Agenda and minutes

The Vice-Chair reminded Members of the need to declare any known interests in any matters to be considered at the meeting.  No declarations were made.

To approve the minutes of the meeting held on 10^th October 2011.

Resolved – That the minutes of the meeting held on 10^th October 2011, be confirmed and signed as a correct record.

            Resolved - That, in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded during the discussion of the matters referred in Agenda Item 8 on the grounds that it would involve the likely disclosure of exempt information as defined in Paragraphs 1 and 2 of Schedule 12A to the Act, and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information concerned (Minute 20 refers.)

            The Committee received a report of the Director of Law and Democratic Services (Monitoring Officer) setting out the implications of the Localism Act 2011 enacted on 15^th November 2011, for the regulation of standards of conduct for Borough and Parish Councillors.  The Monitoring Officer advised that the Regulations to the Act were awaited and these would provide further detail of the requirements. 

            It was recognised that the changes in relation to pre-determination had come into effect on 15^th January 2012, and the Monitoring Officer had issued guidance to all Councillors.  The Committee endorsed the proposal to amend the Members Planning Code of Good Practice with immediate effect to reflect these changes, but also to send the Code to the Planning Committee to consider any further amendments it might wish to recommend.

            The Department of Communities and Local Government had indicated that the requirement for Councils to approve a New Code of Conduct and have new arrangements in place to consider complaints under that Code was likely to come into force on 1 July 2012 and this date would be confirmed by the Regulations. 

            The report set out a number of proposals for the Code of Conduct and the way in which the Complaints would be processed, which were to be discussed with Political Groups and the Corporate Governance Review Working Group.  The Committee offered their own recommendations on the following areas to form part of these discussions:

·        The Committee supported having a politically balanced stand-alone Standards Committee to oversee the ethical framework, with one or more Parish Representatives co-opted to it, to maintain a transparent process for the public. 

·        It be recommended to Council that the Monitoring Officer be authorised to begin the process for appointment of one or more Independent Persons directly, and consult the Group Leaders on the process for appointment and remuneration.

·        It be noted that the Local Government Association was working on a draft model Code but that the Committee’s preference was for the current Code of Conduct to form the basis for the new Code of Conduct wherever possible, but be updated to :

o   Include the new definition of Disclosable Pecuniary Interests when defined by the Regulations.

o   Exclude the need to declare interests where such a declaration is unnecessary, such as where the interest solely relates to being a Council-appointed representative, and is not prejudicial.

o   To reflect and re-enforce the conduct of Councillors required in relation to the use of social media, which was included in the last update to the Media Guidelines for Councillors.

·        It be recommended that Council introduces in its Standing Orders a requirement for Councillors who have a Disclosable Pecuniary Interest to not only abstain from voting, but also to leave the meeting during the discussion of such a matter.

·        The Monitoring Officer develop a streamlined version of the procedure for dealing with Member Officer Protocol Complaints which can then be used as the basis for processing Code of Conduct complaints, taking account the requirements of  ...  view the full minutes text for item 18.

            The Committee received a report from the Director of Law and Democratic Services (Monitoring Officer) providing an update on matters relating to the Ethical Framework, including a recommendation that the Committee commissions a review of the Council’s Codes and Protocols to ensure that they are appropriate and up to date, and an update on Parish Council training.

            The Committee noted that in addition to any changes highlighted in the consultation with stakeholders, the Codes and Protocols would also need to be revised to take account of any changes resulting from the Regulations still to be issued under the Localism Act 2011, and the new Stronger Together Council structure.

            There were a number of questions raised on the accuracy of the training update from Parish Councils, as several were yet to respond, and the Monitoring Officer agreed to bring a further update to the next meeting.

            Resolved – 1) That the Ethical Framework update be noted.

            2) That the Director of Law and Democratic Services (Monitoring Officer) be requested to commence the review of the Codes and Protocols listed below, and report back to the next suitable meeting of the Committee following consultation with relevant stakeholders:

·         Monitoring Officer Protocol,

·         Councillor Role Definitions,

·         Media Guidelines for Councillors,

·         Protocol for Member/ Officer Relations,

·         Members Planning Code of Good Practice, and

·         Local Code of Corporate Governance.

            3) That the Director of Law and Democratic Services (Monitoring Officer) be requested to liaise with the Head of Human Resources to review the Officer Code of Conduct and report back to the Standards Committee in due course.

            4) That the Director of Law and Democratic Services (Monitoring Officer) bring back an update on Parish Council training to the next meeting of the Standards Committee.

            The Committee considered an exempt report from the Director of Law and Democratic Services (Monitoring Officer) regarding the outcome of various ethical framework compliance matters, including the receipt and progress of Whistleblowing Complaints since the last meeting, update on breaches of the Protocol of Member / Officer Relations and Members Code of Conduct complaints.

            Resolved  - That the Ethical Framework Compliance report be noted.