Agenda and minutes

Councillor Conduct Committee - Monday, 21 October 2013 6.00pm

Venue: Meeting Room 9 - Level 3, Gun Wharf, Dock Road, Chatham ME4 4TR. View directions

Contact: Teri Reynolds. Democratic Services Officer 

Items
No. Item

473.

Election of Chairman

Notice has been received from Councillor Mrs Diane Chambers that she wishes to stand down from the position of Chairman of this committee due to her other Council responsibilities.  The committee is therefore requested to appoint a new Chairman for the remainder of the 2013/14 municipal year.

Minutes:

Councillor Hicks was elected as Chairman for the remainder of the 2013/14 municipal year.

474.

Record of meeting pdf icon PDF 35 KB

To approve the record of the meeting held on 11 June 2013. 

Minutes:

The record of the meeting held on 11 June 2013 were agreed and signed by the Chairman as correct. 

475.

Apologies for absence

To receive apologies for absence. 

Minutes:

 An apology for absence was received from Councillor Paul Godwin.

476.

Urgent matters by reason of special circumstances

The Chairman will announce any late items which do not appear on the main agenda but which he/she has agreed should be considered by reason of special circumstances to be specified in the report. 

Minutes:

There were none.

477.

Declarations of disclosable pecuniary interests

A member need only disclose at any meeting the existence of a disclosable pecuniary interest (DPI) in a matter to be considered at that meeting if that DPI has not been entered on the disclosable pecuniary interests register maintained by the Monitoring Officer.

 

A member disclosing a DPI at a meeting must thereafter notify the Monitoring Officer in writing of that interest within 28 days from the date of disclosure at the meeting.

 

A member may not participate in a discussion of or vote on any matter in which he or she has a DPI (both those already registered and those disclosed at the meeting) and must withdraw from the room during such discussion/vote.

 

Members may choose to voluntarily disclose a DPI at a meeting even if it is registered on the council’s register of disclosable pecuniary interests but there is no legal requirement to do so.

 

In line with the training provided to members by the Monitoring Officer members will also need to consider bias and pre-determination in certain circumstances and whether they have a conflict of interest or should otherwise leave the room for Code reasons. 

Minutes:

There were none.

 

478.

Annual report of the Monitoring Officer pdf icon PDF 63 KB

This provides an annual report from the Monitoring Officer for the period July 2012 – July 2013 and gives an update on Member conduct issues and the work of the Councillor Conduct Committee and the Monitoring Officer. 

Minutes:

Discussion:

 

The Monitoring Officer presented his annual report for the period July 2012 to July 2013 which provided an update on Member conduct issues and the work of the Councillor Conduct Committee and the Monitoring Officer and reviewed the first year of operation of the new standards process.

 

Decision:

 

The Committee noted the report.

 

479.

Code of Members' conduct pdf icon PDF 411 KB

This report details recent guidance from the Department for Communities and Local Government on Members’ registration and disclosure of Interests. It also advises Members of possible amendments to the Councillor Code of Conduct to take account of this new Guidance.

Minutes:

Discussion:

 

The Monitoring Officer introduced the report which detailed recent guidance from the Department for Communities and Local Government on members’ registration and disclosure of interests and advised the committee of possible amendments to the Councillor Code of Conduct.  In response to a query from a Member the Monitoring Officer clarified the options available to the committee in response to the guidance, which were detailed in the report.  He confirmed that he felt Members were already appropriately declaring conflicts of interest at meetings and felt that no change to the Code of Conduct was required.

 

Decision:

 

The Committee agreed:

 

(1)               Not to recommend to Full Council that the Council should revise its Code of Conduct to incorporate the text for the illustrative Code of Members’ Conduct.

 

(2)               That the briefing note on the Code of Conduct presented by the Monitoring Officer at Appendix 4 of the report should be circulated to all members and co-opted members who are subject of the code.

480.

Exclusion of the press and public pdf icon PDF 15 KB

This report summarises the content of agenda item 9, which, in the opinion of the proper officer, contains exempt information within one of the categories in Schedule 12A of the Local Government Act 1972. It is a matter for the Committee to determine whether the press and public should be excluded from the meeting during consideration of document. 

Minutes:

Resolved:

 

That the press and public be excluded from the meeting during consideration of the exempt material relating to agenda item 9because consideration of these matters in public would disclose information falling within Paragraphs 1 and 2of Part 1 of Schedule 12A to the Local Government Act 1972 as specified in agenda item 8,and, in all the circumstances of the case, the Committee considers that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

481.

Assessment of complaint - CCC/002/13

The committee is requested to consider a complaint about three Councillors that has been received by the Monitoring Officer.  

Minutes:

Discussion:

 

The Committee considered complaint CCC/002/2013 received by the Monitoring Officer on 10 October 2013.

 

Decision:

 

(1)               The Committee decided to take no further action in relation to complaint CCC/002/13 in relation to any of the three subject Members as it did not consider the complaint including any actions of any of the subject members that might be a breach of the Councillor Code of Conduct

 

(2)       The committee recommended that the Monitoring Officer consider the documentation and guidance relating to Ward Improvement Funds and to make any required changes to clarify issues relating to Disclosable Pecuniary Interests and conflicts of interest to ensure openness and transparency.