Agenda and minutes

To approve as a correct record the minutes of the meetings held on 11 April and 22 June 2006 (attached).

RESOLVED:

That the minutes of the Committee meetings held on 11 April and 22 June 2006 be taken as read and signed by the Chairman as a correct record subject to the designations of officers in the Officers Present section being amended to read:  C O'Boyle (Monitoring Officer), I Willett (Deputy Monitoring Officer), G Lunnun (Allegations Determinations Manager).

To declare interests in any item on the agenda.

Pursuant to the Council's Code of Member Conduct, Councillor Mrs P Smith declared a personal interest in agenda item 8 (Appointment of Adjudication Sub-Committee) by virtue of being an associate of the member against whom an allegation had been made.  She declared that her interest was prejudicial and that she would be leaving the meeting for the duration of the consideration of the item and voting thereon.

Decision Required;

To consider a report on the need for additional resources.

(Monitoring Officer) Legislation is expected to be passed by Parliament devolving to the local level the receipt of all complaints from the public and decision taking on which ones are to be investigated. This will increase the workload for monitoring officers and other staff concerned with the ethical framework and necessitate a request to the Council for additional resources.

Report to follow.

(a)            Resources

The Monitoring Officer advised that the majority of allegations about the conduct of Councillors were now being dealt with at a local level and not by the Standards Board.  In addition, it was likely that a system of initial local assessment of all allegations would be in place later in the year.  These factors would necessitate the District Council making available additional resources to the Monitoring Officer.  The Committee noted that steps were being taken to address some of the issues by the use of existing suitably experienced staff but, in any event, there would be a need to seek further financial provision, and possibly additional staffing resources, from the Council in order to cope with the expected significant increase in workload.  The Monitoring Officer advised that she would be reporting in more detail to a future meeting.

The Committee noted that the Standards Board had stated that it would continue to switch the focus of its work from the investigation of cases towards the provision and maintenance of a national framework of support to help local authorities to ensure high standards locally.  Members questioned the meaning of this statement.

RESOLVED:

That the Monitoring Officer seek clarification from the Standards Board for England of its statement that it will provide and maintain a national framework of support to help local authorities ensure high standards locally.

(b)       CIPFA Better Governance Forum

The Monitoring Officer reported on her attendance in April 2006 at a course on "Conduct, Behaviour and Ethical Standards".  She reported that advice had been provided on the content of annual reports of Standards Committees and whilst this Committee's annual report already contained much of the recommended content some further good practice had been learnt which would be suggested for inclusion in future reports.

The Monitoring Officer advised that many authorities had been represented at the Forum and it had been clear that this Committee was more active and better focussed than most of the other Committees which had been represented.  It was also clear that unlike this Committee, many others had difficulty in appointing and retaining independent members.

The Monitoring Officer also advised that consultations were taking place at a national level about the need for Monitoring Officers to be either solicitors or barristers.

The Deputy Monitoring Officer reported that the District Council at its last meeting had complimented the Committee on its work during the last year and on its annual report.  The Council had not reacted to the reference in the report to the likely need for additional resources to support the ethical framework in the future.

(Monitoring Officer) To note the attached schedule.

The Committee noted the current position on allegations made to the Standards Board for England regarding District and Parish/Town Councillors.

Members questioned whether any response had been received from the Stapleford Abbotts Parish Council in relation to the concerns which had been expressed by the Standards Committee about a lack of transparency of some of the administrative processes adopted by that Parish Council.

The Allegations Determination Manager reported that there had been no response.

            RESOLVED:

That the Parish Council Clerk be requested to place the letter dated 29 June 2006 she received from the District Council's Democratic Services Manager on an agenda for a Parish Council meeting and to notify the District Council's Monitoring Officer of the Parish Council's formal response to that letter.

(Monitoring Officer) The calendar for 2006/07 provides for meetings of the Committee on 17 October 2006, 27 February 2007 and 25 April 2007.

Additional meetings can be arranged as and when required by the Committee.

The Committee noted that the calendar for 2006/07 provided for meetings of the Committee on 17 October 2006, 27 February 2007 and 25 April 2007.  Members were advised of the likelihood of additional meetings being held in order to consider reports of investigating officers.

To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the paragraph(s) of Part 1 of Schedule 12A of the Act indicated:

To resolve that the press and public be excluded from the meeting during the consideration of the following items which are confidential under Section 100(A)(2) of the Local Government Act 1972:

Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)       All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)       At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)       Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers:  Paragraph 8 of the Access to Information Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)            disclose any facts or matters on which the report or an important part of the report is based;  and

(b)       have been relied on to a material extent in preparing the report does not include published works or those which disclose exempt or confidential information (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

            RESOLVED:

That the public and press be excluded from the meeting for the item of business set out below on the grounds that it would involve the likely disclosure of exempt information as defined in the paragraph of Part 1 of Schedule 12A of the Local Government Act 1972 and that maintaining the exemption is considered to outweigh the potential public interest in disclosing the information:

Agenda                                                                   Exempt Information

Item No.            Subject                                             Paragraph Number

8                      Appointment of Adjudication              7C

                        Sub-Committee

To consider a restricted report.

The Allegations Determination Manager drew attention to the final report of John Austin, Borough Secretary and Monitoring Officer of the London Borough of Enfield who had investigated on behalf of this Council's Monitoring Officer an allegation made about the conduct of a District Councillor.

The Investigating Officer's finding was that there had been a breach of the Code of Conduct in this case and it was necessary, therefore, for the Committee to appoint an Adjudication Sub-Committee of three members to consider the matter in detail.  Members were advised that the pre-hearing process had commenced and that the meeting of the Sub-Committee should take place before 14 September 2006.

Members considered the make-up of a Sub-Committee.

RESOLVED:

(1) That the three independent members of this Committee, namely Dr D Hawes, Ms M Marshall and G Weltch form the Adjudication Sub-Committee to adjudicate on allegation SBE 12697.05 referred to the Council's Monitoring Officer and investigated locally;

(2) That G Weltch be appointed Chairman of the Adjudication Sub-Committee;  and

(3) That arrangements be made for the meeting of the Sub-Committee to be held before 7 September 2006 in view of the commitments of two members of the Sub-Committee immediately after that date.