Arrangements for Dealing with Standards Allegations
1. The following arrangements constitute the Broads Authority‘s adopted
procedure for dealing with complaints that a member has failed to comply with
the Authority‘s Code of Conduct.
2. A complaint must be made in the first instance to the Solicitor and
Monitoring Officer (the “Monitoring Officer‘).
3. A complaint must be made on the Authority‘s complaint form.
4. The Monitoring Officer will consider a response to the complaint and may
appoint a member of their staff to assess it and decide whether a complaint
should be referred for formal investigation. The Independent Person will be
consulted before a decision on a referral is made.
5. If the Monitoring Officer decides not to refer the complaint for investigation
then the matter is closed. There is no appeal or review of that decision by the
Authority or any other person. The Monitoring Officer will give reasons for the
decision.
6. If the Monitoring Officer decides that the complaint requires investigation
the Monitoring Officer will appoint a person to investigate and prepare a
report.
7. The Monitoring Officer will consider the recommendation of the
investigator‘s report. If the recommendation is that there has been no breach
of the Code the Monitoring Officer will consult the Independent Person. If
having taken into account the views of the Independent Person the Monitoring
Officer approves the recommendation of the report then the Monitoring Officer
will write to the complainant and the member concerned to inform them that
there will be no further action. The Monitoring Officer will give reasons for the
decision. There is no appeal or review of that decision by the Authority or any
other person.
8. If the investigation concludes that there is evidence of a breach of the Code
then the Monitoring Officer will consult the Independent Person and make a
decision either to:
(a) resolve the matter without the need for a hearing. That may include the
application of those sanctions set out in paragraph 11. The Monitoring Officer
will write to the complainant and the member concerned to inform them of the
decision. The Monitoring Officer will give reasons for the decision. There is no
appeal or review of that decision by the Authority or any other person;
or
(b) to convene a meeting of the Authority‘s Hearings Committee, including the
Independent Person, to hear the matter.
9. The procedure at the hearing will be in accordance with a procedure to be
determined by the Monitoring Officer.
10. If the hearing concludes that there has been no breach of the Code there
will be no further action. There is no appeal or review of that decision by the
Authority or any other person. The Committee will give reasons for its
decision.
11. If the hearing concludes that there has been a breach of the Code the
Hearings Committee will consider whether and what sanctions it might be
appropriate to impose on the member found to be in default. These are as
follows:
a) Censure or reprimand.
b) Report to full Authority.
c) Recommendation to the Authority to remove the member from membership
of committees or sub-committees.
d) Require the member to undergo training in ethics and standards.
e) Removal of the member from external nominations or appointments.
f) Withdrawal of facilities or services from the member including access to the
Authority‘s premises or IT facilities.
The Committee will give reasons for its decision. There is no appeal or review
of that decision by the Authority or any other person.
Victoria McNeill
Solicitor and Monitoring Officer
July 2012