BABERGH DISTRICT COUNCIL
STANDARDS COMMITTEE
MINUTES OF A MEETING OF THE STANDARDS COMMITTEE HELD IN COMMITTEE ROOM 1, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON FRIDAY, 16 OCTOBER 2009
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PRESENT: |
Members |
Co-opted Members |
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Mrs S P Clarke
Mr P Jones
Mr R E Kemp
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Miss P F Cook
Mr P J Down
Mrs T Kavvadias
Mr J B Newton (Chairman)
Mr J G Watson
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Mr R L Feltwell and Mr A F D W Osborne were unable to be present.
Mr P Jones declared a personal interest in the item referred to in Minute No. 31 below by virtue of serving on the executive of the Suffolk Association of Local Councils (SALC), which organisation also provided training for parish councillors and clerks, but indicated that his interest was such that he would be able to speak and vote on the matter concerned.
RESOLVED
That the Minutes of the meeting held on 10 July 2009 be confirmed and signed as a correct record.
None received.
None received.
The Acting Audit Manager, on behalf of the Monitoring Officer, presented a report (Paper J115) on the requirements under the “Use of Resources Assessment” for Councils to be audited on their ethical framework and culture. This included the ethical education and behaviour of staff as well as Members, and the Committee was invited to consider eight actions that needed to be addressed relating to the ethical culture of the organisation and to suggest evidence in the form of examples of the ways in which the requirements were being met under each heading, together with suggestions for continued improvement.
RESOLVED
That each member of the Committee be invited to submit examples to the Monitoring Officer regarding the ways in which the Committee’s work can be demonstrated as helping to promote the principles of good governance as described in the eight actions that required addressing set out in Paper J115 and that the Chairman, Mrs S P Clarke and Miss P F Cook be nominated to work with the Monitoring Officer to collate those examples and to develop further suggestions for the promotion and delivery of high ethical standards for incorporation in future reports to the Committee.
The Deputy Monitoring Officer reported that the Committee’s request for consideration to be given to the identification on agendas of Members’ political affiliations had been due to be considered by the Corporate Management Team on 15 October but that the item had not been reached and the views of the Management Team on the suggestion were therefore not yet available.
The Chairman provided examples from the London Borough of Havering, Ipswich and Chelmsford Borough Councils where political affiliations were referred to in agenda papers.
RESOLVED
That the position be noted and a further report made once the Management Team’s views are known.
Issue No. 45 of Standards for England’s “Bulletin” publication was submitted together with a report by the Monitoring Officer (Paper J110), which highlighted the contents of that publication and, in particular, the clarification provided by Standards for England (SfE) of the circumstances in which the sanction of an apology might be appropriate where a Member had been found to be in breach of the Code of Conduct and how such a sanction might properly be linked to a suspension (of up to six months duration) until the written apology were made. Details were also provided of the Adjudication Panel’s first determination under paragraph 3(2)(c) of the Code relating to intimidation. The Panel had decided that in order for there to have been “intimidation” there needed to be an underlying or explicit threat of violence and intent thereby to cause a person to change their evidence or deter them from making further complaints.
RESOLVED
That the information in Paper J110 be noted.
The Committee considered the Monitoring Officer’s report (Paper J111) appended to which was a draft protocol for the conduct of site inspections. It was pointed out that guidance on the conduct of site inspections already existed in respect of planning matters and was incorporated in the Planning Protocol but there were other circumstances, such as in relation to licensing matters, where site inspections might occur and the draft guidance was intended to be read in conjunction with that included in the Planning Protocol and applied to the conduct of all site inspections undertaken by Members.
RESOLVED
That the site inspection guidance at Appendix 1 to Paper J111 be approved with the addition of a statement that the person presiding at the site inspection should clearly explain to all present the purpose of the inspection.
It was reported that Mr P J Down and Mr J G Watson had attended to observe a hearing before the Adjudication Panel for England held at the Novotel, Ipswich on 22 July 2009 and Mr Down and Mr Watson reported on the conduct of the hearing accordingly.
RESOLVED
That the reports of Mr Down and Mr Watson be noted.
The Monitoring Officer submitted a report (Paper J112) containing details of recent decisions of the Adjudication Panel Appeals Tribunal and Case Tribunal arising out of the investigation of alleged breaches of the Members’ Code of Conduct.
RESOLVED
That the information contained in Paper J112 be noted.
The Committee received a report (Paper J113) from the Monitoring Officer which set out Standards for England’s advice on the use of “other action” in relation to the local determination of complaints against councillors. SfE’s guidance was set out in full in the Appendix to the report and sought to address when action other than an investigation might be appropriate and what that “other action” might reasonably be expected to involve, including the types of training that might be appropriate.
