Meeting documents

Standards Committee
Thursday, 19th June, 2008

held at Ryedale House, Malton on Thursday 19 June 2008

Link to agenda for Standards Committee 19 June 2008.

Present
Councillors Aslett, Cussons and Mrs De Wend Fenton
 
Mrs G Baker - Independent Member
Mrs G De Barr - Parish Representative
Mr C Langley - Independent Member
Mr H Spencer - Parish Representative
 
In Attendance

Mrs A Adnitt and A Winship

Minutes

51 Election of Chairman

Resolved
 
That Mr Hamilton be elected Chairman of the Standards Committee for the ensuing year.
 
52 Appointment of Vice Chairman
 
Resolved
 
That Mr Langley be appointed Vice Chairman of the Standards Committee for the ensuing year.
 
Mr Langley thanked members for his appointment.
 
53 Apologies for Absence
 
Apologies for absence were received from Councillors Cottam and Maud. Mr Hamilton and Mr Lerew.
 
54 Minutes
 
The minutes of a last meeting of the Standards Committee held on 3 April 2008 were presented.
 
Resolved
 
That the minutes of a meeting of the Standards Committee held on 3 April 2008 be approved and signed by the Chairman as a correct record.
 
55 Urgent Business
 
The Chairman declared that there were no items of urgent business to be dealt with as a matter of urgency by virtue of Section (100B(4)(b) of the Local Government Act 1972.
 
56 Declarations of Interest
 
No declarations of interest were received.
 
57 Standards Board for England Bulletin 38
 
The Council Solicitor submitted a report (previously circulated) the purpose of which was to inform Members of the Committee of the latest Standards Board Bulletin 38.
 
A copy of the Bulletin published on the 25 April 2008 was appended to the report.
 
The Council Solicitor reported that the following items were worthy of note:
  • A summary of the Standards Committee (England) Regulations 2008
  • Advice on dealing with complaints from the public
  • An update on the new local reporting system
  • Details of the press toolkit
Resolved
 
That the report be noted.
 
58 The Role and Make up of Standards Committees
 
The Council Solicitor submitted a report (previously circulated) in order to propose effective procedures to implement Local Assessment having due regard to the published guidance of the Standards Board of England entitled “ The Role and Make up of Standards Committees”.
 
A copy of the guidance was appended to the report, it gave the Standards Board for Englands view on the role and make up of Standards Committees. Members were advised that the regulations were mandatory, and that guidance must be taken into account by the authority.
 
The report covered the following key areas:
  • Standards Committee Functions - in addition to including the new statutory functions in the Committee’s terms of reference, which had already been completed, the guidance also suggested that the function of advising the Council on the appointment of Independent Members should be set down in the Committee’s terms of reference.
  • Standards Committee size and composition – The guidance advised that it was now a legal requirement for the Chairman and any Vice Chairman of the Standards Committee to be an Independent Member.
  • Independent Members – The guidance suggested that Independent Members should be appointed for a fixed term, of between one and four years, and serve a maximum of two terms.
  • Standards Committee Operation – a Sub Committee must now be appointed to assess complaints and review all decisions to take no action over a complaint. A further sub committee could be appointed to consider a Monitoring Officer’s final investigation report and consider determination hearings.
  • The Committee discussed the report in detail and it was

Resolved

That the following recommendations be made to Council:

a) That the appointment of Independent Members be added to the Committee’s Role and Function, and that accordingly the terms of reference of the Standards Committee be amended.

b) That Article 8.02 of the Constitution be amended to require that both the Chairman and Vice Chairman of the Standards Committee should be Independent Members of the Standards Committee.
 
59 Local Assessment of Member Misconduct Allegations
 
The Council Solicitor submitted a report (previously circulated) in order to advise Members of the new arrangements for the determination by Standards Committee’s on complaints of breaches of the Members’ Code of Conduct in place of the Standards Board for England. Following the guidance from the Standards Board of England, effective procedures needed to be adopted, in order to fulfil the legislative requirements in relation to Local Assessment.
 
The Standards Board of England had issued guidance with respect to the local assessment of complaints and the role and make up of Standards Committees. A copy of the guidance document entitled “Local Assessment of Complaints” was appended to the report. By law the Council was required to have due regard to this guidance in setting up its new procedures and in undertaking the new function.
 
