Issue - meetings

Recommendation:

To note the Terms of Reference of the Committee

(Monitoring Officer) The attached terms of reference for the Committee were agreed by the Council on 18 June 2012.

Members noted the terms of reference of the Committee as agreed by the Council on 18 June 2012, subject to review after 12 months.

Members discussed the terms of reference with a view to identifying matters to be considered at the review.

The Deputy Monitoring Officer reminded Members that the terms of reference were based on the model produced by the Public Law Partnership in an attempt to provide standardised arrangements for all authorities in the Partnership and that when the Council undertook its review account would also be taken of the views of that body to ensure as far as possible that a consistent approach would continue.

The Monitoring Officer advised that the Government had also indicated that a national review would be undertaken of the new standards regime after a few years of operation.

            RESOLVED:

            (1)        That the terms of reference of the Committee be noted; and

            (2)        That as part of the review, the Council be recommended to amend the provision for inviting a parish councillor to be co-opted as a non-voting member of a Sub-Committee when consideration is given to a complaint about a parish councillor, to exclude from fulfilling that role dual-hatted members and members of the same parish/town council as the member who is subject to the complaint.

Recommendation:

That the Complaints Procedures  adopted by the District Council on 18 June 2012 be noted.

(Monitoring Officer) At its meeting on 18 June 2012, the Council adopted the attached Complaints Procedures which had been developed by the Public Law Partnership. These documents were adopted subject to review after 12 months.

The Committee noted the complaints procedures adopted by the Council on 18 June 2012 which had been developed by the Public Law Partnership.  Members also noted that these documents had been adopted subject to review after 12 months.

To approve as a correct record and sign the minutes of the meeting held on 18 June 2012 (attached)

            RESOLVED:

            That the minutes of the meeting held on 18 June 2012 be taken as read and signed by the Chairman as a correct record.

The Deputy Monitoring Officer presented a report on the new Standards arrangements required under the Localism Act 2011.

Mr Willett drew attention to the present Standards Committee report to the Council on 27 March 2012 in which details had been provided of the new Standards arrangements for elected and co-opted councillors to come into force on 1 July 2012.  At that meeting, the Council had made a number of decisions on the operation of the new arrangements including agreement in principle on key aspects of the new regime.

The Deputy Monitoring Officer reported that since 27 March 2012, further work had been undertaken by the Public Law Partnership to provide standardised arrangements in the local area so as to reassure the public that the same standards would apply to all councils in the area.  He drew attention to a proposed constitution for the proposed new Standards Committee, a model Code of Conduct, arrangements for dealing with complaints, the appointment of independent persons, the register of members’ interests, further alterations to the Council’s Constitution and a review of the proposed new arrangements.

The attention of the Council was drawn to discussions which had taken place between the Monitoring Officer and representatives of the Essex Association of Local Councils (Epping Forest Branch).  As a result of these discussions, it had been understood that local parish and town councils were being commended to establish a Joint Standards Committee for all of the parish and town councils in the District to work alongside the Standards Committee for the District Council.  However, it now appeared that some parish councils did not wish to join a Joint Committee of parish and town councils and had indicated a desire to affiliate to the District Council’s Standards Committee.

The Deputy Monitoring Officer drew attention to the definition of disclosable pecuniary interests now included within the proposed Code of Conduct. 

He informed the Council that since the publication of the report, a notice had appeared in the local press inviting applications for the position of independent persons.

The Council considered the proposed arrangements.

Amendment moved by Councillor Stallan and seconded by Councillor Grigg.

“That the Council:

(a)        notes that the draft Code of Conduct, under recommendation (4) does not include the provisions in the current Code for members who have declared prejudicial interests to make representations before leaving a meeting where the public have the same right;

(b)        agrees to ask the Standards Committee to submit proposals for a standing order to provide for the circumstances under which a member can make representations of this kind in relation to pecuniary and non pecuniary interests but not to Disclosable Pecuniary Interests (DPI)”.

Carried

Report as amended ADOPTED

            RESOLVED:

            (1)        That the following decisions be taken in addition to those taken by the Council on 27 March 2012 regarding the new arrangements;

            Standards Committee

            (2)        That the terms of reference and constitution for a Standards Committee for this Authority comprising nine Councillors including one member of the Cabinet and appointed  ...  view the full minutes text for item 18