4. Delegation of Functions - Constitution - Chapter 1, The Articles

4.1. Standards Sub-Committee

4.1.1.  The Corporate Governance Groupcan establish one or more sub- committees consisting of at least 3 Members drawn from the Council and 3 substitute Members, not including more than 1 member of the Cabinet.

4.1.2.  Further to Minute 16a of the meeting of Full Council held on 11th June 2012, the rules of political balance are not applied to the sub-committee.

4.1.3.  The Corporate Governance Groupwill consider representations from Group Leaders as to the membership of the Sub-Committee

4.1.4.  The Sub-Committee shall be supported by 2 co-opted non-voting parish/town council representatives nominated by the Braintree Association of Local Councils and 1 Independent Person

4.1.5.  The Chair shall be appointed by the Sub-Committee at each meeting and requires at least 3 or more voting members to be quorate.

4.2. Purpose of Standards Sub-Committee

4.2.1. To promote and maintain high standards of conduct

4.3. Functions of the Standards Sub-Committee

4.3.1 To conduct a Hearing into an allegation that a Member or Co-opted Member has breached the Authority’s Code of Conduct.

4.3.2. Following a Hearing, make one of the following findings:

4.3.2.1. That the Member has not failed to comply with the Code of Conduct and no further action needs to be taken in respect of the matters considered at the Hearing;

4.3.2.2. That the Member has failed to comply with the Code of Conduct but that no further action needs to be taken in respect of the matters considered at the Hearing;

4.3.2.3. That the Member has failed to comply with the Code of Conduct and that a sanction and/or an informal resolution should be imposed.

4.3.3. The Sub-Committee can take decisions in respect of a member who is found following a hearing to have failed to comply with the Code of Conduct, such actions to include:

4.3.3.1. Reporting its findings to Council (or to the Parish Council) for information;

4.3.3.2. Recommending to Council that the member be issued with a formal censure or reprimand (or to the Parish Council);

4.3.3.3. Recommending to the Council and the member’s Group Leader (or in the case of ungrouped members, recommend to Council) that they be removed from any or all Committees or Sub-Committees of the Council;

4.3.3.4. Recommending to the Leader of the Council that the member be removed from the Cabinet, or removed from particular Portfolio responsibilities;

4.3.3.5. Instructing the Monitoring Officer to (or recommend that the Parish Council) arrange training for the member;

4.3.3.6. Recommending to Council (or Cabinet in the case of an Executive Appointment) the removal (or recommend to the Parish Council that the member be removed) from all or some outside appointments to which the Member has been appointed or nominated by the authority (or by the Parish Council);

4.3.3.7. Withdrawing (or recommend to the Parish Council that it withdraws) facilities provided to the member by the Council, such as a computer, website and/or email and internet access;

4.3.3.8. Excluding (or recommend that the Parish Council exclude) the member from the Council’s offices or other premises, with the exception of meeting rooms as necessary for attending Council, Committee and Sub-Committee meetings.

4.3.3.9. After making a finding the sub-committee shall, as soon as reasonably practicable provide written notice of its findings and the reasons for its decision to the Member and complainant.

4.3.4. After consultation with the Independent Person to grant a dispensation on the following grounds:

4.3.4.1 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.

4.3.4.2. That the authority considers that the dispensation is in the interests of persons living in the authority’s area;

4.3.4.3. That the authority considers that it is otherwise appropriate to grant a dispensation.

4.4. Monitoring Officer

4.4.1.  The Monitoring Officer, after consultation with the Independent Person, to determine whether a complaint merits formal investigation and to arrange such investigation.

4.4.2.  To report annually to the Corporate Governance Groupon the discharge of this function.

4.4.3.  The Monitoring Officer may grant dispensation on the following grounds and with an appeal to the Standards Sub-Committee

4.4.3.1.  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”; and

4.4.3.2.  That, without a dispensation, no member of the Cabinet would be able to participate in the matter before the Council.