Agenda and draft minutes

Venue: Council Chamber, Wallfields, Hertford

Contact: Katie Mogan  Tel: (07762) 892098 Email:  katie.mogan@eastherts.gov.uk

Media

Items
No. Item

79.

Appointment of Vice-Chairman

To appoint the Vice-Chairman of the Committee for the 2023/24 Civic Year.

Minutes:

It was moved by Councillor Smith and seconded by Councillor Clements, that Councillor Townsend be appointed Vice-Chairman of the Standards Committee for 2023/24. After being put to the meeting and a vote taken, the motion was declared CARRIED.

 

RESOLVED – that Councillor Townsend be appointed as Vice-Chairman of the Standards Committee for 2023/24.

 

80.

Co-option of Town/Parish Councillors

To formally co-opt Town/Parish Councillors Ian Hunt, Patricia Furness and Jeffrey Kenyon onto the Standards Committee.

Minutes:

It was moved by Councillor Stowe and seconded by Councillor Parsad-Wyatt, that Parish Councillors Furness, Hunt and Kenyon be formally co-opted to the Standards Committee. After being put to the meeting and a vote taken, the motion was declared CARRIED.

 

RESOLVED – that Parish Councillors Furness, Hunt and Kenyon be formally co-opted to the Standards Committee.

 

81.

Apologies

To receive apologies for absence.

Minutes:

An apology for absence was received from Councillor Carter.

 

82.

Chairman's Announcements

Minutes:

The Chairman welcomed everybody to the first meeting of the Committee and asked that all participants use their microphones when speaking as the meeting was being webcast.

 

83.

Minutes - 5 January 2023 pdf icon PDF 76 KB

To confirm the Minutes of the meeting held on 5 January 2023.

Minutes:

Councillor Burt proposed and Councillor Stowe seconded, a motion that the Minutes of the meeting held on 5 January 2023 be confirmed as a correct record and signed by the Chairman, subject to the following amendments:

 

·            Councillor Hunt’s name be added to the list of attendees.

 

·            Minute 286 – delete in the 1st paragraph – ‘bene’ and replace with ‘been’

 

·            Minute 286 – delete in the 9th paragraph – ‘complainant’ and replace with ‘complaint’

 

·             Minute 285 – delete in the 10th paragraph – ‘they’ and replace with ‘members of the public’

 

·            Minute 285 – add in the 10th paragraph, at line 7 – ‘not’ after the word something.

 

After being put to the meeting and a vote taken, the motion was declared CARRIED.

 

RESOLVED – that the Minutes of the meeting held on 5 January 2023, be confirmed as a correct record and signed by the Chairman, subject to the following amendments:

 

·            Councillor Hunt’s name be added to the list of attendees.

 

·            Minute 286 – delete in the 1st paragraph – ‘bene’ and replace with ‘been’

 

·            Minute 286 – delete in the 9th paragraph – ‘complainant’ and replace with ‘complaint’

 

·             Minute 285 – delete in the 10th paragraph – ‘they’ and replace with ‘members of the public’

 

·            Minute 285 – add in the 10th paragraph, at line 7 – ‘not’ after the word something.

 

84.

Declarations of Interest

To receive any declarations of interest.

Minutes:

There were no declarations of interest.

 

85.

Standards Update pdf icon PDF 237 KB

Minutes:

The Head of Legal and Democratic Services introduced the report. He said that the Committee would receive an update report at each meeting to inform them of any complaints received regarding the conduct of District, Town and Parish Councillors.

 

The Head of Legal and Democratic Services referred to the table shown at paragraph 2.4 of the report, which listed the six such complaints received since the last meeting of the Committee on 5 January 2023. He said that identifying detail had been removed to maintain confidentiality.

 

The Head of Legal and Democratic Services said that each complaint received required him to consult with the Committee’s Independent Person and mutually agree upon a conclusion. 

 

The Chairman thanked the Head of Legal and Democratic Services for his report.

 

Councillor Stowe asked if the Monitoring Officer received confirmation that an apology letter had been sent, should a breach of the code be found, and this deemed to be the appropriate action to take.

 

The Head of Legal and Democratic Services said that when a complaint was made, both the complainant and the Member concerned were asked if they are happy to consult with each other directly. He said that he can act as a ‘go between’ if this was not appropriate, and that confirmation was sought to ensure that letters of apology were sent.

 

Councillor Clements asked if the number of complaints contained within the report was an average number to have been received, and how much time was spent dealing with a complaint.

 

The Head of Legal and Democratic Services said that even a trivial compliant took up a lot of time. He said that each required him to speak to the complainant to get a true understanding of the complaint, and how this related to the code of conduct. He said that he would also visit the Council in question to seek their view and speak to any witnesses. He said that any information given to him by the Councillor would also need to be investigated before consultation with the Independent Person. He said that the conclusion for each complaint was then relayed back to both parties. 

 

The Head of Legal and Democratic Services said that to have received six complaints in the period since the last meeting of the Committee was a little below average, with seven to eight more of a normal number. He said that it was important to understand that every complaint, even where no breach was found, could not be dismissed and required groundwork.

 

The Independent Person said that he endorsed what the Head of Legal and Democratic Services had said, adding that members of the public were entitled to complain, but tests were also required to ascertain if the Member was acting in the capacity of a Councillor at the time of the alleged breach.

 

The Independent Person said that it wasn’t unknown for members of the public to make complaints if they were unhappy with a decision made by a Councillor. He said that  ...  view the full minutes text for item 85.

86.

Urgent Business

To consider such other business as, in the opinion of the Chairman of the meeting, is of sufficient urgency to warrant consideration and is not likely to involve the disclosure of exempt information.

 

Minutes:

There were no urgent items.