Issue - meetings

Minute 782 refers – a report of the Monitoring Officer is also attached.

Council considered the recommendations of the Standards Committee at its meeting held on 19 April 2012, on the new standards regime arising from provisions within the Localism Act 2011.  The Monitoring Officer also submitted a report outlining alternative recommendations for the Council to consider.

In response to various Members’ questions, the Monitoring Officer clarified the role of the Independent Person, the position on disclosable interests and the need for town and parish councils to adopt a code of conduct.  He advised that regulations on Disclosable Pecuniary Interests had yet to be published.

The Leader proposed, and Councillor M Tindale seconded, that the alternative recommendations, as now detailed, be adopted.  After being put to the meeting, this was declared CARRIED.  Council approved the alternative recommendations as now detailed.

RESOLVED – that (A) a Standards Committee comprising 5 elected Members of the District Council, appointed proportionally, be established;

(B)      the Leader of the Council be requested to nominate to the Standards Committee only one Member who is a Member of the Executive;

(C)      the Local Government Association’s “Template code and guidance note on conduct”, as detailed at Essential Reference Paper ‘C’ of the report now submitted, be adopted;

(D)      when the Disclosable Pecuniary Interests Regulations are published, the Monitoring Officer, after consultation with the Leader of the Council, add to that draft Code, provisions which he considers to be appropriate for the registration and disclosure of interests other than Disclosable Pecuniary Interests;

(E)      in respect of arrangements for dealing with complaints, the proposals set out in Essential Reference Paper ‘E’ of the report now submitted, be adopted;

(F)       the Council join with other Authorities with a pool of Independent Persons;

(G)      the Independent Persons be reimbursed for travel and subsistence expenses;

(H)      the Monitoring Officer be requested to prepare and maintain a new register of Members’ interests to comply with the requirements of the Act and of the Council’s Code of Conduct, once adopted, and ensure that it is available for inspection as required by the Act;

(I)        the Monitoring Officer be requested to ensure that all Members are informed of their duty to register interests;

(J)       the Monitoring Officer be requested to prepare and maintain new registers of Member’ interests for each Parish Council and any Code of Conduct adopted by each Parish Council and ensure that it is available for inspection as required by the Act;

(K)      the Monitoring Officer be requested to arrange to inform and train Parish Clerks plus one or two Members from each Parish/Town Council on the new registration arrangements;

(L)       the Monitoring Officer be instructed to recommend to Council a Standing Order which equated to the current Code of Conduct requirement that a Member must withdraw from the meeting room, including from the public gallery, during the while of consideration of any item of business in which he/she has a Disclosable Pecuniary Interest, except where he is permitted to remain as a result of the grant of a dispensation;

(M)      the Monitoring Officer  ...  view the full minutes text for item 21

Further to the Committee’s consideration of this matter at the previous meeting (Minute 710 refers), the Monitoring Officer submitted a report proposing a new standards regime on the basis of the comments made.

In respect of the proposed code of conduct, the Committee noted that, once approved, the Monitoring Officer would produce separate codes for the District Council and Town/Parish Councils.  The Committee supported the draft code as detailed at Essential Reference Paper ‘B’ of the report submitted, subject to the inclusion of a reference to gifts and hospitality.

In terms of the complaints procedure, as detailed at Essential Reference Paper ‘C’ of the report submitted, the Committee agreed this in outline, subject to a number of further amendments.  The Monitoring Officer undertook to circulate an updated version to Members.

The Committee also considered the terms of reference for the proposed Standards Committee and Standards Sub-Committee, as detailed at Essential Reference Paper ‘D’ of the report submitted.  The Committee supported these, subject to a number of amendments.  The Monitoring Officer undertook to circulate updated versions to Members.

The Committee agreed that the Monitoring Officer be authorised to refer the code of conduct, the complaints process and the terms of reference for the Standards Committee and Standards Sub-Committee to the Council meeting on 16 May 2012, on the basis of the comments now detailed.  The Committee also agreed to delegate authority for making typographical and non-material amendments to the Monitoring Officer in consultation with the Committee Chairman.

RECOMMENDED – that (A) the code of conduct, the complaints process and the terms of reference for the Standards Committee and Standards Sub-Committee, as now amended, be approved; and

(B)      authority for making typographical and non-material amendments be delegated to the Monitoring Officer in consultation with the Committee Chairman.

Proposals by the Chairman of the Standards Committee for the New Standards Regime

The Monitoring Officer submitted a report on the changes to the councillors’ standards regime under the provisions of the Localism Act 2011.

Members noted the changes to the system of regulation of standards of conduct for elected and co-opted councillors, particularly in relation to:

(a)       the abolition of the requirement for a principal local authority to establish a Standards Committee;

(b)       the repeal of the Model Code of Conduct and the introduction of a requirement for a local authority to adopt a new code of conduct;

(c)       a new framework whereby a local authority was required to a adopt “arrangements” for dealing with complaints of code breaches by councillors;

(d)       the appointment of at least one “independent” person who must be consulted before a local authority makes a finding as to whether or not a member has failed to comply with a code of conduct’s provisions, and

(e)       the abolition of the concept of personal and prejudicial interests and its replacement, under regulations, of “Disclosable Pecuniary Interests”.

The Monitoring Officer advised that the Chairman of the Committee had prepared a draft Members’ Code of Conduct and framework proposals to administer the new standards regime (both appended to the report now submitted).

The Committee considered the proposed draft code and standards regime in detail, indicating, where necessary, the preferred option where choices existed.  For example, the Committee supported the establishment of a “standards” advisory committee whose composition would include independent members with voting rights.

The Committee agreed to request the Monitoring Officer, in consultation with the Committee Chairman, to update the code and standards regime documents now submitted to reflect Members’ directions on the issues debated.  The updated documents should then be considered at a further meeting of the Committee in April 2012.  The Committee, at its April meeting, would then determine its recommendations on this matter for consideration by Council at its meeting on 16 May 2012.

          RESOLVED – that (A) the Monitoring Officer, in consultation with the Committee Chairman, be requested to update the code and standards regime documents now submitted, to reflect Members’ directions on the issues debated, and

(B)   the updated documents referred to in (A) above be considered at a further meeting of the Committee in April 2012 to enable it to determine its recommendations on this matter for consideration by Council at its meeting on 16 May 2012.