Location: Shimkent Room, Daneshill House
Present: Members: Mr D. Morgan (Independent Chair), Mr S. Gillies (Independent member), Councillors, Mrs J.E. Lloyd, K. Vale, G. Clark (substituting for M. Notley).
Others:
Duration:
Start - 6.00 pm
End - 8.15 pm
Status: Noted
Business: Apologies were received from Councillor M. Notley. There were no declarations of interest.
Decision:
Status: Agreed
Business:
Decision: It was RESOLVED that the Minutes of the meeting of the Committee held on 17th March, 2003 be confirmed and signed by the Chair as a correct record.
Status: Agreed
Business:
Decision: It was RESOLVED that the Minutes of the meeting of the Committee held on 21st May, 2003 be confirmed and signed by the Chair as a correct record.
Status: Noted
Business: The Committee's Terms of Reference were noted.
Decision:
Status: Agreed
Business: The Borough Solicitor circulated a report considering various aspects of the Council's Ethical Governance Audit and some proposed changes to the Constitution.
The report was divided into 4 sections:
i) General Comments
ii)Issues that relate directly to ethics and probity (including a revised draft Handbook on Members' Conduct and a draft protocol on Member/Officer conduct)
iii)Delegations to Officers
iv) Responses to comments on the Articles and Standing Orders
ETHICAL STANDARDS ISSUES
The Committee felt that the draft Handbook on Members' Conduct required further examination. It was suggested that a much shorter, user friendly summary of the Conduct should be available for Members with the background documents, as an appendix, possibly as information that could be slotted in to Members' filofaxes.
The Borough Solicitor advised that there were many examples of this type of guidance produced by the Standards Board for England. He also agreed there was a need for further Member training in this area. It was agreed that a meeting be held between the Borough Solicitor, Chair and Stewart Gillies to look at the suggestions made by the Committee and bring a revised version back to the next meeting.
DELEGATIONS TO OFFICERS
The Committee were satisfied with the proposed changes to apects of the officer delegation scheme.
COUNCIL'S STANDING ORDERS
The Borough Solicitor reported that the changes to the Council's Standing Orders had been made following consultation with the Assistant Chief Executive and the Constitutional Services Manager. He advised that a full report would be submitted to a future meeting of this Committee on the whole area of Access to Information and the complications brought on by the overlap in 1972, 1985 and 2000 Local Government Acts.
Decision: It was RESOLVED that the comments made by the Committee be included in the response to the Ethical Governance Audit.
Status: Agreed
Business: The Borough Solicitor reported the figures for Ombudsman complaints for the year ending 31st March 2003. He advised that the book of all complaints for the year would be placed in the Members Room.
Decision: It was RESOLVED that the report be noted.
Status: Agreed
Business: The Borough Solicitor reported that we were still awaiting the Section 66 Guidance which should be available shortly. This would be circulated to Members as soon as it was received.
The Committee suggested that a training session including a mock hearing be held to enable Members to have an idea of the procedure. The Borough Solicitor agreed to arrange the session.
Decision: It was RESOLVED:-
(i) that the report be noted and that the Monitoring Officer report further on a procedure for determining referred complaints once the Standards Board's Guidance has been received;
(ii) that any hearings of a determination under the Section 66 Regulations will be chaired by an Independent member.
Status: Noted
Business: The Committee viewed a video entitled 'The Code in Practice'.
It was agreed that the video should be used for any further Member training on this subject.
Decision:
Status: Noted
Business: CONSULTATION PAPER - PROVIDING INDEMNITIES TO RELEVANT AUTHORITY OFFICERS AND MEMBERS
The Chair determined that the Paper be accepted as urgent as a response to the Consultation Paper was required prior to the next meeting of the Standards Committee.
The Borough Solicitor drew Members' attention to the section of the consultation paper relating to Code of Conduct Investigations. The Government has asked for views on the question of authorities indemnifying members, or officers, against any of the costs they might incur in answering allegations that they have breached codes of conduct.
Broadly Members felt that legal representation should be allowed but this should be limited to reasonable costs. It was agreed that any further comments Members wished to make should be sent to the Borough Solicitor prior to the deadline date of 6th October 2003.
Decision:
Status: Noted
Business: None.
Decision:
Status: Noted
Business:
Decision: None.