EPPING FOREST DISTRICT COUNCIL
COMMITTEE MINUTES
Committee:
Standards
Date:
13 April 2004
Place:
Civic Offices, Epping
Time:
7.30 – 9.15 pm
Members
Present:
Independent Members:
Dr D Hawes (Chairman), Ms M Marshall, G Weltch
District Council Representatives:
Councillors F Maclaine, Mrs P Smith
Parish/Town Council Representatives:
Councillors J Salter, K Percy (Deputy)
Other
Councillors:
-
Apologies:
-
Officers
Present:
I Willett (Head of Research and Democratic Services)(Deputy Monitoring
Officer), G Lunnun (Policy Unit)
33. MINUTES
RESOLVED:
That the minutes of the Committee meeting held on 10 February 2004 be taken
as read and signed by the Chairman as a correct record.
34. MATTERS ARISING FROM THE MINUTES OF THE LAST MEETING
(a) Chairman (Minute 21)
Dr D Hawes thanked the Committee for the letter expressing their condolences
for the loss of his wife.
(b) Loughton Residents' Association – Planning Issues (Minute 25)
The Committee noted that the LRA had adopted the agreed procedures in
relation to the separation of the Association from LRA Councillors in respect
of planning matters.
However, due to an administrative error the new procedures would not be
incorporated into the Association's Constitution in Spring 2004 and would need
to await the next annual meeting.
RESOLVED:
That the Officers continue to pursue this matter with the LRA to ensure that
the Association's Constitution is amended.
35. DECLARATIONS OF INTEREST
No declarations of interest were made pursuant to the Council's Code of
Conduct.
36. COMMITTEE – MEMBERSHIP
The Monitoring Officer reported that the current terms of office of the three
independent members of the Committee ended in May 2004. Approaches had been
made to the independent members and all three had advised that they were
willing to be re- appointed for a further term. As a result the Council was
being recommended to re- appoint the existing independent members for a
further term of three years from the Annual Council in 2004.
The Monitoring Officer also reported that the Annual Council in 2004 had been
postponed from 20 May 2004 to 24 June 2004 as a result of the Government's
decision to hold Council elections at the same time as elections for the
European Parliament (10 June 2004). In order to deal with the potential
anomaly in the terms of office of the existing members of the Committee, the
Council was also being recommended to extend their terms to 24 June 2004, the
day of the Annual Council meeting.
RESOLVED:
That the recommendations to the District Council meeting on 20 April 2004 in
relation to (a) the appointment of independent members for a further term of
three years from the Annual Council meeting in June; and (b) the extension of
the term of all members of the Committee from May 2004 until 24 June 2004 to
reflect the fact that the Annual Council meeting this year has been postponed,
be noted.
37. COUNCILLORS SERVING ON OUTSIDE ORGANISATIONS OR OTHER PUBLIC
AUTHORITIES – ADVICE (Minute 27 – 10.2.04)
The Monitoring Officer reported that at the last meeting, the Committee had
requested the preparation of a guidance note on the need for the declaration
of interests by councillors serving on outside organisations or other public
authorities. It had also been agreed that when approved by members of the
Committee, the guidance note should be circulated to all district councillors.
The Monitoring Officer advised that two draft guidance notes had been
circulated to members of the Committee and a number of changes had been
suggested to both documents. As a result a third version had been prepared
which it was felt should be submitted to this meeting for final approval
before being issued to district councillors.
RESOLVED:
(1) That the revised guidance note be approved subject to:
(a) the words "and is giving separate advice to members who serve on such
authorities" in paragraph 5.4 being moved to the end of paragraph 5.3;
(b) the amendment of paragraph 6.1(b) to accord with the advice in the
summary matrix;
(2) That the revised guidance as amended by (1) be issued to all members
of the District Council; and
(3) That reference to the guidance be included in the Annual Report of the
Committee.
38. LOCAL INVESTIGATION AND DETERMINATION OF MISCONDUCT ALLEGATIONS –
JOINT ODPM AND STANDARDS BOARD FOR ENGLAND CONSULTATION
The Committee considered two consultation papers published jointly by the
Office of the Deputy Prime Minister and the Standards Board relating to
proposed regulations and guidance to monitoring officers regarding the local
investigation of allegations and local adjudications.
The Monitoring Officer advised that copies of the consultation papers had
been sent to every member of the District Council together with a request for
observations or concerns which could be taken into account at this meeting.
The Committee noted that no observations or concerns had been expressed.
The Committee discussed the main effects of the proposed Local Authorities
(Code of Conduct)(Local Determination)(Amendment) Regulations 2004. Members
noted that in broad terms the proposed regulations were necessary to reflect
the fact that the Local Government Act 2000 and the existing regulations
related only to a situation where investigations and adjudications were dealt
with at Standards Board level. The proposed changes all related to the new
situation where investigations could be carried out by the Monitoring Officer
and adjudicated on by Standards Committees.
Attention was drawn to:
(a) the powers for Monitoring Officers to investigate;
(b) the powers for Standards Committees to consider reports;
(c) whether all cases investigated should be referred to the Standards
Committee or whether there should be powers for the Monitoring Officer to
determine that no further action was needed;
(d) whether Monitoring Officers should be able to refer cases back to the
Ethical Standards Officer in the event of new evidence being established; and
(e) the relationship between the actions required of Monitoring Officers by the
regulations and the proposed guidance from the Standards Board.
In relation to the draft Guidance to Monitoring Officers by the Standards
Board it was noted that it covered cases referred back to Monitoring Officers
by Ethical Standards Officers but did not cover in detail local adjudications
which had been dealt with in earlier guidance.
RESOLVED:
Draft Regulations
(1) That the ODPM be asked to reconsider the wording of revised draft
Regulation 5(8)(a)(iii) as it appears unnecessary in that it requires a
Standards Committee to give written notice of its findings to itself;
Standards Board Guidance
(2) That the Standards Board be advised that it is considered inappropriate
for Ethical Standards Officers to be able to edit an allegation letter before
submitting it to the Monitoring Officer as the latter should be acknowledged as
being trustworthy, able to make a judgement and not someone who would act
inappropriately.
39. COMMITTEE ON STANDARDS IN PUBLIC LIFE (COSPL) – ISSUES AND
QUESTIONS PAPER: "IMPLEMENTING STANDARDS OF CONDUCT IN PUBLIC
LIFE"
The Monitoring Officer reported that COSPL was a Government body which had been
appointed to review and monitor the standards of behaviour of those in public
life. The current issues paper gave notice of an intended review of
implementation of the Ethical Framework and focused on:
(a) appointments to public bodies (outside the Civil Service);
(b) codes of conduct; and
(c) relationship between the Ethical Framework and organisational culture.
Members were advised that there was a deadline of 16 April 2004 for comments
to be made on the issues raised in the document.
Attention was drawn to Chapter 3 of the document which dealt with appointments
to public bodies including the NHS and the management and enforcement of codes
of conduct. The Committee determined that its response should focus on
Questions 9-13 of that chapter.
The Monitoring Officer advised that he had received an e-mail from a county
councillor advising that Essex County Council had already instructed all of
its members to register membership of the freemasons and political associations.
RESOLVED:
(1) That the following comments be made to the Committee on Standards in
Public Life:
(a) the local government model code of conduct should continue to apply to
all tiers of local government;
(b) there should not be a general requirement in codes of conduct to register
membership of any society which though not a charity or directed to charitable
purposes might be perceived to constitute a conflict of interest; individual
members should take a view on such interests and be prepared to respond to
any challenge in the event of not declaring an interest;
(c) the requirements in the various codes of conduct are considered
proportionate but have been a disincentive to some particularly those at parish
council level although there is little evidence of such a problem in this
District;
(d) when regional bodies emerge in the region which includes this District it
is considered that they should be subject to similar codes of conduct as apply
to the various tiers of local government;
(2) That members of the Standards Committee be invited to submit
additional individual views in response to the Issues Paper if they wish.
