Agenda and minutes

To approve as a correct record the minutes of the meeting held on 26 January 2010 (attached).

            RESOLVED:

            That the minutes of the meeting held on 26 January 2010 be taken as read and signed by the Chairman as a correct record.

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.

(a)        Predisposition, Predetermination or Bias, and the Code (Minute 15)

The Committee considered drawing the attention of councillors to the updated Standards for England guidance on Predisposition, Predetermination or Bias, and the Code of Conduct.

            RESOLVED:

            That the Standards for England revised guidance on Predisposition, Predetermination or Bias and the Code of Conduct be reported to councillors in the Council Bulletin.

(b)       Planning Protocol – Review (Minute 18)

The Monitoring Officer reported that together with the Deputy Monitoring Officer she had attended a course on 10 February 2010 which had been due to consider the implementation of new Member and Officer Codes of Conduct.  Unfortunately as the new codes had not been issued by the day of the event the course had taken a different approach and had concentrated on other issues.  The Committee noted that it had been suggested at the course that in the event of a change of Government following the election on 6 May 2010 it was possible that the proposed changes to the Members’ Code of Conduct would not survive in their drafted forms.

Recommendation:

To consider the Annual Return for 2009/10 to be made to Standards for England.

(Monitoring Officer) Attached are the questions which form the return for 2010 together with some guidance notes issued by Standards for England.

The Return has to be submitted on-line by 16 April 2010. The attached preview of the questions shows the Annual Return in its entirety. Not all of the questions may apply to this Council and only those applicable will be displayed on the on-line version for completion.

The approach of Standards for England to the Return has changed from previous years. A “tick box” questionnaire is to be used resulting in less open questions, although most questions have an option for “other” which, when ticked, will open up a free text box to type in.

The Committee considered the questions which formed the return for 2010 together with some guidance notes issued by Standards for England and concentrated on the questions which related to aspects of work currently not undertaken by the Committee.

            RESOLVED:

            (1)        That the officers complete and submit the Standards for England Annual Return 2010 taking account of the views of the Committee;

            (2)        That in future:

            (a)        a personal statement by the Chairman of the Committee be included in the Standards Committee Annual Report and in the “Forester” magazine with reference in the latter to the ability to view the full report on the Council’s website;

            (b)        the dates when complaints are received/determined to be included in the statistical information in the Annual Report, subject to clarification from Standards for England about their term “the length of time taken dealing with complaints”;

            (c)        a Forward Plan of the Committee be developed concentrating on planned training for members;

            (d)        Standards Committee Independent Members to contribute to other authority meetings, if invited to do so;

            (e)        following the appointment of a new Independent Member(s) of the Committee expected to take place in May 2010 publicity be issued regarding the work of the Committee as well as the new appointment(s);

            (f)         meetings be held between Committee Members and District Council Group Leaders and non-affiliated members if an issue suggests that such a meeting would be beneficial; and

            (g)        future training for members include advice about lobbying, electioneering, blogging and/or the use of social media.

(Monitoring Officer) To consider the attached schedule showing the current position.

The Committee received a schedule regarding current allegations made about the conduct of District and Parish/Town Councillors.

            RESOLVED:

            That in future, in addition to a schedule being submitted to the Committee in public session, provision be made in private session to enable all members of the Committee to discuss issues arising from Hearings Sub-Committee meetings.

(Monitoring Officer) The calendar for 2010/11 provides for meetings of the Committee on 13 July 2010, 12 October 2010, 18 January 2011 and 19 April 2011.

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

The Committee noted that the District Council’s calendar for 2010/11 provided for meetings of the Committee on 13 July 2010, 12 October 2010, 18 January 2011 and 19 April 2011.

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 in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the items of business set out below as they would involve the likely disclosure of exempt information as defined in the paragraph of Part 1 of Schedule 12A of the Act indicated and the exemption is considered to outweigh the potential public interest in disclosing the information:

Agenda                                                                     Exempt Information

Item No.         Subject                                              Paragraph Number

8                      Local Assessment Cases 1A                      1

and 5/2009

9                      Standards for England Direction                 1

(Monitoring Officer) To discuss issues arising from the Hearings Sub-Committee meeting held on 1 March 2010.

The Monitoring Officer summarised the issues which had arisen at a meeting of the Hearings Sub-Committee held on 1 March 2010.

(Monitoring Officer) To consider an oral report on progress being made in relation to the Direction.

The Monitoring Officer and the Deputy Monitoring Officer advised members of progress being made in relation to a Direction from Standards for England regarding a Parish Council.

Ms M Marshall advised that following her notice of resignation as an Independent Member of the Committee this would be her last meeting.

She thanked members and officers for the help and assistance which she had received during her time as a member of the Committee.

The Monitoring Officer thanked Ms M Marshall for the work she had undertaken as a member of the Committee since 2001 and as Chairman since 2007.