Agenda and minutes

Standards Sub-Committee - Tuesday 29th November, 2016 10.00 am

Venue: Room 1.13, Wallfields, Pegs Lane, Hertford

Contact: Martin Ibrahim  Tel: (01279) 502173 Email:  martin.ibrahim@eastherts.gov.uk

Items
No. Item

1.

Appointment of Chairman

To appoint a Chairman for this meeting.

Minutes:

It was agreed that Councillor C Woodward be appointed Chairman for this meeting.

 

RESOLVED – that Councillor C Woodward be appointed Chairman for this meeting.

2.

Apologies

To receive any apologies for absence.

Minutes:

An apology for absence was submitted on behalf of Councillor B Deering.

3.

Minutes pdf icon PDF 69 KB

To approve the Minutes of the meeting held on 25 April 2016

Minutes:

RESOLVED – that the Minutes of the Standards Sub-Committee meeting held on 25 April 2016, be approved as a correct record and signed by the Chairman.

4.

Exclusion of the Press and Public

To move that under Section 100 (A) (4) of the Local Government Act 1972 the press and public be excluded from the meeting during the discussion of item 8 on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 1 of Part I of Schedule 12A of the said Act:

 

It is for the Sub-Committee to determine whether or not this item should be considered in public and the report made available for public information.  Until a decision is taken, please regard the report as confidential. 

Minutes:

The Sub-Committee considered whether or not to pass a resolution to exclude the press and public from the meeting during the discussion of the item at Minute 5 below on the grounds that it involved the likely disclosure of exempt information as defined in provisions of the Local Government Act 1972.

 

The Sub-Committee also considered whether or not to make the associated report publically available.

 

The Sub-Committee determined to exclude the press and public from the meeting during the discussion of the matters at Minute 5 below and not to make the associated report publically available.

 

RESOLVED – that (A) under Section 100(A)(4) of the Local Government Act 1972 the press and public be excluded from the meeting during discussion of the business recorded at Minute 5 below on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the said Act, and

 

(B)      the report associated with the business recorded in Minute 5 below, be not made public by virtue of paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972.

5.

Investigation under the Localism Act

Additional documents:

Minutes:

The Sub-Committee considered a report on a complaint to the Council’s Monitoring Officer regarding an alleged breach of the Code of Conduct by a Ware Town Councillor.

 

The Sub-Committee noted the details of the complaint and the employment of an independent investigator to review the allegations made.  The Sub-Committee also considered a letter of the investigating officer as detailed at Essential Reference Paper ‘B’ of the Monitoring Officer’s report.

 

The investigator had suggested that constructive action needed to be taken and to this end, he had recommended an action plan that sought to improve the functioning of the Town Council over any potential unfairness to Officers or Town Councillors.  The action plan was detailed at Essential Reference Paper ‘C’ of the report submitted as follows:

 

·                        The appointment of an independent person / consultancy to review the Town Council’s processes and procedures and review the relationship between the Town Council, the Priory Trust and Ware Priory Trading Limited;

·                        the training / mentoring of Officers and Councillors to identify and rectify any weakness in their understanding of the Town Council’s procedures and the Code of Conduct; and

·                        training and guidance on conflict resolution with a view to improving working relations between elected Members and Town Council officers through more effective communication and improved conduct.  Parties need to work together on a Member / Officer protocol that establishes and ingrains agreed parameters.

 

The Sub-Committee considered the investigator’s recommendations.  This consideration also included a telephone conference call involving the absent Councillor B Deering.  The Sub-Committee also considered the advice of the Monitoring Officer and the Independent Person.

 

The Sub-Committee concluded that on the basis of the investigation officer’s letter, it would be minded to determine that a breach of the Code of Conduct had occurred.  However, given the suggestion by the investigating officer, the Sub-Committee supported the complaint being dealt with informally by the Council’s Monitoring Officer.  The Sub-Committee also agreed the suggested action plan subject to a three month deadline and a report back that satisfactory progress was being made.

 

The Sub-Committee approved the recommendations now detailed.

 

RESOLVED – that (A) the complaint be dealt with informally by the Council’s Monitoring Officer;

 

(B)      all Town Council Members and Officers be involved in the process; and

 

(C)      the Town Council fund and implement an Action Plan as identified within Essential Reference Paper ‘C’ of the report submitted, to address the concerns identified within the report and that any necessary training, conciliation and mentoring be available to all Town Council Members and Officers, subject to implementation within three months and a report back that satisfactory progress was being made.