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BABERGH DISTRICT COUNCIL STANDARDS COMMITTEE
MINUTES OF A MEETING OF THE STANDARDS COMMITTEE HELD IN COMMITTEE ROOM 1, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON WEDNESDAY 1 APRIL 2009
PRESENT:
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Members |
Co-opted members |
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Mr P K Beer
Mrs S P Clarke
Mr R E Kemp |
Miss P F Cook
Mr P J Down
Mr R L Feltwell
Mrs T Kavvadias
Mr J B Newton
Mr J G Watson |
Apologies were received from Mr P Jones.
42 - Election of Chairman
43 - Election of Vice-Chairman
44 - Declaration of Interests
45 - Minutes
46 - Petitions
47 - Questions from Members
48 - Annual Report of the Standards Committee
49 - Anti-fraud and Corruption and Whistleblowing Policy
50 - Observation of Proceedings at Committees
51 - Members' Code of Conduct Case Reports
52 - Standards Board for England Bulletin (Issue 42)
53 - Quarterly Monitoring Report
54 - Training for Parish and Town Councillors
RESOLVED
That Mr J B Newton be elected Chairman of the Committee for the ensuing year.
RESOLVED
That Mr J G Watson be elected Vice-Chairman of the Committee for the ensuing year.
There were no declarations of interest.
RESOLVED
That the Minutes of the meeting held on 23 January 2009 be confirmed and signed as a correct record.
None received.
None received.
Members considered a report by the Monitoring Officer (Paper H218), which reviewed the Committee’s work and noteworthy events affecting it over the preceding year. These included, most significantly, the appointment of additional members and the implementation of the system for the local handling of complaints, together with work to monitor declarations of interest and hospitality and to provide training on the Code of Conduct for Parish Councillors.
RESOLVED
That Paper H218 be agreed as the Annual Report of the Standards Committee to the Council.
Members had before them Paper H177 together with a copy of the Anti-Fraud and Corruption and Whistleblowing Policy appended to that report. They were aware that the Policy had been approved by the Overview and Scrutiny (Stewardship) Committee at its meeting on 27 January 2009, with a request for Standards Committee to consider the Policy and make observations, and recorded their thanks to the Overview and Scrutiny (Stewardship) Committee for the opportunity to comment.
The Committee considered a report (Paper H219) by the Monitoring Officer identifying possible amendments to the Policy in the context of ensuring that it promotes high ethical standards and is compatible with the Members’ Code of Conduct. Following its consideration, Members agreed that the proposed amendments should be recommended for inclusion in the Policy.
RECOMMENDED TO OVERVIEW AND SCRUTINY (STEWARDSHIP) COMMITTEE
That the revised Anti-Fraud and Corruption and Whistleblowing Policy appended to Paper H177 be amended in accordance with paragraph 5.4 of Paper H219 to ensure that the Policy promotes high ethical standards and is compatible with the Code of Conduct for Members.
Mr P J Down reported on his observation of proceedings at the meeting of the Development Committee on 11 February 2009.
The Chairman of Standards Committee advised Members that he intended to continue his practice of the previous year to visit each of the Council’s Committees, and it was noted that other Members hoped to make similar visits. It was agreed that Members intending to do so would inform the Monitoring Officer so that she could co-ordinate the arrangements.
Members were aware of the training programme for Councillors and noted that this would continue to include aspects relevant to the Standards Committee role such as ethical standards and the Member/Officer Protocol. During the course of the ensuing discussion the Committee emphasised its wish to actively encourage the promotion of an ethical culture alongside its role of monitoring behaviour and dealing with complaints.
It was agreed that the opportunity should be taken at the start of the new Municipal Year to write to all Chairmen and the Political Leaders to make them aware of the Committee’s consideration of this matter.
RESOLVED
(1) That Mr P J Down’s comments as reported to the meeting be noted.
(2) That Mr J B Newton write to all Council Chairmen and Political Group Leaders drawing their attention to the issues discussed and enclosing a copy of this minute.
The Monitoring Officer presented a report (Paper H220) on three recent cases decided by the Adjudication Panel for England arising out of the investigation of alleged breaches of the Members’ Code of Conduct and on a decision of the High Court relating to a further case.
The result of two of the cases, which concerned the treatment of others with respect and allegations of bullying against officers, could serve as guidance in relation to the type of behaviour that might properly be regarded as disrespectful or bullying. A third case concerned the issues of respect and disrepute and Members noted the areas of possible conflict between the operation of the Code of Conduct and the right to freedom of expression. The High Court decision related to a successful application for the judicial review of a Council’s decision to grant planning permission, contrary to planning officers’ recommendations, to one of its councillors and with the participation of another councillor who could reasonably be assumed to have been biased in favour of the applicant.
Members acknowledged the useful pointers which could be gained from the Case Reports.
RESOLVED
That the information in Paper H220 be noted.
The above-mentioned publication was submitted together with a report thereon by the Monitoring Officer (Paper H221).
The report drew Members’ attention in particular to the intended publication of new regulations to take effect in May 2009 dealing with the establishment of joint standards committees, clarification of the application of the right to ask for a dispensation where the political balance of an authority was affected and the circumstances under which the Standards Board for England might suspend a standards committee’s functions and direct instead that misconduct allegations be referred either to itself or to the standards committee of another authority.
Reference was also made to the requirement to make an Annual Return of the work of the Standards Committee to the Standards Board for England and to notification that the 2009 Assembly of Standards Committees would be held at the ICC in Birmingham on 12 and 13 October. The report further stated that work was ongoing to put in place indemnities for all members, including co-opted members beyond that provided by statute when they were acting in good faith and in an official capacity. A report on this matter would be submitted in due course.
RESOLVED
(1) That the information in Paper H221 be noted.
(2) That Mr J B Newton and Mrs T Kavvadias be appointed as the Council’s representatives at the Annual Association of Standards Committees at the ICC in Birmingham on 12 and 13 October 2009 and to report back thereon to the Committee. Further that in the event that either of the representatives is unable to attend, the replacement Councillor for Mr P K Beer on the Standards Committee from 21 April 2009 be invited to attend in his/her place.
The Deputy Monitoring Officer submitted a report (Paper H222) containing details of interests and gifts declared by Members and officers during the quarter from January to March 2009 and cases that were dealt with under the local system of complaints during that period.
RESOLVED
That the information in Paper H222 be noted.
The Monitoring Officer reported that a training session entitled “Councillor Conduct – Complaints and How to Avoid Them” was held at Stoke-By-Nayland Club on 3 February 2009 and attended by members of the Standards Committee and a representative of the Suffolk Association of Local Councils (SALC) together with nine parish councillors and one parish clerk representing seven different parish councils.
Those members who had been present complimented the Monitoring Officer and Deputy on the format and content, which were considered successful and well received. Reference was made to the disappointing level of attendance, which was in part due to adverse weather conditions, and it was agreed that officers would give consideration to varying the locations of future training events and other initiatives which might encourage a wider attendance.
It was also reported, in furtherance of the resolution of the Committee on 23 January 2009, that the Chairman and the Monitoring Officer would be meeting the Chief Executive of SALC on 14 April 2009 to discuss its role in the promotion of ethical behaviour, including progress with the previously agreed production of a leaflet for Parish Councils entitled, “Standards Made Simple.”
RESOLVED
That the report be noted.
The business of the meeting was concluded at 10.45a.m.
............................................................................ Chairman
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