Agenda item

Planning Committee - 20 December 2016

 

Minute 112 - Malton Food Enterprise Zone Local Development Order (LDO) (page 165)

 

Overview and Scrutiny Committee - 26 January 2017

 

Minute 78 - Appointment of the sector led body Public Sector Audit Appointments (PSAA) to appoint external audit services for Ryedale District Council from 1 April 2018 (page 239)

 

Corporate Governance Standards Sub-Committee - 9 February 2017

 

Minute 4 - Monitoring Officer's Report Regarding Complaint Alleging Breach Of The Members' Code Of Conduct (page 269)

Planning Committee - 20 December 2016

 

Minute 112 - Malton Food Enterprise Zone Local Development Order (LDO)

 

It was moved by Councillor Frank and seconded by Councillor Maud that the following recommendations of the Planning Committee be approved and adopted.

 

That Council be recommended that the Local Development Order for the Malton Food Enterprise Zone is adopted.

 

Upon being put to the vote the motion was carried.

 

Resolved

 

That the Local Development Order for the Malton Food Enterprise Zone is adopted.

 

Voting Record

25 For

1 Against

2 Abstentions

 

Overview and Scrutiny Committee - 26 January 2017

 

Minute 78 - Appointment of the sector led body Public Sector Audit Appointments (PSAA) to appoint external audit services for Ryedale District Council from 1 April 2018

 

It was moved by Councillor Keal and seconded by Councillor Acomb that the following recommendations of the Overview and Scrutiny Committee be approved and adopted.

 

That Council be recommended that:

 

Ryedale District Council accepts Public Sector Appointments Ltd PSAA) invitation to 'opt in' to the sector led option for the procurement of external auditors for a maximum of five financial years starting 1 April 2018.

 

Delegation be given to the Resources and Enabling Lead (s151) Officer to undertake the necessary steps to ensure the appointment of PSAA is made by 9 March 2017.

 

Upon being put to the vote the motion was carried.

 

Resolved

 

That:

 

Ryedale District Council accepts Public Sector Appointments Ltd PSAA) invitation to 'opt in' to the sector led option for the procurement of external auditors for a maximum of five financial years starting 1 April 2018.

 

Delegation be given to the Resources and Enabling Lead (s151) Officer to undertake the necessary steps to ensure the appointment of PSAA is made by 9 March 2017.

 

Voting Record

26 For

2 Abstentions

 

Corporate Governance Standards Sub-Committee - 9 February 2017

 

Minute 4 - Monitoring Officer's Report Regarding Complaint Alleging Breach Of The Members' Code Of Conduct

 

The Council had before it five  recommendations including  sanctions and improvement of procedures  from the  Corporate Governance Standards Sub-Committee meeting on 9 February 2017 resulting from the hearing of a code of conduct complaint against Councillor Raper . The complaint was about Councillor Raper voting twice on two votes at the Council meeting on 8 December 2016.

 

Council was presented with the minutes of the Sub-Committee meeting at pages 269 - 272  of the Council agenda .  The minutes gave details of the finding of facts, the breach of  the code and the recommendations to Council on  sanctions and improvement of procedures. Council was only  being asked to consider the recommendations on sanctions and improvement of procedures from the Sub-Committee.

 

1. Councillor Keal moved the following censure motion which was seconded by Councillor Acomb as recommended by the Corporate Governance Standards Sub-Committee meeting on 9 February 2017.

 

"Council is aware that Councillor John Raper voted using two electronic voting units, on two occasions, during the meeting of Full Council on 8 December 2016. 

 

Council notes that these actions constitute a breach of the requirement in the Members' Code of Conduct to behave 'in accordance with all our legal obligations, alongside any requirements contained within the authority's policies, protocols and procedures'.

 

Council notes that these actions are also contrary to a number of the principles set out in the Members' Code of Conduct, namely selflessness, integrity, openness, honesty and leadership.

 

As such these actions are wholly unacceptable and inappropriate, damaging the reputation of the Council and public trust and confidence         in the integrity of its democratic decision making processes.

