Meeting documents

Standards Committee
Wednesday, 21st March, 2012 7.30 pm

Time: 7.30pm Place: Council Chamber, Council Offices, Gernon Road, Letchworth Garden City
 PRESENT: Mr N. Moss (Independent Chairman) and Mr S. Gillies.
Parish Councillor B Hillan.
District Councillors Mrs A.G. Ashley, Judi Billing, David Kearns, Bernard Lovewell, M.R.M. Muir and Lawrence Oliver.
 IN ATTENDANCE: Corporate Legal Manager (Monitoring Officer), Senior Lawyer (Deputy Monitoring Officer) and Committee and Member Services Manager.
 ALSO PRESENT:
Item Description/Resolution Status Action
PART I
9 APOLOGIES FOR ABSENCE

Apologies for absence were submitted on behalf of District Councillor Marilyn Kirkland, Parish Councillor Robert Wornham, Mr Peter Chapman (Independent Vice-Chairman) and Mr Philip Joester (Independent Member).
 Noted   
10 MINUTES
Minutes

RESOLVED: That the Minutes of the meeting of the Committee held on 23 November 2011 be approved as a true record of the proceedings and signed by the Chairman.

In relation to future Chairmanship of the Standards Committee, the Monitoring Officer stated that Counsel's advice had been sought regarding this matter, which had confirmed that there was no leeway under the new Standards regime for the Chairman of the Committee or Sub-Committee to be an Independent Member (ie. it had to be a District Councillor).
 Agreed   
11 NOTIFICATION OF OTHER BUSINESS

No other items were presented for consideration.
 Noted   
12 CHAIRMAN'S ANNOUNCEMENTS

The Chairman reminded Members that, in line with the Code of Conduct, any Declarations of Interest should be declared immediately prior to the item in question.
 Noted   
13 CHANGES TO THE STANDARDS REGIME
Report and Appendix 1
Appendix 2
Appendix 3
Appendix 6.1
Appendix 6.2
Appendix 6.3

The Monitoring Officer submitted a report in respect of anticipated changes to the Standards Regime. The following appendices were submitted with the report:

Appendix 1 - What else remains in addition to the Localism Act?;
Appendix 2 - Draft Terms of Reference for Standards Committee;
Appendix 3 - Draft Procedure for Standards Sub-Committee;
Appendix 4 - Draft Model Codes of Conduct (x2);
Appendix 5 - Article from Local Government Chronicle dated 8 March 2012;
Appendix 6 - Draft Arrangements.

The Monitoring Officer advised that the report was lengthy and complex, and contained much detail, but considered that all of it was necessary at this stage. The detail was continuing to evolve, and the regulations were still awaited, even though the Council needed its new Standards system in place and operational by 1 July 2012. She had set out the report in 8 broad subject areas, and asked the Committee to consider and work through each of these in turn when formulating its recommendations.

The Monitoring Officer referred the Committee to a request made by the Legal Services Manager of another Local Authority to the Department of Communities and Local Government (DCLG) asking for timescales publication of the Regulations; seeking clarification on the lawfulness of joint arrangements for dealing with allegations; and whether any Model Code of Conduct was to be produced. It took over 2 months for the DCLG to respond and, when received, the answers were vague and unhelpful, with no definitive timescales.

In terms of the next steps, the Monitoring Officer explained that there was to be a Member Workshop on the new Standards Framework on 3 April 2012 that would primarily include Members of the Overview and Scrutiny and Finance, Audit and Risk Committees, but was open for attendance by all Members of the Council. The Workshop would consider an informal report of similar content and format as the report before the Committee, and the matter would then be referred to Full Council for decision. The outcome of the Committee's deliberations, together with the views of the Member Workshop, would be incorporated into the Monitoring Officer's final report to Council. This would be sometime in May 2012, although it was yet to be confirmed whether it would be at Annual Council on 17 May 2012 or at a Special Council meeting.

In addition to the recommendations in the report, the Monitoring Officer requested a general delegation to herself, in consultation with the Chairman of the Standards Committee, in the event that following the meeting there were any matters outstanding or unclear from the Committee's decisions or recommendations.

The Committee acknowledged that the report suggested increased delegations to the Monitoring Officer. These were moderated by the role of the Independent Person (IP) and the suggested ongoing role of the Standards Committee. One of the key reasons for this was to ensure maximum efficiency in terms of implementation of the standards regime moving forward, whilst also balancing the need for fairness and transparency.

