Ethical standards clinic

The subject member confirms that the Leader of the Council will be representing him at the hearing. The Chairperson of the Standards Committee objects to this on the basis that he finds the Leader intimidating as she holds a powerful position, and he has previously had a poor relationship with her. What advice should I give to the Leader and the Chairperson?

The Leader could be the subject member’s representative at the hearing, but should be seen to maintain a neutral position. There have been many occasions at APE hearings where a member has been represented by a fellow member, often in a senior position. The Leader will need to consider whether he or she has any personal loyalties to the subject member and be as neutral as possible so as to avoid possible complaints about improper use of position. Also the Leader should ensure that his or her representation techniques do not suggest that he or she is intimidating the Committee members or using his or her position improperly in some way to advantage the subject member.

The Chairperson may have a conflict of interest in relation to the Leader representing the subject member due to their poor relationship. It may also be possible that their relationship amounts to a personal interest, although this is unlikely to be prejudicial. However the Chairperson should ask themselves whether they will be able to maintain an impartial and independent approach without any suggestion of bias in the way in which he or she conducts the hearing and the decision made. It may be advisable to suggest that the Chairperson does not chair this particular meeting on the basis that there may be actual or apparent bias and therefore avoid any possible challenge to the proceedings which could result.

There may be a breach of the code in approaching the Standards Committee Chairperson and asking him to deal with the hearing in private as it could amount to intimidation and be disreputable. The Leader should be warned about such behaviour and asked to question whether it is still appropriate for him to continue to represent by reason of his power and approach to the Chairperson.