Ethics and
Engagement Committee Terms of
Reference
1. Ethics and
Engagement Committee
The Council will appoint an Ethics and
Engagement Committee.
2. Composition
- The Ethics and Engagement Committee will
comprise nine councillors appointed annually from among their
number.
- The Leader of the Council shall be excluded from taking
part in matters directly relating to complaints made against
members of the Council, but shall be allowed to be appointed and to
act as a member of the Committee in all other matters.
- The Ethics and Engagement Committee will be
appointed in accordance with political proportionality
rules.
- The Ethics and Engagement Committee and/or
Monitoring Officer must consult the Independent Person on matters
relating to the Members’ Code of Conduct and
dispensations.
- The Ethics and Engagement Committee can
invite the Independent Person to attend Ethics and
Engagement Committee meetings and meetings of the Assessment
and Hearing Sub-Committees. The Committee may also invite the
Independent Person to speak at the Committee’s meetings but
he or she will not be entitled to vote on any matters.
- The Committee shall meet at least quarterly unless
otherwise agreed.
- The quorum for the Committee shall be three
councillors.
3. Role and Function
The Ethics and Engagement Committee will have
the following roles and functions:
(a)
promoting and maintaining high standards of conduct by
elected and co-opted members.
(b)
assisting Councillors in observing the Members’ Code of
Conduct.
(c)
advising the Council on the adoption or revision of the
Members’ Code of Conduct.
(d)
Monitoring the operation of the Members’ Code of
Conduct.
(e)
Advising, training or arranging to train Councillors on
matters relating to the Members’ Code of Conduct.
(f)
Assess and hear any cases of an alleged breach of the
Members’ Code of Conduct.
(g)
Granting dispensations to members on the following
grounds:
(1)
that so many members of the decision making body have
Disclosable Pecuniary Interests in a matter that it would
“impede the transaction of the business”. In practice
this means that the decision making body would be
inquorate as a result.
(2)
That without the dispensation, the representation of
different political groups on the body transacting the business
would be so upset as to alter the outcome of any vote on the
matter.
(3)
That the authority considers that the dispensation is in the
interests of persons living in the authority’s
area
(4)
That, without a dispensation, no member of the Executive
would be able to participate on the matter, or
(5)
That the authority considers that it is otherwise appropriate
to grant a dispensation.
(h)
To decide upon and authorise allowances for Independent
Person(s).
(i)
To consider matters relating to the governance of the Council
and ethical conduct by councillors, and propose relevant guidance
if appropriate.
(j)
To monitor councillor development and offer guidance intended
to improve its efficacy, value, or delivery.
(k)
To develop innovative and effective proposals to improve
democratic engagement.
4. Code of Conduct
Hearings
The following panels will be appointed as and when
required:
Assessment
Sub-Committee which will:
(a)
assess any alleged breach of the member code of conduct which
has been referred to them by the Monitoring Officer, in
consultation with the Independent Person.
Hearing
Sub-Committee which will:
(a)
hear any cases against an alleged breach of the member code
of conduct.
(b)
be authorised to impose one or more of the following
sanctions, if thought appropriate:
1.
reporting its findings to Council.
2.
recommending to the member’s Group Leader (or in the
case if un-grouped members, recommend to Council or to Committees)
that he/she be removed from any or all Committees or Sub-Committees
of the Council.
3.
recommending to the Leader of the Council that the member be
removed from Executive or removed from particular portfolio
responsibilities.
4.
instructing the Monitoring Officer to arrange training for
the member.
5.
removing the member from all outside bodies to which they
have been appointed.
6.
withdrawing facilities provided to the member by the Council,
such as computer, website and/or email or internet
access.
7.
excluding the member from Council offices or other premises,
with the exception of meeting rooms as necessary for attending
Council, Committees or Sub-Committees.
The Assessment Sub-Committee and
Hearing Sub-Committee will each comprise three members appointed
proportionally.