The following key issues were detailed in the report along with recommendations from the Monitoring Officer:
  • Sub Committees
  • Joint Working between Authorities
  • Notification to the Member
  • Local Resolution of Complaints
  • Filtering out Irrelevant Complaints
  • Anonymous Complaints
  • Multiple Complaints
  • Pre-Investigation
  • Timescale for Initial Assessment of Allegations
  • Public or Private Meetings
  • Notification following initial assessment
  • Review of initial assessment
  • Publicity for the new arrangements

Also included with the report was the following documentation;

  • Assessment Flowchart
  • Review flowchart
  • Terms of Reference of the Assessment Sub Committee
  • Terms of Reference of the Review Sub Committee
  • Terms of Reference of the Hearing Sub Committee
  • Monitoring Officer Protocol on the discharge of functions in relation to the assessment and review of allegation that a member of the Authority has failed to comply with the Code of Conduct.
  • Criteria for decisions by the Assessment Sub Committee and the Review Sub Committee
Members discussed each recommendation in detail, and were of the opinion that the proposals contained in the report would provide effective procedures, in accordance with the guidance received from the Standards Board of England, which would fulfil the legislative requirements in relation to Local Assessment.
 
In relation to Anonymous Complaints, it had been recommended that no action be taken. However Members were of the opinion that this should be amended, and Anonymous Complaints be investigated if there was further independent evidence to substantiate the complaint.
 
The Committee congratulated the Monitoring Officer for a very comprehensive and detailed report.
 
Resolved
 
That the report be received and the recommendations as listed below be adopted, subject to the amendment regarding anonymous complaints.
 
a. That as with the Council’s Licensing Sub-Committee, the Membership and Chairmanship of the three sub committees be not fixed, but instead the Monitoring Officer in consultation with the Chairman of the Standards Committee be authorised to constitute each of the Sub Committees comprising one District Councillor, one Independent Member and one Parish Representative from meeting to meeting having regard to Member availability and any other relevant factors such as actual or potential conflicts of interest.
b. That an Assessment Sub Committee be established comprising one Independent Member, one elected Member of the District Council and one parish or Town Council representative with the terms of reference as set out in the report at annex 1.
c. That a Review Sub Committee be established comprising one Independent Member, one elected Member of the District Council and one Parish or Town Council representative with the terms of reference as set out in the report at annex 2.
d. That a Hearings Sub-Committee be established, comprising one Independent Member, one elected member of the District Council and one Parish or Town Council representative, and that the members thereof be generally (but not exclusively) Members who have not been involved on the assessment or review of the particular matter. The terms of reference of the Hearings Sub-Committee were set out in Annex 3 of the report.
e. That the potential for joint working be explored with other North Yorkshire authorities once the appropriate Regulations were made.
f. That a report be submitted to a future meeting of the Standards Committee in relation to making appointments of independent persons to the Standards Committee on a temporary basis for dealing with particular complaints, from independent persons who serve on other authorities’ Standards Committees.
g. That the Monitoring Officer notify the Member of receipt of a complaint and provide a written summary of the allegation at the same time as acknowledging receipt of the allegation to the person making the allegation and no later than the date the agenda is sent out for the meeting of the Assessment Sub-Committee, unless, after consultation with the Chairman of the Standards Committee, it was considered appropriate to defer notification in order to enable a proper investigation to take place. In such cases notification would be made as soon as the reasons for the deferral no longer apply.
h. That a local protocol as set out in Annex 4 to this report be adopted authorising the Monitoring Officer to seek such local resolution in appropriate cases.
i. That the criteria set down in Annex 5 to this report with respect to the assessment and review function be adopted.
j. That anonymous complaints will only be considered if there is independent evidence to substantiate the complaint, but that the Monitoring Officer be authorised to the extent the law allows to keep the identity of the complainant confidential where he/she is of the opinion that this is in the public interest.
k. That in accordance with the local protocol attached as Annex 4 to the report, where it was practicable to do so the Monitoring Officer obtain and inform the Assessment Sub-Committee of any publicly available information which would facilitate their task of determining whether a complaint merits investigation.
l. That the Assessment and Review Sub-Committees hold their meetings in camera unless the relevant Sub-Committee determine otherwise in any particular instances.
m. That the Standards Committee approve a protocol in the terms set out in Annex 4 to the report setting out the responsibilities and discretions of the Monitoring Officer in the provision or withholding of information relating to complaints.
n. That the Monitoring Officer arrange appropriate publicity in accordance with the Regulations and Guidance.
 
60 Written Allegations of Misconduct – Complaints Procedure
 
The Council Solictor submitted a report (previously circulated) in order to consider and approve a complaints form, and guidance information for potential complainants.
 
Members were advised that Regulation 10 of the Standards Committee (England) regulations 2008 required the Standards Committee to publish details of the address to which written allegations should be sent, along with details of the procedure for making written allegations.
 
