Agenda item - The Localism Act 2011 - Replacing the Standards Regime

Agenda item

The Localism Act 2011 - Replacing the Standards Regime

To receive a report from the Director of Finance, Resources & Customer Services on the standards regime and new arrangements for dealing with issues around councillor conduct.                    (Report No.20A)

 

Members are asked to note that the new arrangements set out in the report have been subject to consideration at both the Members & Democractic Services Group (6 June 12) and Councillor Conduct Committee (13 June 2012) prior to recommendation onto Council for approval.

Minutes:

Councillor Simon moved and Councillor Brett seconded the report from the Director of Finance, Resources & Customer Services (No.20A) on the changes to the current standards regime, Members’ Code of Conduct and new arrangements for dealing with issues around councillor conduct.

 

NOTED

1.      The new arrangements set out for approval within the report had been subject to consideration at both the Members’ & Democratic Services Group (6 June 2012) and Councillor Conduct Committee (13 June 2012).

2.      Following publication of the report, further advice had been received from Bob Neil, as Parliamentary Under Secretary of State for Communities and Local Government, setting a time limit of June 2013 as the period of office for which former independent members of the Standards Committee could serve in the new role as an Independent Person.  This had conflicted with earlier advice received and had not therefore been reflected within the report.

3.      As a result of 2.above, further clarification was being sought from the Parliamentary Under Secretary of State, requiring an amendment to:

a.      section 6.3 of the report to remove reference to the specific timescale and term of office for the Independent Person; and

b.      recommendation 2.4 to allow the final term of office to be agreed by the Chair of the Councillor Conduct Committee (in consultation with the Vice-Chair), once clarification on the position had been received.

4.      The need for further review of the proposed annual allowance to be paid to the Independent Person(s) in order to ensure a fair reflection of the duties and responsibilities that would accompany the new role.  For this reason, it was recommended that a final review of the allowance also be undertaken, and as in 3.b above this also be delegated to the Chair of the Councillor Conduct Committee (in consultation with the Vice-Chair) for final approval.

 

AGREED

 

(1)    To approve the new Code of Conduct for Councillors and co-opted members of the Council, as set out in Appendix A of the report.

 

(2)    To approve the procedure for dealing with complaints against councillors and co-opted members, as set out in Appendix B of the report.

 

(3)    To approve the contents of the recruitment pack, as set out in Appendix C of the report (with subsequent additions underlined) and request the Councillor Conduct Committee to select two prospective Independent Persons in accordance with the requirements of the Localism Act and recommend their appointment to the next Council meeting on 19 September 2012.

 

(4)    The Chair of the Councillor Conduct Committee (in consultation with the Vice-Chair) be given delegated authority to agree the term of office and allowance for the Independent Person(s), subject to:

 

(a)    clarification of the regulations relating to their appointment currently being sought from the Parliamentary Under Secretary of State for the Department of Communities and Local Government

 

(b)    the outcome of this process being reported back to Council in September 2012 for endorsement.

 

(5)    The documents included in Appendices A and B of the report, be the subject of review by the Councillor Conduct Committee and the  Members’ and Democratic Services Group with a report to be submitted to Council on 27 March 2013.

Supporting documents: