Meeting of Standards Committee on Monday, 5 July 2004, 6.00pm

Meeting documents

Standards Committee
Monday, 5 July 2004 6.00pm

MINUTES - Standards Committee 20040705 18:00

MINUTES - Standards Committee 20040705 18:00

Location: Shimkent Room, Daneshill House

Present: Members: Mr. D. Morgan (Independent Chair), Mr. S. Gillies (Independent Member), Councillors Mrs. J.E. Lloyd, M. Notley and K. Vale.

Others:

Duration:
Start Time: 6.00p.m.
End Time: 6.45p.m.

APOLOGIES FOR ABSENCE AND DECLARATIONS OF INTEREST

Status: Noted

Business: There were no apologies for absence and no declarations of interest.

Decision:

TERMS OF REFERENCE

Status: Noted

Business: The Committee's terms of reference were noted.

Decision:

MINUTES - Tuesday, 20th January, 2004

Status: Agreed

Business:

Decision: It was RESOLVED that the Minutes of the Meeting of the Committee, held on Tuesday, 20th January 2004, be confirmed and signed by the Chair as a correct record.

REGISTER OF MEMBERS' INTERESTS

Status: Noted

Business: The Borough Solicitor advised the Committee that following the recent Council elections in June, all Members of the Council were asked to complete or re-affirm the Register of Interests which is a statutory requirement.

The Borough Solicitor advised that so far 22 returns had been received. It was noted that the Independent Members would review the Register later in the year.

Decision:

LOCAL INVESTIGATION OF ALLEGATIONS OF MISCONDUCT

Status: Agreed

Business: The Borough Solicitor advised the Committee on the process of statutory arrangements for the Monitoring Officer to investigate allegations of misconduct - 'Section 66 Regulations'.

The Section 66 Regulations are being made in two parts. The first part has been introduced and enables the Committee to receive reports from Ethical Standards Officers (ESO's) appointed by the Standards Board and determine how they should be dealt with. The Regulations do not, however, permit the Committee or the Council to carry out investigations. A second set of draft regulations has been issued which require the Monitoring Officer to undertake investigations and report to the Standards Committee but this is only permitted on referral and instruction from the Standards Board. It will still not be possible for complaints to be received and dealt with entirely locally.

Draft guidance has also been issued on local investigation. The Standards Board proposes the following as the criteria by which ESO's would decide whether a particular matter should be sent to the Monitoring Officer for local investigations.

* The matter does not appear to need the heavier penalties only available to the Adjudication Panel for England.

* The matter is an isolated occurance and is unlikely to be repeated.

* The Member has made a prompt, adequate and unreserved apology and whether adequate remedial action has been taken.

* There is evidence that a local investigation would be perceived as unfair or biased.

* The allegation is of an entirely local nature and does not raise matters of principle.

* There are relevant local political issues that may have a bearing on a local investigation.

Both the regulations and guidance are expectd to be made final before the end of 2004.

Decision: It was RESOLVED that the Borough Solicitor reports back to this Committee on the final form of the Section 66 Order and Standards Board Guidance together with a draft procedure for investigating complaints.

GUIDANCE ON CODE OF CONDUCT

Status: Agreed

Business: The draft guidance to Members on the Code of Conduct and Ethical Standards was circulated to Members.

The new Guidance was not intended to be a comprehensive guide either to the Code of Conduct or the Ethical Governance regime, but as an aide memoir for Members.

The documents had taken into account the comments of the Committee and introduced what is intended to be a more comprehensive note on Declaration of Interests at meetings. It was agreed that the Guidance should be produced in the form of an insert for a filofax only.

The Borough Solicitor also advsied that he would be conducting a refresher seminar for Members on the Code of Conduct in October.

Decision: It was RESOLVED:-

1. That subject to the type font being made larger the formats and content for guidance to Members on the Code of Conduct be approved.

2. That the Guidance is now circulated to all Members as a filofax insert.

URGENT PART I BUSINESS

Status: Noted

Business: None.

Decision:

DECISIONS AND SENDING UP

Status: Noted

Business: None.

Decision: