Agenda and minutes

To approve as a correct record the minutes of the meeting held on 27 January 2009 (attached).

            RESOLVED:

            That the minutes of the meeting of the Committee held on 27 January 2009 be taken as read and signed by the Chairman as a correct record subject to the inclusion of the name of Councillor B Surtees in the list of apologies for absence.

To declare interests in any item on the agenda.

No declarations of interest were made pursuant to the Council’s Code of Conduct for Members.

Recommendation:

That the issues to be covered by the regulations be noted.

(Monitoring Officer) Draft regulations are being prepared which will allow the Standards Board to suspend the initial assessment functions of an authority and will enable authorities to establish joint standards committees. They will also amend the powers of standards committees to grant dispensations to members who would otherwise be unable to take part in authority business because of a prejudicial interest. The regulations are expected to come into force in May 2009.

The circumstances in which the Standards Board will intervene are likely to include an authority’s failure to comply with Standards Board guidance or directions, or where the standards committee or monitoring officer fail to carry out their functions properly. An authority can also ask the Board to intervene. If the Board makes a direction the authority must publish details of it in a local newspaper and any other publication the Board thinks is appropriate.

Joint standards committees will be able to deal with all or any functions of a standards committee but there can be no concurrent functions. The finances are to be shared as agreed by the authorities and in default of agreement by an arbitrator appointed by them. The Standards Board will be producing guidance including a draft constitution or terms of reference.

A new provision will clarify that members can seek a dispensation where the political balance of the meeting would be upset sufficiently to prejudice the outcome of voting on the issue.

The Deputy Monitoring Officer reported that draft regulations were being prepared which would allow the Standards Board to suspend the initial assessment functions of an authority and would enable authorities to establish Joint Standards Committees.  They would also amend the powers of Standards Committees to grant dispensations to members who would otherwise be unable to take part in authority business because of a prejudicial interest.  The Committee noted that the regulations were expected to come into force in May 2009. 

Members noted that the circumstances in which the Standards Board would intervene were likely to include an authority’s failure to comply with Standards Board guidance or directions, or where the Standards Committee or Monitoring Officer failed to carry out their functions properly.  It would also be open to an authority to ask the Board to intervene.  Members noted that in the event of the Board making a direction the authority had to publish details of it in the local newspaper and any other publication the Board thought was appropriate.

Members were advised that Joint Standards Committees would be able to deal with all or any functions of a Standards Committee but there could be no concurrent functions.  Finances were to be shared as agreed by the authorities and in default of agreement by an arbiter appointed by them.  The Deputy Monitoring Officer reported that the Standards Board would be producing guidance including a draft constitution or terms of reference.

The Committee were advised in relation to dispensations that a new provision would clarify the ability of members to seek a dispensation where the political balance of a meeting would be upset sufficiently to prejudice the outcome of voting on the issue.

            RESOLVED:

            That the issues to the covered by the regulations be noted.

Recommendation:

That the introduction of annual returns be noted.

(Monitoring Officer) From April 2009, the Standards Board will be collecting information from standards committees in the form of an annual return. The information required will be on the arrangements for supporting the ethical conduct and questions will ask about protocols for member/officer relations, the existence of mechanisms for dealing with member/member and member/officer disputes, the chairman of the committee  relationship with the Chief Executive, Monitoring Officer and Council Leader, steps being taken to promote the committee’s work, and general activities of the committee including training.

The annual return will take the form of an online questionnaire, similar to the quarterly return.

The Deputy Monitoring Officer reported that from April 2009, the Standards Board would be collecting information from Standards Committees in the form of an annual return.  The information required would be on the arrangements for supporting the ethical conduct and questions would be asked about protocols for member/officer relations; the existence of mechanisms for dealing with member/member and member/officer disputes; the Chairman of the Committee relationship with the Chief Executive, Monitoring Officer and Council Leader; steps being taken to promote the Committee’s work; and general activities of the Committee including training.

