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London Borough of Hounslow The Civic Centre Lampton Road Hounslow TW3 4DN Committee Services If you require further information about this agenda please contact: Frankie Belloli on 020 8583 2064 or at [email protected]. STANDARDS COMMITTEE A meeting of the Standards Committee will be held in the Civic Centre, Lampton Road, Hounslow on Tuesday, 14 October 2003 at 6.30pm MEMBERSHIP Cherna Crome - Chair Councillors Cheema, Clarke and Miss Reid. AGENDA 1. Apologies for absence, declarations of interest or any other communications from Members 2. Reference from the Standards Board for England (Pages 1 - 27) DECLARING INTERESTS Committee members are reminded that if they have a personal interest in any matter being discussed at the meeting they must declare the interest and if the interest is also a prejudicial interest then they may not take part in any discussion or vote on the matter. M.J. SMITH DISTRIBUTION: Council Members Chief Officers Public Press Assistant Chief Executive (Legal) 6 October 2003 Agenda Item 2 STANDARDS COMMITTEE – 14TH OCTOBER 2003 The Local Authorities (Code of Conduct) (Local Determination) Regulations 2003 Reference from the Standards Board for England Report by: the Assistant Chief Executive (Legal) Summary Following the completion of an investigation into a complaint made to the Standards Board for England, the Report of the Ethical Standards Officer has been finalised and referred to the Council’s Standards Committee for consideration. In accordance with the procedures adopted by the Committee at its last meeting, consideration must now be given to the findings and conclusion of the Ethical Standards Officer. The Committee will then need to decide what further action, if any, needs to be taken, either by way of action against the Member or by way of broader advice to the Authority about such matters. The Report sets out in brief terms the legal and other background, a brief summary of the issues including the complaint, and appends the process for consideration of the Ethical Standards Officer’s Report. A copy of the Report is also attached. Recommendations 1. a) That the Standards Committee considers the Report of the Ethical Standards Officer into the complaints made against Councillor John Connelly. b) That the Committee hears any representations and evidence given in support of Councillor Connelly’s response, in accordance with the procedure appended to the Report. c) That the Committee determine what action, if any, it is necessary to take in the light of their consideration and hearing of any representations. d) That the Committee determine any further recommendations to the Council as it considers necessary. 1 Standards Committee 14th Oct. 1. Legal Background 1.1 The Local Government Act 2000 introduced new requirements with regard to the maintenance of ethical standards by elected members of Local Authorities. In particular the Act (and Regulations under the Act) required Local Authorities to adopt a new Member Code of Conduct with regard to standards of behaviour; and set out a new framework to deal with alleged breaches of such Code of Conduct by means of investigation and reporting under the supervision of the Standards Board for England. 1.2 The Council adopted a new Member Code of Conduct in accordance with a recommended model, at its meeting on the 26th of March 2002. 1.3 As reported at the last meeting of the Committee, complaints of alleged breaches of the Code must, in the first instance, be considered by the Standards Board for England which will decide whether or not an investigation is warranted. Investigations are conducted by or under an Ethical Standards Officer appointed by the Standards Board. Following the introduction of the Local Determination Regulations in June 2003, it is now open to an Ethical Standards Officer to decide that following completion of his or her investigation, the nature of the complaint and the degree of seriousness are such that any report may be considered at local level and the determination of any action decided by Local Standards Committees. 1.4 The Standards Board has issued guidance to Local Authorities with regard to the local determination of such matters. A copy has previously been provided to Members and further copies will be available at the meeting. The guidance contains model procedures with regard to pre-hearing processes and for the conduct of a Standards Committee Hearing into the allegations and the report of the Ethical Standards Officer. A copy of the model hearing procedure was adopted at the last meeting of the Standards Committee and a copy is appended to this report as Appendix 1. 2. The Process prior to the Hearing 2.1 A complaint against Councillor Connelly was lodged with the Standards Board in May 2002 and the allegations concern an incident or incidents at the Local Elections Count on the 2nd of May 2002. 