A draft Complaints form, and guidance document were appended to the report.
 
Resolved
 
That the report be received, and the Council Solicitor be authorised to publish the guidance notes and complaints form.
 
61 Changes to the Local Government Ombudsman’s Jurisdiction and Operation
 
The Council Solicitor submitted a report in order to appraise Members of the changes to the Local Government Ombudsman’s Jurisdiction and Operation.
 
Members were reminded that one of the Committee functions was to consider and make recommendations to Council in respect of any report of the Local Government Ombudsman in cases of maladministration relating to the conduct of Members. The Local Government and Public Involvement in Health Act 2007 had introduced some changes to the Local Government Ombudsman’s (LGO’s) jurisdiction and operation. The changes applied to complaints received and matters coming to the attention of an Ombudsman on or after 1 April 2008.
 
The report then summarised the changes in the following areas:
  •  Making Complaints
  •  Apparent Maladministration – Third party injustice
  •  Persons affected
  •  Maladministration without Injustice
  •  Reports, statements of reasons and publicity
  •  Partnership working
  •  Procurement
  •  Maladministration and service failures
  •  Standards Board/Standards Committee

Resolved

That the report be received, and the changes noted.

62 Guidance for Members involved in the Malton Development Strategy Steering Group or any other Local Development Framework Member Working Party
 
The Council Solicitor submitted a report (previously circulated) to enable the Committee to consider draft guidance intended to be issued by the Monitoring Officer to District Councillors.
 
A Guidance document for Members involved in the Malton Development Strategy Steering Group or any other Local Development Framework Member reference group was annexed to the report.
 
Members were reminded that it was essential that the decision making process of the Council and its Committees in relation to the development of planning policy through the Local Development Framework was open, transparent and accountable and that good public involvement was built into the decision making process.
 
Members were of the opinion that the guidance document was very useful and provided general guidance on issues which were known to be of concern to Members. The guidance was discussed in detail, and it was suggested that the guidance notes be circulated to Councillors, relevant Officers and be added to the agenda for the next Malton Strategy Steering Group.
 
Resolved
 
That the guidance prepared by the Monitoring Officer be noted, and the Monitoring Officer be authorised to circulate the guidance to all Members, and be included on the agenda for the next meeting of the Malton Strategy Steering Group.
 
63 Applications for a Dispensation
 
The Council Solicitor advised that he had received a further application for dispensation from the following Members of Harome Parish Council for a period of three years:
 
(i) Mr Trevor Andrews
(ii) Mr C G Pickard
(iii) Mr Edward Wardle
(iv) Mr Ian B Rooke
 
An application for dispensation was originally considered by the Standards Committee meeting on 3 April 2008, in relation to three Members of Harome Parish Council. Because of the illness of one Member, an application had subsequently been submitted in respect of four Members. It was considered expedient to consider all the applications together.
 
More than fifty percent of the Members of the Parish Council were involved directly or indirectly with the Harome Village Hall Committee and therefore had a Personal and Prejudicial interest whenever the agenda included an item relating to the Harome Village Hall Committee Association.
 
The Standards Committee concluded that in all circumstances of the code, it was appropriate to grant a dispensation to Parish Council Members applying for the dispensation.
 
Resolved
 
1. That the Standards Committee considered that it was appropriate to Grant a dispensation to the applicants having regard to the fact the transaction of the business of the Parish Council would, on each occasion on which the dispensation would apply, be otherwise be impeded because the numbers of Members of the Harome Parish Council that were prohibited from participating on the business of the Council exceeded 50% of those Members that are entitled to participate.
 
2. That the Standards Committee for the Ryedale District hereby grants dispensation for a period of 3 years to Mr Trevor Andrews, Mr C G Pickard, Mr Edward Wardle and Mr Ian B Rooke being Members of the Harome Parish Council pursuant to the Relevant Authorities (Standards Committee) (Dispensations) Regulations 2002 allowing them to Participate by speaking and voting at a meeting of Harome Parish Council.
 
64 Training for Members of Standards Committee
 
The Councillor Solicitor submitted a report previously circulated in order to consider training arrangements for Members of the Standards Committee.
 
Members were reminded that following the recent procedural changes a need for further training for Members of the Standards Committees had been identified.
 
The Standards Board for England had published a training exercise comprising of twelve cases, it was considered that now there was greater clarity on the assessment criteria for referring written allegations for investigation, it was particularly timely to arrange a training session.
 
Resolved
 
That a training session be included on the agenda for the next Standards Committee meeting to be held on 17 July 2008.
 
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