Agenda and minutes

The Chairman welcomed Councillor Mrs J H Whitehouse on her return to the Committee.

To approve as a correct record the minutes of the meeting held on 14.April 2009 (attached).

            RESOLVED:

            That the minutes of the meeting of the Committee held on 14 April 2009 be taken as read and signed by the Chairman as a correct record.

(a)        Members’ Training (Minute 33(a))

The Committee noted that approximately 10 members had attended the training course on 26 May 2009 regarding the process for dealing with complaints against councillors about alleged breaches of the Code of Conduct.  Councillor Surtees advised that he had been informed that a complex subject had been presented in an informative and useful way.

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.

(Monitoring Officer) To  consider a report on consultation concerning the review of the Planning Protocol.

The Deputy Monitoring Officer reported on responses following consultation with District Councillors, Parish and Town Councils, Planning Agents and the Director of Planning and Economic Development on the need to review the Planning Protocol.

(a)        Cabinet Members – Conflict of Interest in Planning Matters

In relation to Paragraph 7.2 of the Protocol, attention had been drawn to two issues.  The District Council Housing Portfolio Holder had questioned the need to declare a prejudicial interest in a planning matter in relation to a scheme which had been approved before he had become the Portfolio Holder.  Officers had drawn attention to the review of Cabinet Portfolios for 2009/2010 as a result of which it was possible a number of different Portfolio Holders could be involved in the formulation of a proposal requiring planning permission. 

The Deputy Monitoring Officer drew attention to possible rewording requiring that a prejudicial interest should only apply if the member had been the appropriate Cabinet Member at the time the proposal had been agreed with references to Portfolio Holders in the plural in order to reflect the possible overlap of responsibilities.

Members discussed whether the interest could be affected by a time lapse between the two situations and whether by taking on the responsibility of a Portfolio the member became committed to a project even if not a party to the original decision.

(b)       Property Interests

The Deputy Monitoring Officer reported that the interpretation of Section 8 had been cited in a recent complaint about an alleged breach of the Code of Conduct.  He advised that the adjudication on that allegation had not yet been completed and suggested this part of the Protocol be reviewed in the light of the outcome.

(c)        Prejudicial Interests and the Councillor’s Representative Role

The Deputy Monitoring Officer drew attention to a query as to how to deal with a situation where more than one councillor sought to exercise their right under the Code of Conduct to address a Planning Committee on a matter in which they had a prejudicial interest.

The Committee considered possible revised wording for the Protocol providing for Councillors to be called in alphabetical order by surname with each member leaving the meeting on completion of their statement.  Some members suggested that the order of speaking should be at the Chairman’s discretion.  The Committee agreed that such members should only be present in the meeting whilst making their representations otherwise those following the first speaker would have an advantage having heard earlier representations.

At this point in the meeting Councillor Mrs Cooper sought to speak as a non member of the Committee.  The Chairman, having regard to the length of the agenda and the likelihood of all councillors being able to make further representations on the review of the Planning Protocol as it appeared it would not be completed at this meeting, advised that she was restricting the discussion to members of the Committee only.

(d)       Training Requirements

In response to the consultation one firm of chartered town planners  ...  view the full minutes text for item 5.

To note the enclosed press release.

The Committee noted the results of the survey of Councillors and Council Officers in relation to the Members’ Code of Conduct.  The survey showed that support for the Code of Conduct and the Local Standards Framework was at a high level.

To  consider the attached schedule showing the current position.

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

(Monitoring Officer) To  consider a report.

The Committee considered a report reviewing the Council’s Complaints/Local Assessment Process in the light of experience gained since its introduction.

(a)        Officer Roles/Mediation or Conciliation

In relation to officer roles a member suggested that more emphasis should be placed on advising complainants of other avenues available to resolve an issue bearing in mind the resources required to follow the formal complaints process.  The Local Assessments Manager advised that when preliminary discussions were held with a potential complainant all the avenues were explained.  However, some complaints only became known on the receipt of a completed form at which stage it was not possible to suggest alternative action.

The Deputy Monitoring Officer drew attention to a report to be made to the Local Councils’ Liaison Committee drawing attention to conclusions in the Standards Committee’s Annual Report in relation to the number of complaints about Parish/Town Councillors, the vast majority of which had been made by one councillor against another.

The Committee agreed that complaints against councillors by other councillors could be a symptom of other problems and that the challenge was to find the correct way of resolving difficulties within Parish and Town Councils.  It was suggested that the Essex and National Associations of Local Councils could intervene with training or conciliation.

(c)        Initial Assessments

The Committee considered a number of concerns raised by one of their members about the assessment process.  The member had questioned the policy to be adopted when a councillor who had been notified that they were the subject of a complaint approached a member of the Standards Committee for advice.  Also the practice adopted in a Parish Council of publicly announcing that a complaint had been made.

The officers advised that it was a requirement that Standards Committee members should not advise councillors outside of the formal process as they might have to assess the complaint.  Members were advised that Parish/Town Council Clerks were notified when a Parish/Town councillor was subject to a complaint but that this notification was not for public disclosure for fear of prejudicing the assessment of the complaint.  The Committee discussed the timescale for notifying a parish or town council clerk and the subject member of a complaint.  The Monitoring Officer agreed to strengthen the Procedure Notes with a view to ensuring that there was no public disclosure of complaints during the assessment/review processes.

The Committee also discussed the initial notification of a complaint to the subject member and the fact that no detail was given of the complaint, this being disclosed only when an investigation had been commissioned.

The Monitoring Officer explained that details of a complaint were not disclosed at the assessment/review stages because there was a need to maintain confidentiality so that an investigation, if required, was not compromised.

(d)       Assessment/Review Hearings

The Committee was advised that one subject member had complained that they had been denied access to Assessment and Review Sub-Committee hearings and that this was against natural justice in that they had not been able to reply  ...  view the full minutes text for item 8.

(Monitoring Officer) To consider the attached report and guidance.

The Committee noted that the Standards Committee (Further Provisions) (England) Order 2009 made changes to the criteria for granting dispensations for members to speak and vote when they had a prejudicial interest.  The Committee noted the changes and the new guidance issued by the Standards Board to reflect the new regulations.

            RESOLVED:

            (1)        That the Standards Board Guidance be issued to District Councillors through the Council Bulletin and that copies of the Guidance be sent to Parish and Town Council Clerks; and

            (2)        That reference to dispensations be made in the revised Planning Protocol.

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

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

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