The Monitoring Officer commented that it had been necessary to prioritise consideration of the District Council's approach to the standards requirements initially. However, as these were now progressing, she had started considering in detail implications for Parish Councils. To that end, she was in discussion with the County Officer for the Hertfordshire Association of Parish and Town Councils, and she and the Deputy Monitoring Officer were meeting with this Officer on 26 March 2012 to discuss the next steps to engage the Parish Councils and communicate with them.

The Monitoring Officer concluded her introductory remarks by explaining that her report referred in a number of place to ACSeS (Association of Council Secretaries and Solicitors). She confirmed that this was the professional body in local government for senior lawyers and those concerned with corporate governance.

The Chairman invited Members to raise any general points regarding the report and the new Standards regime. The following points were raised:

- The role of the Monitoring Officer under the new regime appeared burdensome, although it was recognised that the Independent Person would act in a "buffer" role;
- The Monitoring Officer confirmed that, if the new regime had been in operation for the previous few years, the majority of complaints considered by Assessment and Review Sub-Committees during that time would have been dealt with by her;
- Even though the new standards principles had been reduced from 10 to 7 in number, it was felt that the new principles were sufficiently broad to include the 3 old principles which had been removed.

The Chairman led the Committee through each of the proposed recommendations in turn, the outcome of which was reflected in the resolutions set out below.

RESOLVED: That the following be recommended to Council:

(1)(a) the retention of a Standards Committee with a Sub-Committee, and that the Standards Committee be delegated appropriate powers in line with the draft Terms of Reference attached at Appendix 2 to the report;

(1)(b) the Committee include the involvement of 2 Parish Councillors, their precise role to be determined at a later stage, but within the constraints of the legislation;

(1)(c) the current Chairman of the Standards Committee be appointed as a Co-opted Member of the new Committee;

(1)(d) the Hearing Procedure for the Standards Sub-Committee, attached at Appendix 3 to the report, subject to a revision, if possible, take account of the concern expressed by the Chairman that, as drafted, the role of the Independent Person appeared to be inconsistent with the principles of natural justice. That person's independence appeared to be compromised because s/he would deliberate in private with the Hearing Sub-Committee. Similarly, the approach as drafted raised doubts about the perceived independence of the Hearing Sub-Committee itself, as it was unclear if its decision-making would be wholly independent and impartial, given the proposed involvement of the Independent Person. It was suggested that a possible solution might be to provide for the involvement of the Independent Person within the public part of the hearing;

(2)(a) Members should still be asked to provide an undertaking to comply with the Council's approved Code of Conduct;

(2)(b) the Draft Model Code of Conduct attached at Appendix 4(1) to the report be broadly supported in principle, but that the wording in support of the principles, particularly the one on Leadership, be re-drafted to strengthen the document;

(2)(c) when the Disclosable Pecuniary Interest (DPI) Regulations are published, the Monitoring Officer, after consultation with the Chairman of the Standards Committee, add to the draft Code of Conduct provisions which are considered appropriate for the registration and disclosure of interests other than DPIs;

(3)(a) the Draft Arrangements for Dealing with Complaints, attached at Appendix 6 to the report be supported in principle, but that extensive re-drafting takes place to make the document more user friendly, including:

- Changing the heading of Section 4 from "Will your complaint be investigated?" to "How will my complaint be handled?";
- If necessary, amending Paragraph 7.1.2 - "Hearing" - to reflect the Committee's wish that involvement of the Independent Person should be in the public part of the meeting;
- Paragraph 9.1 - "What happens at the end of the hearing?" - to include the need for any decisions of the Standards Sub-Committee to include the reasons for those decisions;
- Sections 10 ("Who are the Standards Sub-Committee?") and 11 ("Who is the Independent Person?") be moved forward to appear earlier in the document, and the definition of why a person cannot be independent, as contained in Paragraph 11.2, being simplified;
- The addition of the word "vexatious" in the list of reasons for complaints which would not normally be referred for investigation contained in the "Standards Complaints Assessment Criteria";

(3)(b) the Monitoring Officer be delegated the following:

- Appointed as the Proper Officer to receive complaints of failure to comply with the Code of Conduct;
- the initial decision on whether a complaint requires investigation, subject to consultation with the Independent Person;
- To arrange a formal investigation as appropriate;
- Power to seek to resolve a complaint informally prior to a decision on whether the complaint merits formal investigation;
- The decision to take no further action where a formal investigation finds no evidence of a failure to comply with the Code of Conduct, subject to the Monitoring Officer providing a copy of the Report and its findings to the complainant and the Member and the Independent Person, and reporting the findings to the Standards Committee for information. In the event that the Monitoring Officer decides to take no further action that the matter then be closed;
- Power to seek an informal resolution following a formal investigation finding of a breach of the Code, subject to consultation with the Independent Person, a summary report for information to the Standards Committee and where the complainant is satisfied with the outcome;
- Where informal resolution is inappropriate or not possible following a formal investigation finding of a breach of the Code, power to report the investigation findings to a Sub-Committee of the Standards Committee for local hearing;
- Power to refer any matter (including complaints) otherwise delegated to the Monitoring Officer to the Standards Committee where he/she feels it appropriate to do so;

