Meeting documents

Standards Committee
Thursday, 29 May 2008

Standards Committee
Thursday, 29 May 2008
7:00 pm to 8:20 pm
Record of the meeting

This record is subject to approval at the next meeting

PRESENT: 
Committee members:Councillor Coomber (Parish Councillor representative)
Michael Coulson (Independent member)
Anthony Dance (Independent member)
Janet Gray (Independent member)
Alan Povey (Independent member)
Councillor Marsh (Parish Councillor representative)
Councillor O'Brien
Councillor Mrs Shaw
Councillor Smith

71ELECTION OF CHAIRMAN FOR THE MEETING
 Discussion:
 
To enable the independent members to have sufficient time consider the appointment of an independent chair for the Standards Committee, the Committee was requested to consider the appointment of a Chair for this meeting. An item electing an Chair for the municipal year would be included on the agenda for the next meeting.
 Decision:
 
It was agreed that Mike Coulson be elected Chair for this meeting.
72RECORD OF THE MEETING
 
The record of the meeting held on 31 January 2008 and the record of the joint meeting of all committees held on 7 May 2008 were agreed and signed by the Chairman as correct.
73URGENT MATTERS BY REASON OF SPECIAL CIRCUMSTANCES
 
The Monitoring Officer advised that she had received an approach from a Parish Council requesting that the Standards Committee grant a dispensation but unfortunately the necessary forms had not yet been received. This matter would therefore be included on a future agenda for consideration.
74REVISION OF INVESTIGATION AND LOCAL DETERMINATION PROCEDURES
 Discussion:
 
The Committee was advised that in accordance with the Local Government and Public Involvement in Health Act 2007, from 8 May 2008 any complaint of misconduct by an elected member would be referred to the Standards Committee of the relevant local authority for initial assessment.
The report set out in detail the changes required to the system of handling complaints against elected members and the issues which the Authority was required to address in order to meet these new requirements.
In particular it was pointed out that the Act required the Standards Committee to establish the following sub-committees:
 Referrals Sub-Committee - to undertake the initial assessment of the complaint and decide whether the complaint showed an apparent failure to comply with the Code of Conduct for members and if so, whether that complaint merited investigation or other action. In the event that the Referrals Sub-Committee decided to take no action in respect of the allegation, the complainant would have 30 days within which to request the Authority to review the decision.
 Review Sub-Committee - to conduct the review.
 Hearings Panel - to hear cases.
It was noted that whilst those members serving on the Referral Sub Committee could also serve on a Hearing Panel for the same case, this would not apply to those members who serve on the Review Sub-Committee. A revised sheet was circulated at the meeting setting out a suggested composition for each sub committee and options for the selection of membership for each sub-committees.
Owing to the time limit for assessing each allegation, it was intended that meetings of the Referrals Sub Committee be scheduled each month with such meetings being held during the daytime and evening to enable each member to have an opportunity to attend.
The Committee was advised that the Rural Liaison Committee at its meeting on 27 May, had considered a newsletter from the Standards Board for England in which it had been suggested that the number of Parish Councillors serving on Standards Committees be increased to 3 members. As complaints would now be handled at a local level it was considered that there was the potential for an increase in complaints and the Rural Liaison Committee had requested that the number of Parish Council representatives be increased to 3 and, if this was supported, had nominated Parish Councillor Chris Buckwell to fill this place.
The Standards Committee was supportive of the Rural Liaison Committee's request but noted that as two Parish Councils had not been represented at the meeting on 27 May they would be contacted prior to a report being considered by Council on 12 June inviting them to submit any nominations for the additional Parish Councillor place or to support the nomination of the Rural Liaison Committee.
It was noted that a training session was in the process of being set up for a date in June and that further information on certain elements of the new procedures would be reported at that time including details of publicity and the complaints form.
 > Revision of investigation & local determination procedures (pdf file 52.3kb)
 Decision:
 
 (a)a Referrals Sub Committee be established with a terms of reference as set out in the report as amended with the composition of the Sub Committee as follows:

Membership 3 (+1)

2 x Independent (including Chair)

1 x Councillor

(+1 Parish Councillor when parish council issue)
 (b)a Review Sub Committee be established with a terms of reference as set out in the report and with the composition of the Sub Committee as follows:

Membership 3 (+1)

2 x Independent (including Chair)

1 x Councillor

(+1 Parish Councillor when parish council issue)
 (c)Hearings Sub Committees be established as and when required for particular hearings, comprising members who have not been involved on the referral or review of the particular matter with the composition of the Hearings Sub Committees being as follows:

Membership 3 (+1)

2 x Independent (including Chair)

1 x Councillor

(+1 Parish Councillor when parish council issue)
 (d)membership of the Referrals Sub Committee, Review Sub Committee and Hearings Sub Committee be selected on alphabetical rotation, subject to there being no duplication or conflict in accordance with the regulations;
 (e)the Monitoring Officer be instructed to notify the member of receipt of a complaint and provide a written summary of the allegation at the same time as acknowledging receipt of the allegation to the person making the allegation and no later than sending the agenda for the meeting of the Referrals Sub-Committee to members of that sub-committee, unless after consultation with the Chairman of the Standards Committee he/she considers it appropriate to defer notification in order to enable a proper investigation to take place, in which case notification should be made as soon as the reasons for the deferral no longer apply.
 (f)the local protocol as set out in Appendix Three to this report authorising the Monitoring Officer to seek local resolution in appropriate cases, be adopted subject to the following amendment:

Receipt of Allegations (paragraph 3) amended to read:

Complaints shall only be entertained where the identity of the complainant is identified, but the Monitoring Officer is authorised to maintain the confidentiality of the identity of the complainant where and for so long as in his/her opinion that would be in the public interest.

In addition, the Monitoring Officer be requested to report to the Standards Committee at its next meeting upon the arrangements she has established in this respect, noting that the Standards Committee wishes to be advised of all anonymous complaints received.
 (g)it be a policy decision that anonymous complaints should not be entertained, but that the Monitoring Officer be authorised to keep the identity of the complainant confidential where she is of the opinion that this is in the public interest.
 (h)the Monitoring Officer be instructed as set out in the draft protocol attached to the report, where practicable, to obtain and inform the Referrals Sub-Committee of any publicly available information which would facilitate their task of determining whether a complaint merits investigation.
 (i)the functions of determining whether to accept the Monitoring Officer's finding of no breach, to go to a local hearing, or to refer the matter to a Case Tribunal be delegated to a Hearings Sub-Committee.
 (j)the Monitoring Officer be instructed to arrange appropriate publicity in accordance with the Regulations and Guidance, such publicity to be determined by the Standards Committee and reported to the next meeting for consideration.
 (k)it be noted that, having now received Guidance on the new procedures from the Standards Board, arrangements are in hand to organise a training session for members of the Standards Committee in June and further details will be submitted to that meeting on the arrangements for establishing monthly Referrals Sub Committees, proposals for publicity for the new arrangements in accordance with (j) above and a suggested complaints form for use by complainants.
 (l)a standing item be included on the agenda for the Standards Committee setting out a summary of those cases referred to the Referrals Committee.
 (m)in accordance with the request of the Rural Liaison Committee, the Council be requested to increase Parish Councillor representation on the Standards Committee by one further member making a total of 3;
 (n)subject to Council approval of (m) above, it be noted that the Rural Liaison Committee has nominated Parish Councillor Buckwell to fill this additional place.