The Chief Executive and Deputy Chief Executive act as the Monitoring Officer and Deputy Monitoring Officer for South Wales Police Authority.
The Full Monitoring Officer Protocol
The Monitoring Officer undertakes to discharge the responsibilities outlined in this paper with determination and in a manner which will enhance the reputation of the Authority. In general terms the ability to discharge these duties depends on excellent working relations with colleagues and Members but also the flow of information and access to debate particularly at early stages.
The role of the Monitoring Officer is to report on likely contraventions of law under the Local Government and Housing Act 1989 and to provide and maintain high standards of conduct through the Local Government Act 2000.
The following arrangements and understandings between the Monitoring Officer and colleagues and Members are designed to help ensure the effective discharge of functions:
1. Advance notice of meetings whether formal or informal between Chief Officers and Members will be given to the Monitoring Officer where any procedural, vires or other constitutional issues are likely to arise.
2. Chief Officers will alert the Monitoring Officer to all emerging issues of concern including legality, probity, vires and constitutional issues.
3. The Monitoring Officer will have copies of all reports when sent to Members.
4. The Monitoring Officer is expected to develop good liaison and working relations with the Local Government Ombudsman for Wales, Standards Board for England and the External Auditor including the giving and receiving of relevant information whether confidential or otherwise.
5. The Monitoring Officer will have a special relationship with the Chair of the Authority and the Chair of the Standards Committee.
6. The Monitoring Officer will be expected to make enquiries into allegations of misconduct in the absence of a written complaint being received by the Local Government Ombudsman for Wales or the Standards Board for England and if appropriate will make a written report to the Standards Committee, unless the Monitoring Officer and Chair of Standards Committee agree a report is not warranted.
7. In carrying out any investigation (whether under Regulations or otherwise) the Monitoring Officer will have unqualified access to any information held by the Authority and any employee (for the purpose of this protocol such term to also include any police officer or member of police staff under the control and direction of the Chief Constable) who can assist in the discharge of his/her functions.
8. The Monitoring Officer will have control of a budget sufficient to enable him/her to seek Counsel’s opinion on any matter concerning his/her functions.
9. The Monitoring Officer will be responsible for preparing a training programme for Members on the ethical framework and will undertake to identify the training needs of Members on an annual basis.
10. In consultation with the Chair of the Authority and the Local Government Ombudsman for Wales the Monitoring Officer may defer the making of a formal report under Section 5 of the Local Government and Housing Act 1989 where another investigative body is involved.
11. The Monitoring Officer will make a report to the Authority from time to time as necessary on the staff, accommodation and resources (s)he requires to discharge his/her functions.
12. The Monitoring Officer will appoint a deputy whom (s)he will keep briefed on emerging issues.