicitor informed the Committee that the report required further amendments, and suggested the item be withdrawn and once revised, be brought back to a future meeting.

RESOLVED: The report of the Borough Solicitor be withdrawn pending revision and submission to a future meeting.

Report of the Borough Solicitor.

The Monitoring Officer verbally advised the Committee that information in a particular case was being assembled, and may be referred to the SBE.  In order to avoid any potential challenge should the case be referred back to a local Hearing Panel for determination, no other information was disclosed.

RESOLVED:  That the report be noted.

That the minutes of the meeting held on 11 June 2003, having been circulated, be taken as read and signed as a correct record.

RESOLVED; That the minutes of the meeting held on 11 June 2003, having been circulated, be taken as read and signed as a correct record.

To receive questions (if any) from local residents or organisations under the provisions of Committee Procedure Rule 18 (Part 4B of the Constitution).

RESOLVED:  To note that there were no public questions, petitions or deputations submitted to this meeting under the provisions of Committee Procedure Rules 18, 15 and 16 (Part 4B of the Constitution) respectively.

Report of the Borough Solicitor.

The Borough Solicitor presented the report to the Committee inviting Members of the Standards Committees from boroughs throughout West London to attend a social gathering at Brent Town Hall, to discuss, share and hopefully enhance their knowledge relating to the implementation of the new ethical framework, how to hold a hearing, declaring interests etc.

RESOLVED: Members of the Committee agreed to attend the event at Brent Town Hall. The date was yet to confirmed but was scheduled to take place on either 6 or 13 November.

The Member Development Working Party made a Recommendation to the Standards Committee asking Members to consider a report from the Training and Development Manager which outlined the Annual Process cycle for Member Development. The idea behind this was to create some clarity and a structure to the Member Development programme. In addition, the Working Party requested that the Executive Director (Organisational Development) be responsible for the Member programme and budget.

RESOLVED: That (1) a process based on an annual cycle for Member development as outlined in Appendix 1 to the report, for planning, approving, monitoring and evaluating development for Members be agreed;

(2) the Executive Director (Organisational Development) be responsible for developing and co-ordinating a Member development programme and for approving costs associated with the budget for Member development.

Report of the Borough Solicitor.

The Corporate Solicitor presented the report of the Borough Solicitor, explaining why the Local Authority was required to have procedures in place and how an established Hearing Panel would be required to hear local determinations. After briefly outlining each section of the draft procedures, which were based upon the Local Authorities (Code of Conduct) (Local Determinations) Regulations 2003, for the Standards Committee Hearing Panel, the officer invited Members to comment.

Members queried whether the complainants were permitted legal representation at a Hearing Panel and were informed that complainants are entitled to arrange and pay for themselves any form of representation, although the Standards Board wanted to keep the process informal at local level and considered that legal representation would be more appropriate where a determination was being heard at national level. However, the Borough Solicitor clarified that the Local Authority would be contravening the Human Rights Act if the complainant were to be refused such a request. In response to another query concerning the reimbursement of legal fees, the Committee was advised that currently there was not a system in place for complainants to receive indemnity costs through the Local Authority nor was it lawful, although the Authority may if the law changes as anticipated consider reimbursement, but would have to determine each case on the individual merits.

The Committee was further advised that if a Member was reported more than once to the Standards Board, it was unlikely that the case would be referred back to the Committee for a local hearing. It was more probable that the case would be heard via the adjudication panel at the Standards Board. The Borough Solicitor advised the Committee that if a case involved any form of crime, he hoped that the Standards Board would not subject it to any undue process but rather would report the case directly to the Police, having regard to the timescale factor.

RESOLVED:  That the report of the Borough Solicitor be received and the context for the procedures to be established for the Local Determination of Complaints referred from the Standards Board for England be noted

(Note: Recommendation I of this report also refers)