(3)(c) the Monitoring Officer be required to:

- make regular reports to the Standards Committee regarding the number and nature of complaints received and draw to the Committee's attention areas where training or other action might avoid further complaints, and keep the Committee advised on progress on any investigations and related costs;
- provide copies of all investigation reports to the Independent Person;
- provide a summary report of every investigation to the Standards Committee for information;

(4)(a) the Monitoring Officer, in consultation with the Chairman of the Standards Committee and the advice of the Corporate Human Resources Manager, be authorised to set the initial allowances and expenses for the Independent Person (IP) and any reserve IPs, and this function subsequently be delegated to the Standards Committee;

(4)(b) the Monitoring Officer be requested to advertise a vacancy of one Independent Person and one reserve IP;

(4)(c) the Monitoring Officer and Director of Finance, Policy and Governance be delegated to short list and interview candidates and, following recommendation to the Standards Committee, that Committee be delegated to confirm an appointment, if possible, but in the event that this is not possible, the Standards Committee to make a recommendation to Full Council;

(5)(a) the Monitoring Officer be required to prepare and maintain a new register of Members' interests to comply with the statutory requirements and the Council's Code of Conduct, and to ensure the same is available for inspection;

(5)(b) in conjunction with all Parish Clerks in the District, the Monitoring Officer be required to prepare and maintain new registers of Members' interests for each Parish Council to comply with the statutory requirements and any Code of Conduct adopted by each Parish Council, and to ensure the same is available for inspection;

(6) a Standing Order requiring Members with a Disclosable Pecuniary Interest (DPI) to withdraw from the meeting room when a matter to which the DPI relates is to be discussed, and not to enter the public gallery, be adopted;

(7) the power to grant dispensations be delegated to the Monitoring Officer, in consultation with the Independent Person, with the right to appeal to the Standards Committee against a decision to refuse dispensation;

(8)(a) the Monitoring Officer be instructed to write to all Parish Councils to ensure they are aware of the changes to the Standards regime as a result of the Localism Act, and the steps they are required to take, such that are known at present;

(8)(b) the Monitoring Officer be instructed to offer training to Parish Clerks and Parish Councillors on the registration requirements and the requirements of the new Standards framework more generally.

REASON FOR DECISION: To ensure the Council meets its statutory obligations and continues to improve its working practices.
 Agreed  Corporate Legal Manager
14 UPDATE ON PROGRESS AND WORK PROGRAMME
Report
Appendix 1

The Monitoring Officer presented a report in respect of an update on progress and the Committee's Work Programme. The following appendices were submitted with the report:

Appendix 1 - Work Programme;
Appendix 2 - Part 2 Update on Code of Conduct Complaint Handling.

The Monitoring Officer advised that Member training would be arranged relating to the Localism Act, and it was proposed that this would take place early in the 2012/13 Civic Year. In addition, further detailed training would need to follow in relation specifically to the Standards changes, both prior to and after implementation, depending on need and demand.

RESOLVED:

(1) That the updates contained in the report be noted, and that the Work Programme, attached at Appendix 1 to the report, be agreed;

(2) That the need for Member training on changes to the Standards Framework coming forward as part of the Localism Act be endorsed, and that such training be carried out for each Political Group on the Council, with Group Leaders being urged to encourage the attendance of all Members of their Groups at these training sessions.

REASON FOR DECISION: To ensure good governance within the Council.
 Agreed  Corporate Legal Manager
15 EXCLUSION OF PRESS AND PUBLIC

RESOLVED: That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following discussion, on the grounds that the items may involve the likely disclosure of exempt information, as defined in Paragraphs 1 and 2 of Part 1 of Schedule 12A of the said Act (as amended).
 Agreed   
PART II
16 APPENDIX 2 TO UPDATE ON PROGRESS AND WORK PROGRAMME REPORT - UPDATE ON CODE OF CONDUCT COMPLAINTS
Data/Standards Committee/201203211930/Agenda/Appendix 2 to Item 6

The Committee considered an update on code of conduct complaints.

The Monitoring Officer clarified that the complaints referred to in the report all referred to Parish Council matters.

RESOLVED: That the update on Code of Conduct complaints, as set out in Appendix 2 to the Update on Progress and Work Programme report, be noted.
 Noted