40. STANDARDS COMMITTEE – ANNUAL REPORT 2003/04
The Committee considered a draft Annual Report for the current municipal
year. The Monitoring Officer advised that before final publication the
statistical information might need amendment in order to reflect the position
as at 31 March 2004.
RESOLVED:
(1) That the draft Annual Report be approved subject to:
(a) Insertion of the words "Epping Forest Branch of the" before the words
"Essex Association of Local Councils" in paragraph 1.2;
(b) The correction of typographical errors;
(2) That the Chairman of the Committee present the report to the District
Council meeting on 20 May 2004; and
(3) That the report be published on the Epping Forest District Council
website; and
(4) That the Monitoring Officer remind Parish and Town Council Clerks of the
need to advise the District Council of the receipt of gifts and hospitality by
members at parish level.
41. TRAINING COURSES
The Monitoring Officer sought views of the Committee on training to be
offered to District Councillors and Town and Parish Councils during 2004/05.
The Committee was advised that feedback from the Peer Review and the
Comprehensive Performance Assessment had suggested that there should be
increased member involvement in drawing up a programme of training. As a
result the Leader of the District Council had established a Group of District
Councillors to pursue the matter and the views of the Standards Committee
would be made known to that Group.
RESOLVED:
(1) That provision be made in the Member Training Programme for 2004/05
for courses on the Code of Conduct and the Planning Protocol;
(2) That councillors be asked to read the Code of Conduct and the Planning
Protocol before attending courses on those documents;
(3) That members of this Committee be consulted on the proposed dates for
courses on the Code of Conduct and the Planning Protocol and they be asked to
assist in the presentation of those courses;
(4) That in relation to the Planning Protocol, the Monitoring Officer consider
the provision of a course aimed at newly elected members and a separate
refresher course for existing members;
(5) The courses intended to be refresher courses for existing members be
clearly marked as such in the Training Programme and
(6) That the Group established by the Leader of the Council be advised of
the proposals of this Committee in relation to member training in 2004/05.
42. INDEPENDENT MEMBERS – ALLOWANCE
The Monitoring Officer reported that at its meeting on 19 February 2004, the
Council had considered a report of the Independent Member Remuneration Panel
on a review of the Member Remuneration Scheme for 2004/05. The Council had
adopted the recommendations of the Panel including provision in the
Remuneration Scheme for the payment of a co-optees allowance of £350 per
member per annum with the independent Chairman of the Standards Committee
eligible for a co-optees allowance of £700 per annum.
The Monitoring Officer advised that the payment of co-optees allowance was
designed to reflect the time and commitment by members of Council committees
who were not elected councillors and the independent members of the Standards
Committee came within this definition.
The Monitoring Officer advised that letters had been sent to the independent
members of this Committee asking if they wished to claim the allowance. He
pointed out that members were also able to give notice that they did not wish
to receive all or part of the allowance. The independent members on the
Committee indicated that they would respond to the Monitoring Officer.
RESOLVED:
That the decision of the Council to include provision for the payment of
co-optees allowance to the independent members of this Committee in its Member
Remuneration Scheme be noted.
43. ALLEGATIONS RECEIVED
The Committee received a report on the current position of allegations made
to the Standards Board about District and Local Councillors.
RESOLVED:
That the report be noted.
44. DATE OF NEXT MEETING
The Committee noted that a draft calendar of District Council meetings was to
be considered by the Cabinet at its meeting on 26 April 2004. The
recommendations of the Cabinet would then be considered by full Council at its
meeting on 20 May 2004.
The Monitoring Officer advised that the draft calendar provided for meetings
of the Standards Committee on 29 July 2004, 14 October 2004, 24 February 2005
and 14 April 2005.
RESOLVED:
That the proposed dates of meetings of the Committee during the municipal year
2004/05 be noted.
CHAIRMAN
Audit and Business Rate Consultative Panel 1 November 1999
722
716
Standards Committee 13 April 2004