Agenda item

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 on pro rata lines be approved as set out in Annex 1 to these minutes;

 

            (3)        That the following Councillors be appointed to the Standards Committee for 2012/13:

 

            Conservative Group (6):

 

            Councillors G Chambers, H Kane, A Mitchell, B Rolfe, P Smith, D Stallan.

 

            LRA Group (2):

 

            Councillors K Angold-Stephens, C Pond.

 

            Liberal Democrats Group (1):

 

            Councillor J H Whitehouse;

 

            Joint Standards Committee – Parish and Town Councils

 

(4)   That the current position regarding parish and town councils in the District be noted;

 

(5)      That parish and town councils wishing to participate in the Standards Committee established by the District Council be welcomed;

 

(6)      That all parish and town councils be reassured that whichever option they choose they will continue to receive full support from the Monitoring Officer and her staff;

 

            Code of Conduct

 

            (7)        That the draft model Code of Conduct developed by the Public Law Partnership as set out in Annex 2 to these minutes be adopted in respect of this Council and any affiliated parish and town councils;

 

            Arrangements for Dealing with Complaints

 

            (8)        That the model complaints procedures under Section 28 of the Localism Act 2011 as developed by the Public Law Partnership be adopted as set out in Annex 3 to these minutes;

 

 

 

 

            Independent Person(s)

 

            (9)        That the publication of a notice inviting applications for independent persons to assist with the new Standards arrangements be noted;

 

            (10)      That the Council notes that the existing independent members of the Standards Committee may, under Government regulations laid before Parliament, apply for the positions of independent persons provided that they resign as members of the current Standards Committee before 1 July 2012 but that any application from those independent persons must be regarded as provisional until the regulations are made;

 

            (11)      That, as the Council will not have completed appointments of independent persons until after 1 July 2012 when the new Standards arrangements come into force, the Monitoring Officer be authorised to seek support from independent persons appointed by other local authorities when required, as an interim measure;

 

            (12)      That the number of independent persons to be recruited be no less than two in order to ensure that there is a clear differentiation of responsibilities should an independent person be advising either the Monitoring Officer or a councillor subject to a complaint;

 

            (13)      That a Panel be appointed in order to interview the applicants to become independent persons comprising five members of the Council on pro rata lines (i.e., Conservative Group 3, LRA Group 1 and Liberal Democrats Group 1) and that Group Leaders notify the Monitoring Officer of their nominations;

 

            (14)      That, notwithstanding the payment of allowances and expenses to independent persons is not part of the statutory duties of the Remuneration Panel, the Panel be invited to give their advice on the level of co-optees’ allowance and travel and subsistence which should apply to independent persons, bearing in mind the payment of £500 per annum plus travel/subsistence payable to the independent members of the present Standards Committee;

 

            Register of Member Interests

 

            (15)      That the Monitoring Officer be authorised to finalise, in consultation with the Public Law Partnership, the format for registration of members’ interests under the new Code of Conduct.