Meeting documents

Standards Committee
Monday, 3rd November, 2008 7.30 pm

Date:
Monday, 3rd November, 2008
Time:
7.30pm
Place:
Front Committee Room, Town Hall, Reigate
 

Attendance Details

Present:
Councillors Mrs. J.S. Bray; S.A. Kulka and R.F.C. Wagner.

Mrs. J.A. Cook - Salfords and Sidlow Parish Council
Mr. R. Bethell - Horley Town Council

Mr. J. Broadbent (Chairman) - Independent Member
Also Present:
Councillor M.J. Selby.
Min NoDescriptionResolution
Part I
19 MINUTES
RESOLVED that the Minutes of the meeting held on 22nd September 2008 be approved as a correct record and signed.
20 APOLOGIES FOR ABSENCE AND SUBSTITUTIONS
Committee Members:

Councillor Mrs. F.D.M. Dixon and Mrs. J. Paul (Independent Member)

Non-Committee Member:

Fiona Stimpson (future Horley Town Council representative)

21 DECLARATIONS OF INTEREST
Councillor R.F.C. Wagner
Minute 25 in so far as it related to Applicant 4
Personal Interest
Applicant known to Member

Mrs. J.A. Cook
Minute 25 so far as it related to Applicant 4.
Personal Interest
Applicant known to Member
22 CODES OF CONDUCT FOR LOCAL AUTHORITY MEMBERS AND EMPLOYEES: CONSULTATION

To receive reports by the Head of Legal and Property (and Monitoring Officer) on a consultation document issued by the Department of Communities and Local Government seeking views on proposals for:

RESOLVED that the proposed changes to the Members Code of Conduct be noted and the Monitoring Officer be authorised to make representations to the Department of Communities and Local Government as set out in the report and detailed above.

RESOLVED that:

(i) the proposals for an Officer Code of Conduct be noted; and
(ii) a further report be brought to the Committee on the Code to be adopted, following consideration by the Local Joint Forum and the Executive, for recommendation to full Council.

23 CODE OF CORPORATE GOVERNANCE

To consider the Code of Corporate Governance at the request of the Executive specifically to review the revisions to the Code and the related action plan.

RESOLVED that the annual review of compliance with the Code of Corporate Governance and associated Action Plan be noted.
24 ANY OTHER URGENT BUSINESS
None.
25 EXEMPT BUSINESS
RESOLVED that members of the Press and public be excluded from the meeting for the following item of business under Section 100A(4) of the Local Government Act 1972 on the grounds that:

(i) it involved the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act; and

(ii) the public interest in maintaining the exemption outweighed the public interest in disclosing the information.
Part II(Confidential)
26 APPOINTMENT OF INDEPENDENT MEMBERS TO SERVE ON THE STANDARDS COMMITTEE
RESOLVED that applicants 1, 2, 4, 6, 8 and 9 be shortlisted for interview.
The meeting closed at 8.55 p.m.

Minute

Min NoMinute
22The Committee received two reports by the Head of Legal and Property Services (and Monitoring Officer) on a consultation document issued by the Department of Communities and Local Government seeking views on:

• revising the Model Code of Conduct and clarifying the established "general principles"; and
• the introduction of a Model Code of Conduct for Local Government employees.

(a) Revisions to the Model Code of Conduct and Clarification of "General Principles"

The report set out relevant statutory powers, background information and, in relation to revisions to the Code, issues to consider, namely a proposal relating to Councillors acting in their non-official capacity, membership of other bodies and personal and prejudicial interests.

The report concluded that the proposals would have the effect that the only conduct in a Councillor's non-official capacity covered by the Code would be conduct that constitute a criminal offence.

The Code could only be applied in these circumstances when evidenced by the criminal conviction of a Councillor in the courts.

The Monitoring Officer supported the proposed amendments to the Code to bring these provisions into effect. The other drafting amendments to the Code were intended to clarify various existing provisions. They reflected the way in which the Council already had and would interpret the Code and it was recommended that no objections be raised to the amendments proposed.

The report was discussed during which it was suggested that the Code should stipulate that Members "must not" engage in conduct that would constitute a criminal offence rather than "should not"; it would be helpful to have guidance on the frequency of gifts and hospitality and the related limit triggering disclosure should be increased to £50.

(b) Introduction of an Officer Code of Conduct

This report dealt with a proposal to introduce a requirement for local authorities to incorporate a Code of Conduct for employees, based on a statutory model, in terms and conditions of employment.

The report set out relevant statutory provisions, issues for the Committee to consider (background and information on the proposed Code for employees).

The imposition of the proposed model Code as a minimum statutory requirement was considered acceptable. However, the Council might wish to supplement this by retaining or amending existing requirements contained in its existing controls to provide an effective ethical framework for its staff.

It appeared that the Government intended to bring the Code into effect in May 2009. Therefore a further report would be brought to both the Standards and Employment Committees at that time.
23The Committee received a report on the Annual review of compliance with the Code of Corporate Governance and the associated Action Plan.

The report set out relevant statutory powers, information on good governance in local government and the annual review, and legal and financial implications.

The report had appended to it a report on the matter submitted to the Executive in September 2008.
26The Committee (a) considered the applications received in respect of the appointment of Independent Members to serve on the Standards Committee and (b) agreed a shortlist of candidates for interview at a special meeting of the Committee on Monday, 10th November 2008 (9.30 a.m.). The Committee also agreed the general timetable and arrangements for the meeting on 10th November 2008.

Confidential application forms and related papers had been circulated separately to members of the Committee only.