Agenda and minutes

To confirm as a correct record the minutes of the meeting held on 13th June 2022.

The minutes of the meeting held on 13th June 2022 were confirmed as a true record and signed.

For information, disclosable pecuniary interests and registrable interests relate to entries that are included, or should be included, on a councillor’s register of interest.  Non-registrable interests relate to any other matters.

No disclosures were made.

No questions were received.

No questions had been received.

A report of the Monitoring Officer providing an update on complaints received about breaches of the Code of Conduct and any issues arising from those complaints.

Considered a report of the Monitoring Officer providing an update on complaints received about breaches of the Members’ Code of Conduct and any issues arising from those complaints (item 5 on the agenda filed with these minutes).

The Monitoring Officer noted that there had not been any further complaints since the last meeting.

RESOLVED that the current position in respect of complaints about breaches of the Members’ Code of Conduct that have been received be noted.

Reason

To keep the Committee informed about complaints.

A report of the Monitoring Officer to enable the Committee to review the Constitution.

Considered a report of the Monitoring Officer enabling the Committee to review the parts of the Constitution that relate to its roles (item 6 on the agenda filed with these minutes).

Summary of discussion regarding amendments to Section 18:

·         Section 18.4 – reserves were permitted for the initial consideration of complaints by panels of the Member Conduct Committee and would be trained as required in accordance with Section 5.5 of the Constitution

·         Section 18.5 – the appointment of a suitable person was thought to be an improvement on the original wording as the Monitoring Officer considered that it would not be appropriate for him to carry out any investigation when his role was to advise the Panel at a hearing.  The person would be appointed depending on the complexity of the complaint, a number of private consultants or neighbouring local authority Monitoring Officers could be used.  If the complaint was a concise and isolated matter an internal officer with the requisite experience and knowledge could be appointed and it was confirmed that they would receive coaching.  These examples could be included in the Constitution but it was determined that the appointment criteria should not be restricted.

·         Section 18.10, the procedure for non-Code of Conduct complaints had been deleted as this was a duplication of Section 18.8.  it was important that this was made clear in the Constitution.

·         Access to exempt information –  it was important for the rules of access to be made clear.  All councillors could access exempt information that related to executive matters but as member conduct was covered under council matters it was not always appropriate for exempt information to be accessible.  This was clarified in section 13 of the Constitution.

Summary of discussion regarding conflicts of members interests:

·         if conflicts of members interest during a meeting were identified by the Monitoring Officer / legal team whether there were options for the councillor in question to appeal the judgement or see evidence.  It was preferrable for a councillor to review the meeting agenda prior to the meeting and to discuss with the Monitoring Officer if they had any concerns regarding a potential conflict of interest.  It was the duty of members to have due regard to any such advice given and to consider it fully even if they chose not to follow that advice.  With reference to a particular example it was noted that the previous Members’ Code of Conduct would have applied.

·         with reference to planning applications if a councillor represented a particular Ward and was attending a meeting where an application in that Ward was discussed whether this meant that the councillor had an automatic conflict of interest.  Councillors could consider planning applications in their ward but it was important for the councillor to determine if they had an open mind and had not been involved with the application in such a way as to prejudice them.  Section 7.1 (role of Ward members) of the Planning Code of Good Practice clarified that a councillor’s duty  ...  view the full minutes text for item 11.

A report of the Monitoring Officer to enable the Committee to agree a work programme to plan its future business

Considered a report of the Monitoring Officer enabling the Committee to agree a work programme to plan its future business (item 7 on the agenda filed with these minutes).

The Monitoring Officer sought member’s views regarding two long standing items on the work programme not yet scheduled to a future meeting.  The Committee considered that it would be beneficial for ‘Review of local government ethical standard by the Committee of Standards in Public Life’ and Review of the Constitution alongside CSPL recommendations’ to remain on the Committee’s work programme.

RESOLVED that the Committee’s current work programme be noted and updated in accordance with the decisions taken during the consideration of this item and other items on the agenda.

Reason

To enable the Committee to fulfil its role in promoting and maintaining high standards of conduct by councillor and co-opted members.