Agenda and minutes

The Chair welcomed everyone to the meeting. 

Apologies for absence were received from Councillor Rye.  

Members are asked to declare any disclosable pecuniary, other pecuniary or non pecuniary interests relating to items on the agenda. 

There were no declarations of interest. 

To receive an update following the review of dispensations, disclosable pecuniary interests and the complaints procedure carried out by the Monitoring Officer in consultation with the Independent Persons. 

Copies of the Committee Terms of Reference, Code of Conduct and Complaints Procedure are attached to the agenda.  

The Committee received a report from John Austin, Assistant Director of Corporate Governance and Monitoring Officer setting out the outcome of recent discussions between the Monitoring Officer, the Assistant Director Legal Services and the Council’s two independent persons in relation to dispensations, disclosable pecuniary interests, other interests, complaints procedure and terms of reference. 

NOTED

1.                  John Austin reported that following a detailed discussion they had felt that it was appropriate that members should make written requests for dispensations in advance of a meeting to enable the Monitoring Officer to consider the request properly.

2.                  Members discussed the possibility of an urgent item coming up for which members would need to request a dispensation at a meeting.  This was thought to be very unlikely to occur. 

3.                  The Monitoring Officer was only able to make a decision on dispensations concerning the quorum and political balance.  Other requests would have to be referred to the Councillor Conduct Committee.  It was proposed that the Monitoring Officer would also have to consult one of the independent persons on these matters. 

4.                  In February the Committee had agreed blanket dispensations for decisions on the Council Tax and the Council Tax Benefit Scheme, members’ allowances, business rates and housing matters and rents.  Since then guidance had been received from Government that it was not necessary to grant dispensations for Council Tax and the Council Tax Benefit Scheme. 

5.                  It was proposed that blanket exemptions be agreed for members’ allowances, business rates, housing matters and rents and that these should be incorporated into the Code of Conduct. 

6.                  Requests for dispensations had occurred very rarely in the past.  It was agreed that these should continue to be the exception rather than the norm. 

7.                  It was proposed that more guidance should be included about what is meant by family members and close associates.  Mother, father and close inlaws should be added to the list in the report. 

8.                  Further guidance would also be included on what is meant by “beneficial interest in land”. 

9.                  No further information was available in relation to other pecuniary interests.  John Austin had contacted the Department for Communities and Local Government for examples but had had no response. 

10.             Examples of non pecuniary interests include school governor or membership of another body. 

11.             Members were given the opportunity to comment on the Complaints Procedure but this had not yet been used in full.  John Austin had received complaints, consulted both the independent persons, notified the members and initiated an investigation in one case.  The process has so far been much quicker than the previous one. 

12.             Changes had been proposed to the terms of reference to provide fuller information on the committee’s remit. 

13.             It was felt that regular training on the code of conduct was essential and that members who miss code sessions ought to be contacted separately. 

14.             New declaration of interest forms were being issued at present.  It was felt that this would be an ideal time for a  ...  view the full minutes text for item 944.

To receive and agree the minutes of the meeting held on 19 March 2013. 

The minutes of the meeting held on 19 March 2013 were agreed as a correct record. 

To note the dates to be agreed by Council on 8 May 2013 for future meetings of the Committee: 

• Tuesday 25 June 2013
• Thursday 5 September 2013
• Thursday 3 December 2013
• Tuesday 25 March 2013

These are subject to change. 

NOTED the dates put forward for future meetings of the Committee:

• Tuesday 25 June 2013
• Thursday 5 September 2013
• Thursday 3 December 2013
• Tuesday 25 March 2013

To pass a resolution under Section 100A(4) of the Local Government Act 1972 excluding the press and public from the meeting for any items of business moved to part 2 of the agenda on the grounds that they involve the likely disclosure of exempt information as defined in those paragraphs of Part 1 of Schedule 12A to the Act (as amended by the Local Government (Access to Information) (Variation) Order 2006).

AGREED to pass a resolution under Section 100A(4) of the Local Government Act 1972 excluding the press and public from the meeting for the following item (Complaint Against Councillor - Update) moved from the Part 1 to Part 2 agenda on the grounds that it would involve the likely disclosure of exempt information as defined in paragraph 1 (information relating to an individual) of Part 1 of Schedule 12A to the Act (as amended by the Local Government (Access to Information Variation Order 2006).

To receive an update from the Monitoring Officer about complaints received. 

John Austin, Assistant Director Corporate Governance updated the Committee on the complaints received.

NOTED

1.                  Members expressed concern about the welfare of councillors under investigation.  Councillors who have been complained against are able to seek advice from the Independent Persons. 

2.                  It was agreed that a letter advising an individual councillor of a complaint will also include, as standard practice, a paragraph advising them of the opportunity to discuss the matter with an Independent Person if they wish. 

(Exempt information as defined in paragraph 1 of Schedule 12A to the Local Government Act 1972 as amended)