Agenda item

To receive a report from the Director of Finance, Resources & Customer Services setting out proposed changes to the Standards regime arising from the Localism Act 2011.            (Report No.205A)

Members are asked to note that the proposals detailed within the report have been subject to consideration and approval by the Standards Committee (5 March 2012) & Members & Democratic Services Group (6 March 2012).

RECEIVED the report of the Director of Finance, Resources & Customer Services (No.205A) setting out proposed changes to the Standards regime arising from the Localism Act 2011.

NOTED

1.      The proposals had been considered and approved for recommendation onto Council by the Standards Committee (5 March 2012) and Members & Democratic Services Group (6 March 2012).

2.      The amendment to section 3.2 (a) of the report by the replacement of the wording “As stated above, this will require the unanimous approval of Council” in the 2^nd paragraph (page 68 of agenda pack) with “As stated above, this will require no member at a Council meeting voting against.”

AGREED

(1)    To the setting up of a Councillor Conduct Committee (to replace the current Standards Committee) to deal with policy, complaints against councillors and issues concerning the members’ Code of Conduct. This committee would:

(a)    comprise 4 councillors – both group whips and one more councillor from each side. Council will therefore be asked at the Annual Council meeting to agree to this being exempt from the proportionality rules;

(b)    have its membership appointed at the Annual Council meeting, with the chairman and vice-chairman coming from each of the political groups;

(c)    The Independent Person(s) and the Monitoring Officer (MO) will be asked to attend the meetings to offer advice and support;

(d)    Calendar meetings on a quarterly basis but only to meet if there was business to be transacted

(2)    To retain the following 3 principles currently underpinning the current Code of Conduct within the Council’s new Code:

·              Respect for others;

·              Duty to uphold the law;

·              Stewardship

(3)    To instruct the MO to draft the Council’s new Code of Conduct to provide for the registration and disclosure for those interests which would (in the current code) amount to personal and/or prejudicial interests, but only require withdrawal as required by the new Act for Disclosable Pecuniary Interests (as detailed in section 4.4 of the report).

(4)    To instruct the MO to propose a much more streamlined process for dealing with complaints for consideration at the Council meeting in July; with the MO being given delegated powers under the new arrangements to deal with such matters particularly with regard to:

(a)    the filtering out of complaints and deciding whether they require investigation (or other form of alternative resolution) – with accountability to the proposed Councillor Conduct Committee for decisions taken (as detailed in section 5.3 – 5.4 of the report);

(b)    considering requests from complainants for re-consideration where an initial finding has been no evidence of failure to comply with the Code of Conduct with no further action to be taken. This could be where new evidence is produced. The MO will have the power to refer matters to the Councillor Conduct Committee if considered appropriate (as detailed in section 5.5 of the report).

(c)    the local resolution of complaints without the need for a hearing. Local resolution should only be agreed after consultation with the Independent Person, where the complainant is satisfied with the outcome, and where a summary report will be made to the Councillor Conduct  Committee for information (as detailed in sections 5.6 – 5.7 of the report).

(5)    The range of possible sanctions available to the new Councillor Conduct Committee (as detailed in section 5.8 of the report).

(6)    To note that there will be an appeals process contained within the Council’s new process – the detail to be decided once statutory regulations are available (as detailed in sections 5.9 – 5.10 of the report).

(7)    The role of the ‘Independent Person’ (IP) and at the appropriate time proceed to recruit 2 IPs, who should be invited to attend the Councillor Conduct Committee as appropriate (as detailed in sections 6.1 – 6.6 of the report).

(8)    Members continue to refresh their register of interests at least annually even though this will no longer be a statutory requirement (as detailed in section 7.4 of the report).

(9)    To include in the new Code a requirement for members to declare ‘Disclosable Pecuniary Interests’ at meetings even though they may have included them on the register or have notifications pending (as detailed in sections 8.1 - 8.2 of the report).

(10)  The Monitoring Officer be given the power to grant dispensations, as set out in sections 11.3 (a) and (b) of the report.