 

Therefore the Council hereby censures Councillor John Raper for his unacceptable behaviour and actions breaching the Members' Code of Conduct."

 

Upon being put to the vote the censure motion was carried.

 

Voting record

24 For

3 Abstentions

 

2. It was moved by Councillor Keal and seconded by Councillor Acomb that the remaining  recommendations be adopted by Council :

 

(a) That the Group Leader be asked to suspend Councillor Raper from committees for six months from the date of this censure motion.

 

(b)            That Councillor Raper be required to apologise to the Chairman of Council and all Members of Council for his conduct.

 

Additionally Council be recommended to approve that practices around electronic voting and time management at Full Council meetings be improved as follows:

 

(a) Any Member leaving a meeting early, to notify the Chairman when they depart and return their voting unit to the front of the room, and the time of their departure to be recorded in the minutes;

 

       (b) That the O&S Review into the start times of meetings also looks at the efficient running of proceedings at Full Council to include the length of meetings.

 

An amendment was moved by Councillor Clark and seconded by Councillor Thornton to:

 

Add at the end of recommendations 2. (a) - (b):

 

      i.        That Councillor Raper broke the Honesty part of the Code of Conduct

 

    ii.        Councillor Cussons did not ask him to vote for him

 

   iii.        Councillor Cussons had left the room when Councillor Raper stated he was present

 

Upon being put to the vote the amendment was lost.

 

Voting record

5 For

19 Against

4 Abstentions

 

An further amendment was moved by Councillor Jowitt and seconded by Councillor P Andrews;

 

Delete the text in 2. (b)

 

Add the following text as a new 2. (b)

 

That the proposal to look at the efficient running of proceedings at Full Council to include the length of meetings be referred to the Overview and Scrutiny Committee.

 

Upon being put to the vote the amendment was lost.

 

Voting record

7 For

13 Against

7 Abstentions

 

An further amendment was moved by Councillor Goodrick and seconded by Councillor Sanderson to:

 

Following the paragraph ending ".....Full Council meetings to be improved as follows:

 

Delete points (a) and (b)

 

Upon being put to the vote the amendment was lost.

 

Voting Record

12 For

12 Against

The Chairman used his casting vote against the amendment.

 

Upon being put to the vote the motion was carried.

 

Voting record

14 For

7 Abstentions

 

 

Resolved

 

1. Censure of Councillor John Raper

 

"Council is aware that Councillor John Raper voted using two electronic voting units, on two occasions, during the meeting of Full Council on 8 December 2016. 

 

Council notes that these actions constitute a breach of the requirement in the Members' Code of Conduct to behave 'in accordance with all our legal obligations, alongside any requirements contained within the authority's policies, protocols and procedures'.

 

Council notes that these actions are also contrary to a number of the principles set out in the Members' Code of Conduct, namely selflessness, integrity, openness, honesty and leadership.

 

As such these actions are wholly unacceptable and inappropriate, damaging the reputation of the Council and public trust and confidence in the integrity of its democratic decision making processes.

 

Therefore the Council hereby censures Councillor John Raper for his unacceptable behaviour and actions breaching the Members' Code of Conduct."

 

2. Other Sanctions

 

       (a) That the Group Leader be asked to suspend Councillor Raper from committees for six months from the date of this censure motion.

 

       (b)            That Councillor Raper be required to apologise to the Chairman of Council and all Members of Council for his conduct.

 

3. Approved practices in the use of the electronic voting system and the Overview and Scrutiny Committee Review on time management at Full Council meetings.

 

     Additionally Council approved the following practices around electronic voting and requested an Overview and Scrutiny Committee Review on how time management at Full Council meetings could improved:

 

       (a) Any Member leaving a meeting early, to notify the Chairman when they depart and return their voting unit to the front of the room, and the time of their departure to be recorded in the minutes;

 

       (b) That the O&S Review into the start times of meetings also looks at the efficient running of proceedings at Full Council to include the length of meetings.