It was emphasised that “other action” should not be used instead of an investigation where it was in the public interest to undertake one, such as where the honesty or integrity of a Member was being challenged, or where a sanction beyond training would be appropriate if an allegation were proven.
The Assessment Sub-Committee was obliged to have regard to the guidance and standards committees were advised to draw up their own assessment criteria for the use or suitability of other action, which, on account of the reciprocal arrangements between this Council and Mid Suffolk District Council, it was suggested should be common to both Councils. Since there were also several members of those authorities who were also Suffolk County Councillors it was suggested that it would avoid confusion if the County Council also had the same criteria. These arrangements could be progressed via the Suffolk Monitoring Officers’ Group but, in the meantime, it was suggested that an interim assessment criteria be applied with immediate effect.
RESOLVED
(1) That the content of the “Other Action Guidance” published by Standards for England be noted.
(2) That the Monitoring Officer seek to progress the establishment of a County-wide assessment criteria for “other action” as provided in Section 57A(2) of the Local Government Act 2000 (as amended) and to report back to a future meeting of the Committee with the assessment criteria for adoption.
(3) That, pending formal adoption of a final assessment criteria for “other action”, the draft assessment criteria attached at Appendix 2 to Paper J113 be applied with immediate effect.
The Monitoring Officer submitted a report (Paper J114) on the outcome of a hearing before the Standards (Hearings) Sub-Committee on 15 September 2009, public notice of which also needed to be given by way of an advertisement in at least one newspaper circulating within the district.
RESOLVED
That the contents of Paper J114 be noted.
The Deputy Monitoring Officer reported on his attendance at the Annual Assembly of Standards Committees at the ICC, Birmingham on 12 and 13 October. Mention was made of a call by some Monitoring Officers for a system that would allow better sifting out of those complaints that could be settled at the outset by means of an apology, it being argued that a system that led to an apology only after the time and expense of holding various meetings, an investigation and a hearing was not proportionate, nor in the public interest. Reference was also made to the fact that the informal joint working arrangements for standards matters operating in Suffolk had been the subject of a Workshop presented by St. Edmundsbury Borough Council’s Monitoring Officer, that there was a new Parish Council Toolkit which, amongst other things, contained model minutes, agendas and standing orders together with protocols regarding Freedom of Information and the relationships between parish and district councils, and that Standards for England had also produced a new training DVD for assessment sub-committees, a copy of which had been sent to the Monitoring Officer.
RESOLVED
That the Deputy Monitoring Officer’s report on the Conference be noted and circulated to members of the Committee once available in written form.
Mr P Jones reported on his attendance at a training session at the OrbisEnergy Conference Centre on 8 September 2009 organised by Waveney District Council. Although a member of St Edmundsbury Borough Council had provided very positive feedback on the event, which had encouraged that Council to consider repeating the training for members of its Standards and Development Committees and to invite representation from neighbouring authorities, Mr Jones believed that the session would be of limited value to any Members who were already experienced in planning matters although the training session on the standards aspects had been innovative and delivered by means of an interactive card game.
RESOLVED
That the information be noted.
The Deputy Monitoring Officer reminded the Committee that the Annual Meeting of Standards Committees would take place at 1 p.m. on 4 November 2009 in the Dove Room at the offices of Mid Suffolk District Council and that an agenda would be circulated shortly.
RESOLVED
That the arrangements be noted.
29 OBSERVATION OF PROCEEDINGS AT COMMITTEE MEETINGS
The Chairman reported on his attendance at the Strategy Committee’s meeting held on 30 July 2009 and the Overview and Scrutiny (Community Services) Committee’s meeting on 6 October 2009. Although both meetings had included serious and vigorous debate, the Chairman reported that Members had conducted themselves in the correct manner.
RESOLVED
That the report be noted.
The Deputy Monitoring Officer submitted a report (Paper J116) containing details of interests and gifts declared by Members and Officers during the period from July to September 2009 and also on the assessment of complaints received about councillors’ conduct during that period.
RESOLVED
That the report be noted.
The Deputy Monitoring Officer reported that arrangements had been made for a morning training session for parish clerks to be held on 23 November 2009 at Hadleigh Town Football Club and that, so far, there were 17 registered attendees from 13 different parish councils.
RESOLVED
That the position be noted and that a reminder be dispatched indicating that parish councillors would also be welcome to attend.
Note: The meeting was adjourned for refreshments between 10.30 a.m. and 10.40 a.m.
The business of the meeting was concluded at 11.12 a.m.
Chairman
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