Agenda and minutes

The Director of Legal and Governance Services presented a report, detailing the proposals for new working arrangements and sub-committees which were required in relation to the new system for handling complaints against Members and issues that required addressing by the Council, in accordance with the requirements resulting from the Local Government and Public Health Involvement in Health Act 2007.  The Committee was advised of final drafting amendments to be incorporated within the procedures.

It was noted that the Regulations and new procedures came into effect on 8 May 2008 and that the Council was required to undertake a variety of procedures to comply with the requirements of the legislation, including publicising of the new arrangements, preparation of guidance and complaint form, together with ensuring appropriate training arrangements were arranged for members of Standards Committee.  The Director then briefly outlined the operating arrangements for the new processes.

Resolved to RECOMMEND:  (to Council)

That the revised Terms of Reference of the following committees be approved and adopted into the Constitution, as detailed in Appendix 1.

-                      Standards Committee

-                      Assessment Sub-Committee

-                      Review Sub-Committee

-                      Hearing Sub-Committee

(2)  the membership of the Assessment and Review Sub-Committees be three persons, comprising one independent member, who shall Chair the meeting, and two elected Members reflecting political proportionality where possible;

(3)  the membership of the Hearing Sub-Committee remain as five persons (whenever possible) comprising three independent members, one of whom shall Chair the meeting.   This Sub-Committee should be politically balanced whenever possible.  This Sub-Committee shall be quorate when one independent and one elected member from each political party on the Standards Committee are present;

(4)  the members of the Standards Committee shall form a pool from which membership of all Sub-Committees shall be drawn;

(5)  the Monitoring Officer should prepare a pre-assessment report in relation to any complaint for consideration by the Assessment Sub-Committee.

(6)  approved as drafted the criteria as set out at Appendix D for the preparation of the Pre?assessment Report, Assessing Complaints, and Referrals to the Standards Board for England;

(7)  the member complained about should be informed of the complaint as soon as possible after the meeting of the Assessment Sub-Committee.

(8)  that the process be reviewed by Standards Committee in March 2009.

(See also Minute 90).

The Committee received a reference from the Strategic Planning Committee held on 26 January 2008 which proposed changes to the Protocol for Members and Reserve Member when dealing with Planning Applications and Lobbying.  In considering the changes proposed by the Strategic Planning Committee Members discussed the advice contained within the “Connecting Councillors with Strategic Planning Applications” guidance and its proposal that Ward Members should be included in the proposals for Members to have early opportunity for engagement on strategic applications, expressing opinions both in favour and against such a process.  The importance of Ward Members being able to be involved in early engagement was stressed and it was agreed that Strategic Planning Committee should give further thought to how it would seek to engage Ward Councillors successfully on strategic applications.

Resolved to RECOMMEND:  (to Council)

(1)  That the additional paragraphs proposed for Early Engagement on Strategic Planning Applications be included within the Protocol as follows:

(See Minute 91).

Further to the re-establishment of this Committee at Annual Council on 8 May 2008, the Committee is asked to appoint a Chairman for the Municipal Year 2008/09.

RESOLVED:  To appoint the Right Reverend Peter Broadbent as Chairman of the Standards Committee for the 2008/2009 Municipal Year.

Further to the re-establishment of this Committee at Annual Council on 8 May 2008, the Committee is asked to appoint a Vice-Chairman for the Municipal Year 2008/09.

RESOLVED:  To appoint Dr J Kirkland as Vice-Chairman of the Standards Committee for the 2008/2009 Municipal Year.

To note the attendance at this meeting of any duly appointed Reserve Members.

Reserve Members may attend meetings:-

(i)                 to take the place of an ordinary Member for whom they are a reserve;

(ii)               where the ordinary Member will be absent for the whole of the meeting; and

(iii)             the meeting notes at the start of the meeting at the item ‘Reserves’ that the Reserve Member is or will be attending as a reserve;

(iv)              if a Reserve Member whose intention to attend has been noted arrives after the commencement of the meeting, then that Reserve Member can only act as a Member from the start of the next item of business on the agenda after his/her arrival.

RESOLVED:  To note the attendance at this meeting of the following duly appointed Reserve Member:-

To receive declarations of personal or prejudicial interests, arising from business to be transacted at this meeting, from:

(a)               all Members of the Committee, Sub Committee, Panel or Forum;

(b)               all other Members present in any part of the room or chamber.

RESOLVED:  To note that there were no declarations of interests made by Members in relation to the business transacted at this meeting.

To consider whether any of the items listed on the agenda should be considered with the press and public excluded on the grounds that it is thought likely, in view of the nature of the business to be transacted, that there would be disclosure of confidential information in breach of an obligation of confidence or of exempt information as defined in Part 1 of Schedule 12A to the Local Government Act 1972.

RESOLVED:  That all items be considered with the press and public present.

That the minutes of the meeting held on 17 December 2008 be taken as read and signed as a correct record.

RESOLVED:  That the minutes of the meeting held on 17 December 2007, be taken as read and signed as a correct record.

To receive questions (if any) from local residents or organisations under the provisions of Committee Procedure Rule 19 (Part 4B of the Constitution).

RESOLVED:  To note that no public questions were put, or petitions or deputations received at this meeting under the provisions of Rules 19, 16 and 17 (Part 4B of the Constitution) respectively.

RESOLVED:  That the Member Development Panel of the Standards Committee be established for the next Municipal Year 2008/09 with the following membership:

(See Recommendation I).

RESOLVED:  That (1) in considering its operation of “Early Engagement on Strategic Planning Applications”, Standards Committee would wish to ensure that Ward Councillors are afforded the opportunity to be fully informed in order to represent their constituents.  The Standards Committee requests Strategic Planning Committee give further consideration as to how it will seek and implement a process for early engagement in respect of Ward Councillors, as suggested within the “Connecting Councillors with Strategic Planning Applications” guidance;

(2)  the Standards Committee does not consider that the processes the Council chooses to introduce to aid the smooth running of its Committee processes are a matter that falls within its purview, and does not believe that such matters should form part of the Planning Protocol.  The Committee strongly suggests that the Strategic Planning Committee should give further consideration to the additional proposed “Reasons for Refusal Against Officer Advice” prior to the consideration of any such proposals by Council.

(See also Recommendation II).

To be held at 7.30 pm on Tuesday 9 September 2008.

RESOLVED: To note that the next meeting will be held on Tuesday 9 September 2008.