Agenda and minutes

To approve the record of the meeting held on 15 December 2014.

The record of the meeting held on 15 December 2014 was agreed and signed by the Chairman as correct.

To receive apologies for absence.

There were none.

There were none.

Disclosable pecuniary interests

There were none.

Other interests

There were none.

This report sets out guidance on use of Council resources. This was previously agreed and issued to Councillors and co-opted members by the Standards Committee in 2011. The Councillor Conduct Committee is asked to review the guidance at Appendix A as amended to bring it into line with the new Councillor Conduct regime and the revised Communications Protocol adopted by the Council. It is recommended that the guidance should be re-issued to all Councillors, co-opted members, church and parent governor representatives in May 2015.

Discussion:

The Democratic Services Officer introduced the report which provided the committee with an updated guidance note for Councillors on the use of Council resources.  She explained that the updates were to bring the guidance note in line with the new Councillor Conduct regime and the revised Communications Protocol and highlighted to the committee the most significant change to the document which was an additional paragraph on the use of social media.

Decision:

The Committee authorised the Monitoring Officer to re-issue the guidance to all Councillors and co-opted Members after the local elections in May 2015.

This report sets out  guidance on handling ward work previously agreed and issued to Councillors by the Standards Committee in 2011. The Councillor Conduct Committee is asked to review the guidance at Appendix A which has been updated to bring it into line with the new Councillor Conduct regime. It is recommended that the guidance should be re-issued to all Councillors after the local elections in May 2015.

Discussion:

The Democratic Services Officer introduced the report which set out an updated guidance note for Councillors on handling ward work.  She drew the Committee’s attention to a tabled version of the guidance which had further changes to it since the agenda had been published and these were highlighted as tracked changes.

A Member welcomed the guidance note but requested that more signposting for Members on where to go for additional information and advice on specific issues be included in the document.  It was also noted that the words ‘Customer First’ under the safeguarding section should be replaced with ‘the Customer Contact Team’.

Other Members also welcomed the document and wanted clarity on how this would be delivered in terms of Member induction post the local elections in May.  It was felt that some training should be mandatory and part of that should be a session on this guidance.  The Chairman confirmed that a meeting of the Member Development Advisory Group was due to be held the following week and this issue could be picked up at that meeting.  The Democratic Services Officer also confirmed that the guidance note would be included in the welcome packs provided to all Members elected in May.

(NOTE: the Committee agreed a further addition to the guidance under the following item, providing Members with advice on when and when not Councillors are acting in their official capacity.  This is reflected in minute number 785/2015)

Decision:

The Committee agreed the guidance note as tabled at the meeting, subject to additional signposting being added to the document where appropriate and the words ‘Customer First’ being replaced with ‘the Customer Contact Team’ under the safeguarding section..

This report summarises the content of agenda item 8, 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 the documents. 

The Committee agreed that the press and public be excluded from the meeting during consideration of the exempt material relating to agenda item 8 because consideration of these matters in public would disclose information falling within Paragraphs 1 and 2 of Part 1 of Schedule 12A to the Local Government Act 1972 as specified in agenda item 7,and, in all the circumstances of the case, the Committee considered that the public interest in maintaining the exemption outweighed the public interest in disclosing the information. 

This report requests the committee to consider the investigation report prepared on behalf of the Monitoring Officer into complaint CCC/004/2014 and also provides the committee with the view of the Independent Person.

Discussion

The Monitoring Officer introduced the report, which provided the Committee with the investigation report into complaint number CCC/004/2014, which the Committee had referred for investigation at its meeting on 20 October 2014.  The Committee considered the report along with the views of the Independent Person, which were attached at Appendix 2 to the report.  The views of the Independent Person had been sought in accordance with Section 28(7)(a) of the Localism Act 2011 which requires the views to be sought and taken into account before a decision is made on an allegation that has been investigated.

Members then discussed both the report from the Investigator and the submission from the Independent Person, both of which concluded that the Subject Member was not acting in their capacity as a Councillor when the alleged incident occurred.  Both also advised that should the Committee consider that the Subject Member was acting in their official capacity the conduct was not so serious as to amount to a failure to comply with the Code.

The Committee agreed with the above findings of the Investigator and the Independent Person and referred to a suggestion made by the Independent Person in his submission, that Councillors should review their approach to constituents’ casework and make a clear statement when involvement is in a private capacity, to avoid confusion being generated as to a councillor’s role.  It was suggested that advice relating to this should be included in the guidance for Councillors on ward work, which had been discussed earlier on the agenda, and to be picked up specifically during the forthcoming Member induction programme.  The Head of Legal Services added that advice on this would also be included in the guidance for Members during the pre-election period which was now available via the Council’s Intranet.

Decisions:

The Committee determined that no further action should be taken in relation to Complaint CCC/004/2014.

Reasons:

The Committee, taking into account the report from the Independent Investigator and the Independent Person, found that the Subject Member was not acting in their official capacity as a Councillor at the time of the alleged misconduct and therefore was not subject to the Members’ Code of Conduct.