| Item | Description | Resolution |
|---|---|---|
| PART 1 - PUBLIC | ||
| MATTERS FOR RECOMMENDATION TO THE COUNCIL | ||
| ST 13/004 |
Creation of a Joint Standards Committee |
The report of the Director of Central Services and Monitoring Officer set out details of the proposed Terms of Reference for the Joint Standards Committee. The report identified a small number of differences between the existing terms of reference for the Standards and Training Committee and the proposed Joint Committee, set out the composition of the Hearing Panels and highlighted the functions of the 'Independent Persons' appointed under The Localism Act. Particular reference was made to the assistance given by Mr Harry Rayner of the Kent Association of Local Councils in co-ordinating the agreement of the parish councils to the creation of a Joint Standards Committee. RECOMMENDED: That (1) a Joint Standards Committee be established with all Town and Parish Councils within the Borough; (2) the Joint Standards Committee shall comprise 13 Borough Councillors plus 6 Parish representatives (to be appointed on a rotational basis drawn from a pool of Parish/Town representatives). The Parish/Town representatives shall be nominated by the Parish Partnership Panel on an annual basis; (3) the Chairman and Vice-Chairman of the Joint Standards Committee shall be appointed by the Borough Council on an annual basis; (4) Mr David Ashton and Mr John Gledhill be co-opted as non voting members of the Joint Standards Committee for a period coincident with their term as independent persons; (5) Hearing Panels of the Joint Standards Committee be established as follows:- (a) Where there is a complaint against a Borough Councillor, the Panel shall be comprised of 5 Borough Councillors plus 1 Parish/Town Member. (b) Where there is a complaint against a Town/Parish Councillor, the Panel shall be comprised of 3 Borough Councillors plus 3 Parish/Town Members. An Independent Person must also be present at each Hearing Panel in order that the Panel is able to consult with them (and take their views into account) before it makes a finding as to whether a member has failed to comply with the Code of Conduct or decides on action to be taken in respect of that member. Where practicable, members of the Hearing Panel shall be drawn from a different planning area of the Borough than the member against whom the complaint has been made; (6) the terms of reference as set out at Annex 2 be approved; (7) authority be delegated to the Chairman of the Joint Standards Committee, in liaison with the Leader and the Personnel and Development Manager, to oversee arrangements for the training of Borough Council Members and co-opted Members; (8) an annual report be submitted to the General Purposes Committee on the training programme for Borough Council Members; and (9) the following be incorporated within the terms of reference for the General Purposes Committee:- (a) To advise the Borough Council on the adoption of or revisions to its Code of Conduct. (b) To monitor and assess the operation and effectiveness of the Code of Conduct. (c) To advise on local ethical governance protocols and procedures. (d) To grant dispensations pursuant to section 33(2) of the Localism Act 2011 and paragraph 8 of the adopted code of conduct where: (i) without the dispensation, the representation of different political groups on the body transacting the business would be so upset as to alter the outcome of any vote on the matter; (ii) the Committee considers that the dispensation is in the interests of persons living in its area; or (iii) the Committee considers that it is otherwise appropriate to grant a dispensation. *Referred to Council |