Agenda and minutes

Apologies were received from Mr Colton and Mr Gould.

Members are asked to declare any interests in matters for consideration at the meeting.

There were no declarations of interest.

To approve the minutes of

a)      the Standards Committee meeting held on 11 February 2010;

b)      the Standards Assessment Sub-committee meeting held on 25 March 2010

attached

c)      the Standards Assessment Sub-Committee held on 30 June 2010;

d)      the Standards Review Sub-Committee held on 30 June 2010;

to follow

a)      The Minutes of the Standards Committee meeting held on 11 February 2010 be received and approved and the Chair be authorised to sign them.

b)      The Minutes of the Standards Assessment Sub-Committee meeting held on 25 March 2010 be received and approved and the Chair be authorised to sign them.

c)      The Minutes of the Standards Assessment Sub-Committee meeting held on 30 June 2010 be received and approved and the Chair be authorised to sign them.

d)      The Minutes of the Standards Review Sub-Committee meeting held on 30 June 2010 be received and approved and the Chair be authorised to sign them.

In relation to Minute 42 (11 February 2010) and the IT Protocol issue, the Chair reported that the new system and procedure for IT provision to Members was in place and that the Protocol on Sanctions detailed in Minute 47 would become a work programme issue.

There were none.

This report informs the Standards Committee of Standards training held for the newly elected Councillors and discusses arrangements for the training of members of this Committee.

Report of the Head of Legal and Electoral Services attached

The Head of Legal and Electoral Services introduced the report and advised that the Code of Contact training session has been well-received and Members had been engaged.  He stated that new Members had indicated that they would like advice from more experienced Members.  The Head of Democratic Services advised that she had received requests for workshops on particular topics such as more detail on declarations of interest and pre-determination.

In discussion the Committee considered that further training might also consider the issue of ‘over-declaration’ e.g. it was not usually necessary to declare that one was a ward councillor.  Turning to the question of training for Members of the Standards Committee, the committee suggested that content might include a flowchart illustrating the handling of a complaint, a digest of recent and relevant cases or a mock assessment.

RESOLVED:

1. That the report on training to date be noted.
2. That training for the Standards Committee be held in September 2010 following recruitment of new Independent Members.

This report documents the annual review for 2009/10 and whilst there are no significant failings with adherence to the Code, highlights a few areas where actions are recommended.

Report of the Head of Internal Audit and Risk Management attached.

The committee received a report on the Corporate Governance Position Statement and considered that good progress had been made during the previous year.  The chairman advised that she had attended the meetings described on page 33 of the agenda as necessary to discuss issues of interest or concern to the Standards Committee with the Group Leaders and Chief Executive.

RESOLVED:

1. That the report on the Corporate Governance Code of Practice Annual Position Statement for 2009/2010 be noted.

Following the decision made at the March 2010 meeting of the Standards Committee, this report sets out the criteria adopted for the initial assessment of complaints of alleged breaches of the Members’ Code of Conduct.

Report of the Head of Legal and Electoral Services attached

The Head of Legal and Electoral Services presented the report and informed the Committee that the criteria had been used to good effect at recent Assessment Sub-committees.  Ms Fraser was thanked for her work in drafting the criteria.  The Committee considered that the criteria were helpful to independent members in particular and asked the Head of Legal and electoral Services to ensure that the document was available on the website as a guide for members of the public.

RESOLVED:

1. That the report be noted and the assessment criteria used in the assessment of all future complaints submitted to the Standards Committee.

This report formally informs the Committee of the adoption at the Council meeting in April of the Members’ Protocols for Planning and for Licensing, and also of the new Guidance for Members (which replaces the remainder of the previous Members’ Protocols.

Report of the Head of Legal and Electoral Services attached

RESOLVED:

1. That the report formally informing the Committee of the adoption at the Council meeting in April 2010 of the Members’ Protocols for Planning and for Licensing, and also of the new Guidance for Members be noted.

