Meeting documents

Standards Committee
Monday, 8th September, 2003 7.30 pm

Date:
Monday, 8th September, 2003
Time:
19.30 p.m.
Place:
Front Committee Room, Town Hall, Reigate
 

Attendance Details

Present:
Mr. J. Broadbent (Chairman) - Independent Member;

Mrs. J. Paul (Vice-Chairman) - Independent Member;

Councillors S.A.Kulka, J.H.Prevett, E.R
ussell and Mrs.R.S.Turner;

Dr. A.P. Kent - Horley Town Council; and

Mrs. J.A. Cook - Salfords and Sidlow Parish Council
Also Present:
-

Substitutes:
None
Min NoDescriptionResolution
Part I
13 MINUTES
 RESOLVED that the Minutes of the meeting held on 30th June, 2003 be approved as a correct record and signed.
14 APOLOGIES FOR ABSENCE AND SUBSTITUTIONS
 None.
15 DECLARATIONS OF INTEREST
 None.
16 LOCAL AUTHORITIES (CODE OF CONDUCT) (LOCAL DETERMINATION) REGULATIONS 2003
Minute for Minute Number 16
RESOLVED that:

(i) the draft protocol, as amended at the meeting, be approved for consultation; and

(ii) the outcome of the consultation be reported to the next meeting of the Committee with a view to the Executive and then Council in December 2003 being recommended to adopt a protocol for incorporation in the Constitution.
17 PROTOCOL ON MEMBER/OFFICER RELATIONS
Minute for Minute Number 17
RESOLVED that:
(i) the Model procedures for the conduct of hearings, as amended at the meeting, be adopted;

(ii) the Monitoring Officer be requested to arrange appropriate training for Members of the Committee in the conduct of hearings; and

(iii) the likely future changes to procedures including the appointment of a sub committee for the purpose of conducting local hearings (with substitutes) be noted.
18 COMPLAINTS TO THE STANDARDS BOARD FOR ENGLAND
Minute for Minute Number 18
RESOLVED that:

(i) the Standards Board advice on notification of cases being investigated by an Ethical Standards Officer be noted; and

(ii) in relation to the case summary, the issues raised be incorporated into future Member training.
19 FUTURE MEETINGS
 RESOLVED that the next meeting of the Committee be held on Monday, 27th October, 2003 at 7.30 p.m.
20 ANY OTHER URGENT BUSINESS
 None.
The meeting closed at 8.45 p.m.

Minute

Min NoMinute
16Further to the last meeting of the Committee (Minute 9) a report was submitted with a draft protocol on Member/Officer relations for incorporation into the Council's Constitution. The report set out background information, the proposed consultation on the draft protocol, factors for consideration, intentions with regard to a communications protocol and relative conclusions. The draft protocol was discussed during which Members agreed a number of minor amendments.

17Further to the last meeting of the Committee (Minute 10) a report was submitted on the above Regulations and, in particular, guidance issued by the Standards Board for England. The principles outlined in the previous report were substantially unchanged and the report now before Members identified key considerations on the conduct of hearings.

The report set out information on the conduct of meetings and had appended to it a model procedure recommended by the Standards Board. The report also dealt with training requirements for Members of the Committee, resource implications and other likely changes for future consideration (establishment of a sub-committee and costs incurred by Members who were the subject of allegations). It was hoped that the local determination of complaints/investigations would result in a quicker turnaround of individual cases.

In relation to costs incurred by Members, this issue was being progressed as part of a consultation paper from the Office of the Deputy Prime Minister (ODPM). The paper incorporated a draft Order that would allow local authorities the discretion to indemnify its Members and Officers. Subject to certain exceptions, it was being proposed that indemnities could cover investigations into alleged breaches of the Members' Code of Conduct and this matter was discussed. The Monitoring Officer was to respond to the ODPM on the Consultation Paper and, in this connection, sought the views of the Committee on the indemnity/code of conduct investigation issue.

Members supported the principle of indemnity but agreed with the Monitoring Officer that there was a possibility that it could lead to an over reliance/use of legal representation and perhaps encourage vexatious/malicious complaints. It was suggested that any indemnity should exclude legal representation on conduct investigations unless this was approved as an exception by the Committee. Exceptions could be approved as part of pre-hearing arrangements.

Concerning investigations, the Committee accepted that the Monitoring Officer could be faced with conflicts of interest and these might therefore need to be delegated. The Committee supported adoption of the Model Hearing procedures on the basis that they could always be amended at a later date in the light of experience. Notwithstanding this approach, the Committee considered that one minor amendment should be made at this stage, namely to make it clear that compliance with the timescale for the issue of written decisions might not always be possible.
18The Committee considered a report on (a) Standards Board guidance on notification of cases and (b) a case summary (that had been published by the SBE) so Members could consider any corporate implications. The report set out background information, the Standards Board advice and had appended to it the published case summary. The summary report had highlighted an area that needed to be covered in future training.

In relation to future training, a Member asked that this should cover the role and responsibilities of "dual hatted" Members. The Committee discussed whether training should be obligatory and decided, for the time being, to hold this matter in abeyance, pending formulation of an agreed training programme.