Agenda item

The Localism Act 2011 makes changes to the arrangements for the adoption of a Member Code of Conduct and for the consideration and investigation of Councillor conduct complaints by the Council.

This report proposes a revised Code of Conduct and sets out a new process that will be quicker, more efficient and better value for money.

Discussion:

This report set out the proposed arrangements for the adoption of a Member Code of Conduct and for the consideration and investigation of Councillor conduct complaints by the Council under the Localism Act 2011, and in place of the previous Standards regime.

The report provided details of the Councillor Conduct Committee which would replace the previous Standards Committee, the draft Code of Conduct, the appointment of an Independent Person (and a reserve) in respect of the review process, together with consequential changes necessary for the Council’s Constitution.

Councillor O’Brien, Portfolio Holder for Community Safety and Customer Contact, supported by Councillor Mason, Portfolio Holder for Corporate Services, proposed the recommendations, as set out in the report.

Councillor Maple, supported by Councillor Shaw, moved the following amendment:

Delete existing recommendation 8.1 and replace with:

“This Council recognises the precedent of previous Standards Committees in waiving political balance. This Council approves the setting up of a Councillor Conduct Committee with a membership of 8 Councillors (2 Conservative, 2 Labour, 2 Liberal Democrat, 2 Independent) to deal with policy, complaints against Councillors and issues regarding the Code of Conduct for Councillors, with terms of reference set out in Appendix 4 to the report”.

Delete recommendation 8.2.

On being put to the vote, the amendment was lost.

Decision:

a)     The Council approved the setting up of Councillor Conduct Committee (to replace the current Standards Committee) with a membership of 8 Councillors (Con: 5, Lab 2:, Lib Dem: 1) to deal with policy, complaints against councillors and issues regarding the Code of Conduct for Councillors, with the terms of reference set out in Appendix 4 to the report.

b)     The Council appointed Councillors Griffiths, Adrian Gulvin, Hicks, Kemp, O’Brien, Shaw, Smith and Tolhurst to the Councillor Conduct Committee for the municipal year 2012/2013 as nominated by Group Whips.

c)      The Council approved the draft Code of Conduct for Councillors and the draft Process with effect from 26 July 2012.

d)     The Council agreed, in order for Parish Councils to resolve complaints at a local level, under section 101 of Local Government Act 1972 to delegate the discharge of functions under section 28(6) of the Localism Act 2011 as it relates to Parish Councillors to the Parish Councils of Allhallows, Cliffe and Cliffe Woods, Cooling, Cuxton, Frindsbury Extra, Halling, High Halstow, Hoo St Werburgh, St James - Isle of Grain, St Mary Hoo and Stoke.

e)     The Council authorised the Monitoring Officer to make such amendments as are necessary to other affected Codes and Protocols for future approval by the relevant Committee and Full Council as appropriate.

f)        The Council approved the appointment of Linda Veloso as the Independent Person under section 28 (7) of the Localism Act 2011 from the date of this meeting until the end of the municipal year 2015, to carry out the functions required by section 28(7).

g)     The Council agreed to delegate to the Monitoring Officer the appointment of David Radlett as an Independent Person under section 28 (7) of the Localism Act 2011 when Linda Veloso has a conflict of interest which prevents her carrying out her role, for any necessary period(s) within the period from the date of this meeting until the end of the municipal year 2015.

h)      The Council agreed to designate the Monitoring Officer as the Proper Officer for the purpose of requests for dispensations from Members or co-opted Members under section 33 of the Localism Act 2011.

i)        The Council agreed consequential changes to the Constitution as set out in Appendix 5 to the report.

Note: A majority of Members of the Council approved decisions f) and g) in accordance with section 28(7) of the Localism Act 2011.