This report draws attention to recent announcements by Standards for England and by the Government.

The committee had a discussion in which it considered potential issues in the light of the Coalition Government’s proposal to abolish the standards board regime.  It was noted that possible alternatives to current practice might be reference to the Ombudsman as in Wales, a stand alone local system using the national code, deletion of the Code with guidance from a body such as the Local Government Association instead or a requirement for a local code and decision structure.  The committee was advised that pre-Code measures such as surcharges remained on the statute book.  Views expressed during the discussion included,

Ø      The Code had been good in preventing bullying and a regime and sanctions was needed

Ø      If a local system was instituted, an appeal mechanism was required.  One possibility was an appeal of the determination of a Hearing Sub-committee to the Standards Committee itself

Ø      It could be difficult to discipline within a political group and an external mechanism to this was therefore needed

Ø      Cost was an issue

Ø      Dissolution of Standards for England would mean the loss of dissemination of learning unless it was possible to achieve this at a regional level

Ø      A national code operated locally was viable.

RESOLVED:

1. That the report be noted.

This report makes proposals for the appointment of an Interim Head of Legal and Electoral Services and Monitoring Officer on the retirement of the present postholder.

Report of the Head of the Paid Service attached

As this was his last meeting, the Committee thanked Mr Richard Mellor for his diligence work in supporting the work of the Committee and wished him well on his retirement as Head of Legal and Electoral Services and Monitoring Officer.

Ms Helen White was welcomed to her new role with the Council.  She advised that she had experience of working in her role as Monitoring Officer with the Standards Committee at the London Borough of Merton and that she wished to continue supporting the good work of this Committee.

RESOLVED:

1. That the report of the Head of Paid Service to the Council meeting held on 6^th July 2010 and Council’s resolution to appoint Helen White, for a period of six months from 1 August 2010, as Interim Head of Legal & Electoral Services and Monitoring Officer, alongside her current role of Head of Civic & Legal Services at the London Borough of Merton be noted.

The Head of Democratic Services will update the Committee on the process for recruitment of Independent Members to the Committee.  The current term of office for Independent Members ends in August 2010.

The Head of Legal Services informed that Committee that a recruitment pack, based on the one used in 2009 had been produced.  The Head of Democratic Services provided information about the methods of advertising using the Council’s website, notice in ‘The Digest’ (a weekly free subscription newsletter on democratic processes, sent to some 500 councillors, officers and members of the public) and the local press.

RESOLVED:

1. That the interview panel for recruitment of independent members be formed of the Chairman Mrs Hill, Councillor Elengorn and Councillor Linnette.

2. That meetings of the interview panel take place in the weeks beginning 9^th August 2010 and 23^rd August 2010.

The Monitoring Officer will present an update on work being undertaken on the Committee’s Annual Report for 2009/2010.

The Head of Legal and Electoral Services circulated a draft for comment.  It was suggested that the ‘conclusion’ should include comments on the costs of the Standards process and a statement on the future direction of the Committee.

Members of the Committee were asked to forward any comments to the Head of Legal and Electoral Services.

This item enables members of the Committee to provide any relevant

feedback in relation to the meetings that they have attended as observers

since the last meeting.

It was noted that Ms Fraser intended to observe the meeting of the Council on 6 July 2010.

The Committee’s work programme sets out the planned topics for the year.

Report of the Head of Democratic Services attached.

The Committee emphasised the need to provide good information for members of the public on the website.

RESOLVED:

1. That the report on the work programme be noted.

The Chairman of the Committee, expressed her thanks for the service of those Independent Members of the Standards Committee, Mr Greggains, Mr Buckley and Mr Gould who had indicated that they would not be seeking re-appointment to the Committee.

With the approval of the Committee, the Head of Legal and Electoral Services also thanked the Chairman, Mrs Margaret Hill, who was also standing down, for her long and dedicated service to the Standards Committee.