7.3.2 Withinitsterms of reference the committee willmonitor andscrutinise the performance of the council’s servicesbyhaving regardto a varietyof information, including performance indicators,financial information,reportsfrom externalinspections,auditreports, andmonitoringof action plans. No
member ofthe council’s Executivemay be amember ofthe Performance,Audit and Governance ScrutinyCommittee.
7.3.3 The terms of reference
of the Performance, Audit and Governance Committee are that it
will:
(i) assist the
Council and the Executive in the development of the annual
budget;
(ii)
act as the council’s Audit
Committee. The nature of this role is
specified in the Procedure Rules in Part 4 of this
Constitution;
(iii)
consider means of improving and
promoting the performance management and audit functions of the
council;
(iv)
promote and maintain the Ethical
Standards Framework;
(v)
make recommendations taking into account
the advice of the Monitoring Officer of periodic amendments and
updating of the Council’s Constitution;
Audit function
(vi)
as an integral part of its role as the
Council’s Audit Committee, undertake the following
areas:
§
integration of the audit role: To ensure that the
principles of effective audit are integrated into the work of the
Performance, Audit and Governance Scrutiny Committee and the
Council generally;
§
risk management: To provide assurance of
the effectiveness of the corporate risk assessment process and
monitor the effective development and operation of risk management
policies in the council, specifically including monitoring of the
Risk Management Strategy and the Corporate Risk
Register;
§
internal audit and governance: To provide an
effective mechanism to monitor the control environment within the
council, ensuring the highest standards of probity and public
accountability by:
-
reviewing and approving of the Annual Audit Plan;
-
challenging and follow-up of internal audit
recommendations;
-
reviewing internal audit performance;
-
reviewing the Annual Governance Statement and Statement of Internal
Control; and
-
reviewing the anti-fraud and corruption controls and arrangements
(including the whistleblowing process)
§
financial statements and annual accounts: To
provide scrutiny of the council’s financial performance by
scrutinising the:
-
finance monitoring reports;
-
Medium Term Financial Planning;
-
financial outturn reports; and
-
Statement of Accounts
§
treasury management: To provide scrutiny
of:
-
the council’s responses to changes in statutory and
regulatory requirements and guidance;
-
the annual Treasury Management and Investment Strategy;
-
ongoing revisions to treasury management strategies and policies;
and
-
the mid-year treasury management review
§
external audit: To maintain and develop a
trusting and professional relationship with the council’s
external auditors and ensure any issues arising from inspection are
dealt with including:
-
annual audit and Inspection plan and any resulting reports;
and
-
consideration
of how the external audit is conducted and any
issues arising.
§
Annual Audit Letter
§
Statement of Auditing Standard (SAS) 610
Communications
§
procurement: To ensure formal reporting
of procurement issues including:
-
contract waivers;
-
update and revision of Contract Procedure Rules; and
-
issues
arising from contracts that may impact on the
council’s finances.
Ethical Standards Framework
(vii) promote and maintain high standards of conduct by
Members and Co-opted Members of the Council;
(viii) advise and assist Town and Parish
Councils and Members to maintain high standards of conduct and to
make recommendation to Town and Parish Councils on improving
standards or actions following a finding of a failure by a Town or
Parish Member to comply with the Code of Conduct;
(ix) manage complaints on behalf of Town and Parish
Councils;
(x) advise the Council on the adoption or revision of
the Members’ Code of Conduct;
(xi) receive referrals from the Monitoring Officer into
allegations of misconduct in accordance with the council’s
assessment criteria;
(xii) receive reports from the Monitoring Officer and
assess the operation and effectiveness of the Members’ Code
of Conduct;
(xiii) train
Members and Co-opted Members to observe the Members’ Code of
Conduct;
(xiv) assist
Members and co-opted Members to observe the Members’ Code of
Conduct;
(xv) hear
and determine complaints about Members and Co-Opted Members
referred to it by the Monitoring Officer;
(xvi) advise the
Council upon the contents of and requirements for
codes/protocols/other procedures relating to standards or conduct
throughout the council;
(xvii)
maintain an oversight of the
council’s arrangements for dealing with
complaints;
(xviii)
inform the Council and the Chief
Executive of relevant issues arising from the determination of Code
of Conduct complaints;
(xix) appoint the
Standards Sub-Committee drawn from three members of the PAG
Committee which will exercise, on a delegated basis, the functions
as set out in the sub-committee terms of reference. The committee should reflect Member representation
where practicable;
(xx) exercise the power to consider and grant
dispensations to Members where:
§
the number of Members precluded from transacting the business is so
great that it would impede the business of the Council, committee
or Executive; or
§
the political balance is affected to the extent that it could affect
the outcome of a vote relating to the business.
Standards Sub-Committee Terms of Reference
(i) To consider
investigation reports in respect of Code of Conduct complaints
that are referred to it by the
Monitoring Officer.
(ii)
To conduct a hearing into an allegation that a Member or co-opted
Member of the Council or Town/Parish Council has breached the
relevant code of conduct. At such
hearing, the Member against whom a complaint has been made may
respond to the investigation report.
Following the hearing the sub-committee can make one of the
following findings:
§
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;
§
that the Member has failed to comply
with the Code of Conduct but no further action needs to be taken in
respect of the matters considered at the hearing; or
§
that the Member has failed to comply with the Code of
Conduct and a sanction and/or an informal resolution should be
imposed.
(iii) The
sub-committee may impose any action or combination of actions
available to it, or impose any informal resolution or combination
of informal resolutions as are available to it either by law or
policy.
(iv) After
making a finding the sub-committee shall, as soon as
reasonably practicable, provide written notice of its findings and
the reason for its decision to the Member and the
complainant.
(v) To
apply the council’s Standards Complaints Procedure and
Complaints Standards Sub-Committee Procedure to hearings before the
sub-committee.