Members were advised that the annual return would take the form of an on-line questionnaire, similar to  the quarterly returns.

            RESOLVED:

            That the introduction of Standards Board annual returns be noted.

Recommendation:

To consider whether to appoint representatives to attend the Annual Conference.

(Monitoring Officer) The Standards Board’s Annual Assembly will be held on 12 and 13 October 2009 at the ICC, Birmingham.

The 2009 Assembly will have a range of sessions including:

(a)   making sense of political party governance and discipline;

(b)   exploring the effectiveness of the ethical environment;

(c)   working effectively with members, council leaders and chief executives to embed high standards in the culture and governance of your authority; and

(d)   improving the skills of the standards committee.

The Standards Board say that they have worked with a forum of monitoring officers, independent chairs and standards committee members to develop a range of workshops, plenary sessions and advice clinics that will concentrate on good practice, and answer questions on key areas of the standards framework.

The cost is £430 plus VAT per delegate which includes conference materials and refreshments (Monday lunch and dinner and Tuesday lunch).  One day attendance is £230 plus VAT per delegate which includes conference materials and refreshments (Monday dinner and lunch on the day attending).

The Committee considered an outline of issues to be considered at the Standards Board’s Annual Assembly being held on 12 and 13 October 2009 at the ICC, Birmingham.

            RESOLVED:

            That having regard to the restricted budget available to the Committee no representatives be appointed to attend the annual assembly.

(Monitoring Officer) To consider the attached report on a High Court decision..

At the last meeting, the Committee received an initial oral report on this case and decided that the issue should be taken into account as part of the current review of the Planning Protocol.

The Committee received a report of the Monitoring Officer on the case of R (on the application of Michael Gardner) (Claimant) v Harrogate Borough Borough Council (Defendant) and Mr and Mrs Atkinson (Interested Party) (2008).  Members were reminded that an oral report had been made on this case at the last meeting when it had been decided that the comments about the definition of close associate/friend should be taken into account in the current review of the Planning Protocol.

            RESOLVED:

            That the report be noted.

(Monitoring Officer) To consider the attached report on the current position of allegations made about District and Town/Parish Councillors.

The Committee noted the current position of allegations made about District and Parish/Town Councillors.

In relation to references EFDC 1/2008 and EFDC 3/2008, the Hearings Sub-Committee on 31 March 2009 had found on the evidence that the member had not failed to follow the Code of Conduct.

In relation to reference EFDC 4/2008 the Assessments Sub-Committee on 3 April 2009 had decided that the case should be referred for consideration at a hearing. 

Pre-inquiry work was currently being undertaken and the case would go before the Hearings Sub-Committee in due course. 

In relation to reference EFDC 1/2009 an external investigator had been appointed in relation to the complaint against one councillor which had been referred for investigation by the Assessments Sub-Committee.

In relation to reference EFDC 2/2009 the Standards Board had decided to take no action on the matter.

In relation to reference EFDC 4/2009 the complainant had requested a review of the decision of the Assessments Sub-Committee to take no action.  Arrangements were being made to hold a meeting of the Reviews Sub-Committee.

In relation to reference EFDC 5/2009 the Assessments Sub-Committee had decided to take no action.

(Monitoring Officer) The calendar for 2009/10 provides for meetings of the Committee on 14 July 2009, 13 October 2009, 19 January 2010 and 13 April 2010.

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

The Committee noted that the calendar for 2009/10 provided for meetings of the Committee to be held on 14 July 2009, 13 October 2009, 19 January 2010 and 13 April 2010.

(a)               Members’ Training

The Committee noted that a members’ training course was to be held on 26 May 2009 regarding the process for dealing with complaints against councillors about alleged breaches of the Code of Conduct.  The course would provide a briefing on the various stages of the complaints process including advice to potential complainants from officers, assessment of complaints, reviews against decisions not to investigate complaints, investigations and adjudications.

The Deputy Monitoring Officer reported that in addition, courses would be held later in the municipal year on the revised Code of Conduct and the revised Planning Protocol.