| Item | Description | Resolution |
|---|---|---|
| PART 1 - PUBLIC | ||
| MATTERS FOR RECOMMENDATION TO THE COUNCIL | ||
| ST 12/003 |
Localism Act 2011 - The New Standards Regime |
The Chief Solicitor and Monitoring Officer's report set out details of the fundamental changes to the system of regulation of standards of conduct for elected and co-opted members of the Council arising from the Localism Act 2011. The report described the changes and outlined action required for the implementation of the new regime. The Committee gave detailed consideration to the report and RECOMMENDED: That (1)(a) the Monitoring Officer write to the Clerks of all Town and Parish Councils within the Borough to invite them to indicate whether their Council would be agreeable to the establishment of a joint Standards Committee (Option 2) as set out in paragraphs 1.3.4 to 1.3.8 of the report; (1)(b) in the event that it is not possible to secure the agreement of all Town and Parish Councils to the preferred option - (i) the Standards and Training Committee be confirmed as the appropriate Committee to discharge the responsibilities of the Borough Council for ethical standards under the Localism Act 2011. The Committee to comprise 13 elected members of the Borough Council whose appointment shall be governed by political proportionality; and (ii) the Town and Parish Councils be invited to nominate a maximum of 3 representatives to be co-opted as non-voting members of the Standards and Training Committee. The 3 representatives shall be drawn on a rotational basis from the pool of nominated representatives for each meeting of the Committee; (2)(a) the Monitoring Officer prepare and present to the next meeting of the Standards and Training Committee a draft Code of Conduct. That draft Code should - (i) equate to Paragraphs 3 to 7 of the current Code of Conduct applied to member conduct in the capacity of an elected or co-opted member of the Council or its Committees and Sub-Committees; and (ii) require registration and disclosure of interests which would today constitute personal and/or prejudicial interests, but only require withdrawal as required by the Act in relation to Disclosable Pecuniary Interests (DPIs); (2)(b) when the Disclosable Pecuniary Interests Regulations are published, the Monitoring Officer, after consultation with the Chairman and Vice-Chairmen of the [joint] Standards and Training Committee, add to that draft Code provisions which he considers to be appropriate for the registration and disclosure of interests other than DPIs; (3) the Monitoring Officer prepare and submit to Council for approval "arrangements" as follows: (a) the Monitoring Officer be appointed as the Proper Officer to receive complaints of failure to comply with the Code of Conduct; (b) the Monitoring Officer be given delegated power, after consultation with the Independent Person and the Chairman and Vice-Chairmen of the [joint] Standards and Training Committee, to determine whether a complaint merits formal investigation and to arrange such investigation. (c) the Monitoring Officer, in consultation with the Independent Person and Chairman and Vice-Chairmen of the [joint] Standards and Training Committee, be instructed to seek resolution of complaints without formal investigation wherever practicable, and he be given discretion to refer decisions on investigation to the [joint] Standards and Training Committee where he feels that it is inappropriate for him to take the decision; (d) the Monitoring Officer be instructed to report quarterly to the [joint] Standards and Training Committee on the discharge of his functions set out in (b) and (c) above; (e) where the investigation finds no evidence of failure to comply with the Code of Conduct, the Monitoring Officer, in consultation with the Independent Person, Chairman and Vice-Chairmen of the [joint] Standards and Training Committee, be instructed to close the matter, supplying a copy of the report and findings of the investigation to the complainant and to the member concerned and reporting the findings to the [joint] Standards and Training Committee for information; (f) where the investigation finds prima facie evidence of a failure to comply with the Code of Conduct, the Monitoring Officer in consultation with the Independent Person and Chairman and Vice-Chairmen of the [joint] Standards and Training Committee be authorised to seek resolution to the satisfaction of the complainant in appropriate cases, with a summary report for information to the [joint] Standards and Training Committee. Where such resolution is not appropriate or not possible, he is to report the investigation findings to a Hearings Panel of the [joint] Standards and Training Committee for hearing; (g) a Hearings Panel be established (constituted as a Sub-Committee of the [joint] Standards and Training Committee). The Panel shall comprise 5 Borough Council members of the Standards and Training Committee, to be drawn from amongst the members of the Committee on a pool basis. Where the complaint relates to a Town or Parish Councillors, the Panel shall also include at least one of the Town or Parish Councillors, to be drawn from the 3 [co-opted] Town/Parish members on the [joint] Standards and Training Committee (provided that the Town/ Parish representatives shall not be from the same Town or Parish Council as the member to whom the complaint relates; (h) the Council delegate to Hearings Panels such of its powers as can be delegated to take decisions in respect of a member who is found on hearing to have failed to comply with the Code of Conduct, such actions to include - (i) reporting its findings to the Council [or to the Parish/Town Council] for information; (ii) recommending to the member's Group Leader (or in the case of un-grouped members, recommending to Council) that he/she be removed from any or all Committees or Sub-Committees of the Council; (iii) recommending to the Council Leader that he/ she be removed as Chairman or Vice-Chairman of any Committees of the Council; (iv) formally censuring the member; (v) publishing a decision that the member has breached the code of conduct; (vi) recommending to the Leader of the Council that the member be removed from the Cabinet or removed from particular Portfolio responsibilities; (vii) instructing the Monitoring Officer to [or recommending that the Parish/Town Council] arrange training for the member; (viii) removing [or recommending to the Parish/Town Council that the member be removed] from all outside appointments to which he/she has been appointed or nominated by the authority [or by the Parish Council]; (ix) withdrawing [or recommending to the Parish/Town Council that it withdraws] facilities provided to the member by the Council, such as a computer, website and/or email and Internet access; (x) excluding [or recommending that the Parish/Town Council exclude] the member from the Council's offices [or Parish/Town Council offices] or other premises, with the exception of meeting rooms as necessary for attending Council, Committee and Sub-Committee meetings. (4) a meeting be arranged between the Chairman and Vice-Chairmen of the Standards Committee, the Group Leaders for the Borough Council, the Independent Members and representatives of Parish/Town Councils to discuss how the new system can best operate; (5)(a) the Monitoring Officer, in consultation with the Chairman of Standards and Training Committee, and with the advice of the Personnel & Customer Services Manager, be authorised to set the initial allowances and expenses for the Independent Person(s), and this function subsequently be delegated to the [joint] Standards and Training Committee; (5)(b) the Monitoring Officer advertise a vacancy of the appointment of two Independent Persons; (5)(c) a Committee comprising the Chairman and Vice-Chairmen of [joint] Standards and Training Committee together with the Group Leaders be set up to short-list and interview candidates and to make a recommendation to Council for appointment; (5)(d) the existing Independent Members, David Ashton and John Gledhill, be invited to serve as co-opted Members of the [joint] Standards and Training Committee; (5)(e) the Monitoring Officer write to the Secretary of State for Communities and Local Government to urge that the government reconsider the prohibition within the Localism Act 2011 on existing Independent Members being appointed as ‘Independent Persons' for the purposes of the Act; (6)(a) the Monitoring Officer prepare and maintain a new register of members' interests to comply with the requirements of the Act and of the Council's Code of Conduct, once adopted, and ensure that it is available for inspection as required by the Act; (6)(b) the Monitoring Officer arrange training to inform all members of their duty to register interests; (6)(c) the Monitoring Officer prepare and maintain new registers of members' interests for each Parish/Town Council to comply with the Act and any Code of Conduct adopted by each Parish/Town Council and ensure that it is available for inspection as required by the Act; and (6)(d) the Monitoring Officer arrange to inform and train Parish/Town Clerks on the new registration arrangements; (7) the Monitoring Officer recommend to the Council a Procedure Rule which equates to the current Code of Conduct requirement that a member must withdraw from the meeting room, including from the public gallery, during the whole consideration of any item of business in which he/she has a DPI, except where he is permitted to remain as a result of the grant of a dispensation and be allowed to speak and vote; (8) the Council delegate the power to grant dispensations: (a) on Grounds set out in Paragraphs 7.1.3 (i) and (iv) of the report to the Monitoring Officer in consultation with the Independent Person and Chairman and Vice-Chairmen of the [joint] Standards and Training Committee, with an appeal to [joint] Standards and Training Committee; and (b) on Grounds 7.1.3 (ii), (iii) and (v) to the [joint] Standards and Training Committee, after consultation with the Independent Person. In cases of urgency the power to grant dispensations on grounds (ii), (iii) and (v) shall be delegated to the Monitoring Officer in consultation with the Independent Person and Chairman and Vice-Chairmen of the [joint] Standards and Training Committee. *Referred to Council |