2.2 The Standards Board then referred the complaints to an Ethical Standards Officer for investigation. The investigation appears to have been somewhat protracted but included personal or telephone interviews with various elected Members and others between September 2002 and June 2003. 2.3 Councillor Connelly was apparently made aware of the general nature of the complaints in June 2002. He was interviewed by the Investigating Officer on the 15th of January 2003. Councillor Connelly was also given an opportunity to comment on the Investigating Officer’s draft report and did so by letter of the 11th of June 2003. 2 Standards Committee 14th Oct. 2.4 The Ethical Standards Officer’s report (Appendix 2) was concluded and formally referred to the Council on the 29th of July 2003 for determination in accordance with the Local Determination Regulations. 2.5 Consistent with the Standards Board Guidance for a pre-hearing process, a copy of the report was passed to Councillor Connelly in order that he could indicate whether or not he disagreed with any of the findings of fact in the Ethical Standards Officer’s report. Subsequently Councillor Connelly has indicated:- i) that he did wish to be present and make representations at the hearing by the Standards Committee; ii) that he would make representations on his own behalf at the hearing; iii) that he wished to call a substantial number of witnesses; iv) that he concurred with the Ethical Standards Officer’s view that the hearing, the report and any background papers should be in the public domain. v) Councillor Connelly has also indicated those areas of contention within the Findings of Fact in the Ethical Standards Officers report. 2.6 Copies of Councillor Connelly’s letters of the 25th of August and 29th of September 2003 are background documents. 2.7 Councillor Connelly’s response has been reported to the Standards Board, but to date there is no indication that the Ethical Standards Officer wishes to be represented at the Committee hearing. 3.0 The Model Hearing Procedure 3.1 The Guidance from the Standards Board indicates that Standards Committees should adopt procedures which are fair, open and transparent. The Committee has already adopted the model procedure by the Standards Board at its last meeting. A copy of the procedure is appended to the report. 3.2 Whilst the procedure is reasonably self-explanatory, in any given case it is open to the Committee to adapt the procedure to meet circumstances at the time – again consistent with fairness, openness and transparency. 3.3 Subject to the above, the procedure – in the briefest summary – requires:- • An introduction to the Standards Board Report by the Assistant Chief Executive (Legal) including a summary of the key points. • Any questions for clarification by the Committee. • An opening statement by the Member concerned. • Questions of the Member by the Committee. • To hear any witnesses called by the Member, followed by questions by the Committee. • A statement in conclusion by the Member concerned. 3 Standards Committee 14th Oct. 3.4 At any point, the Committee may decide that it would like to hear evidence from other persons not present at the hearing. 3.5 At the conclusion of the hearing, Members should then retire to consider their decision, to indicate the findings of fact upon which their decision is based, and if possible to indicate that decision on the day of the hearing. A written decision should follow promptly. 3.6 The Standards Board Guidance indicates that:- i) Standards Committees must control their own procedure and may not need to consider any evidence of the allegations other than the ESO’s report. ii) Standards Committees should not need to re-open the investigation. iii) Subject to fairness, the Committee may limit the number of witnesses and the evidence which is presented. iv) Normally it is suggested that hearings should be conducted in public. 4. Summary of the Complaint 4.1 Full details of the allegations and the investigation by the Ethical Standards Officer are contained in Appendix 2 to the report. These include the Final Report, Findings of Fact and Summaries of the Evidence. 4.2 As Members will see, the original complaint was lodged in May 2002 and there are 5 allegations concerning Councillor Connelly’s behaviour on the night of the 2nd of May 2002 (the evening of the Election Count). Most importantly, Members of the Committee must understand that the Final Report of the Investigating Officer, and indeed the supporting statements, necessarily deal with the entirety of the original allegations. However the Ethical Standards Officer has concluded that no action is necessary in respect of the first 4 allegations and these have not, therefore, been referred to the Standards Committee for determination. The Standards Committee has no powers in respect of these first 4 allegations.