Agenda item - LOCAL GOVERNMENT ASSOCIATION (‘LGA’) MODEL CODE OF CONDUCT

REPORT OF THE SERVICE DIRECTOR - LEGAL & COMMUNITY / MONITORING OFFICER

The report provides an update on the LGA Model Councillor Code of Conduct Appendix 1 and consideration of the option to recommend adoption to Full Council.

RECOMMENDED TO COUNCIL:

(1) That the LGA Model Code of Conduct be adopted with the following amendments:

(i) Appendix B to include the replacement Table 1, which includes the NHDC definition of DPIs and links to guidance/ statutory instrument

(ii) Replacement of the Appendix C good practice recommendations with Appendix C grounds for a Dispensation

(iii) Definition of ‘room’ to include a footnote explanation that this includes ‘virtual meeting’ room and typographical changes to use the words: ‘Registrable’ and ‘behaviours’;

(2) That the Code take effect from the day after the election poll in 2021 (7 May) or such day if the election is postponed, as the case may be;

(3) That training on the new code be compulsory for all District Councillors during the 2021- 2022 municipal year.

REASON FOR DECISIONS: To ensure good governance within the Council, which is reflective of a national governance model.

Audio recording – 9 minutes 28 seconds

The Service Director – Legal and Community/Monitoring Officer presented the report entitled Local Government Association Model Code of Conduct together with the following appendices:

· Appendix 1 – LGA model code 19 January 2021;

· Appendix 2 – suggested replacement Appendix B Table 1, which includes the NHDC definition of DPIs and links to guidance/ statutory instrument (and some typographical changes);

· Appendix 3 – suggested replacement Appendix C, which includes the NHDC Appendix C on Dispensations.

She advised that:

· This was not a perfect Code, but on balance as a package with LGA guidance and support it should be considered, but it was for this Committee to consider whether to recommend adoption to Council;

· The Model Code had received a mixed reaction across the Country, which was for a variety of reasons: from style of code/ what it covered/ elections about to take place to the fact that there were no effective sanctions – so why bother;

· Locally, however, there had been in-principle support for local councils to adopt (24 of the 27 in the District had indicated they were interested in taking this forward)

· If the Model Code was not adopted, the current NHDC Code and guidance would require review with associated resources;

The following Members asked questions and took part in the debate:

· Councillor Richard Thake;

· Councillor Ruth Brown;

· Councillor David Levett;

· Independent Person Nicholas Moss;

· Councillor Clare Billing;

· Councillor Claire Strong;

· Councillor Judi Billing;

· Parish Councillor Martin Griffin;

· Councillor Martin Stears-Handscomb;

· Reserve Independent Person John Richardson;

· Reserve Independent Person Peter Chapman.

In response to questions the Service Director Legal and Community/Monitoring Officer advised:

· That if the Model Code were adopted and it was reviewed by the LGA, a report would be brought to this Committee to consider (and whether to recommend adopting the revised version);

· Any amendments to the current version would need to be considered and adopted by Council;

· If the best practice list was included, Member could not be held accountable for anything in this list and it did not particularly add to that Code;

· It was suggested that Appendix B of the Code - Table 1 be replaced with Appendix B and Appendix C of the Code – List of Best Practices be replaced with Appendix C;

· If training is deemed as mandatory then options and methods of training would be considered – although a pragmatic and proactive approach would be undertaken by officers.

Members considered that the best practice list and new Appendix C should be included with the Model Code.