Agenda for Standards Committee on Tuesday, 16th September, 2008, 5.00pm
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Agenda, decisions and minutes
PDF 210 KBVenue: Committee Room 1, Hove Town Hall. View directions
Contact: Penny Jennings, Senior Democratic Services Officer
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Procedural Business
(b) Declarations of Interest by all Members present of any personal interests in matters on the agenda, the nature of any interest and whether the Members regard the interest as prejudicial under the terms of the Code of Conduct.
(c) Exclusion of Press and Public - To consider whether, in view of the nature of the business to be transacted, or the nature of the proceedings, the press and public should be excluded from the meeting when any of the following items are under consideration.
NOTE: Any item appearing in Part 2 of the Agenda states in its heading the category under which the information disclosed in the report is exempt from disclosure and therefore not available to the public.
A list and description of the exempt categories is available for public inspection at Brighton and Hove Town Halls. Minutes:
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Minutes Special Meeting Minutes of the meeting held on 23 May 2008 (copy attached) Minutes:
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Minutes of the Previous Meeting Minutes of the meeting held on 10 June 2008 (copy attached). Minutes:
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Chairman's Communications Minutes: 16.1 There were none . |
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Public Questions (The closing date for receipt of public questions is 12 noon on 8 September 2008)
No public questions received by date of publication. Minutes: 17.1 There were none. |
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Report of the Director of Strategy & Governance (copy attached) Minutes: 18.1 The Committee considered a report detailing complaints received under the new arrangements as defined by the standards Committee (England) Regulations 2008 which had come into effect on 8 May 2008 (for copy see minute book).
18.2 Councillors Watkins and Randall sought clarification regarding the complaints against Councillors referred to. The Standards and Complaints Manager explained that the investigations were complete. Draft reports had been produced and were awaiting responses from the complainant and subject Members/ . The four complaints listed related to very similar complaints from two separate members of the public about two Councillors. |
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The Role and Make-up of Standards Committees Report of the Director of Strategy & Governance (copy attached) Additional documents: Decision: RESOLVED - (1) That the contents of the guidance and officers’ comments thereon be noted ; and
(2) that the Committee agree the proposed action points set out in bold italics under each heading of the guidance. Minutes: 19.1 The committee considered a report of the Director of Strategy and Governance relative to recent guidance issued by the Standards Board for England (SBE) entitled “The Role and Make up of Standards Committee” which applied to all local authorities with Standards Committees . the report placed that recently issues guidance before the committee for information and for comment (see minute book).
On Going Member Training: Code of Conduct
19.2 The Senior Lawyer went through each of the appendices to the main report detailing the changes / proposed changes attendant on the recently issued guidance and sought the Committee’s views thereon. The training with Members which had taken place to date was noted. It was also noted that as part of a rolling programme it was envisaged that further training sessions would be arranged during the current municipal year.
Publicity / Advertising
19.3 Councillors Randall and Watkins enquired whether as “City News” had a higher circulation in a number if areas of the City than the “Argus” that this could be used in its stead, particularly as advertising costs for using that publication were likely to be lower. The Director of Strategy and Governance explained that guidance regarding the type of publications which could be used was prescriptive, but that where there was the flexibility to do so some material could be migrated to “City News” . It was noted that the new arrangements particularly relative to the local determination and initial assessment of complaints had also been extensively advertised on the Council’s website with explanatory notes and guidance .
Granting of Dispensations
19.4 The chairman referred to the e... mail sent by the Principal Solicitor prior to his retirement and to the response received from the Standards Board for England (circulated). In his view the advice given was not clear and unequivocal. He considered that the pragmatic and practical approach suggested by the Head of Law be adopted and the Committee were in agreement .
Monitoring of Effectiveness of the Code of Conduct
19.5 It was noted that this would continue to form the subject of an annual report of the Monitoring Officer.
Appointment of Additional Members
19.6 The Committee agreed that it was anticipated that greater number of assessment and hearing panels would now be required and that arrangements be made to advertise for new members with the extant committee approvals.
Members’ Period of Office
19.7 Members were in agreement that in future this would need to be staggered to ensure that once appointed a new member had time to gain experience and grow into their role and the Committee did not lose all of its experienced members together . Following discussion it was agreed that the period of appointment would be taken as running from the inception of the new legislation in May 2008 and in the case of new Members from their date of appointment .
Appointment of Substitutes to Meetings
19.8 The Chairman stated that he was of the view that in future the appointment of substitutes should not be permitted . To adopt this approach would fall into line with the advice set out in the guidance itself. It would also serve to underline the independent and non political nature of the Committee, which did not need to be politically balanced. There needed to be continuity and consistency in its decision making \and Members also needed to build up and apply specialist knowledge in the same way that was required of licensing committees, panels and other quasi judicial functions of the Council. The Chairman considered that it was important for that distinction to be made. Members of the Committee were in agreement.
19.9 RESOLVED - (1) That the contents of the guidance and officers’ comments thereon be noted ; and
(2) that the Committee agree the proposed action points set out in bold italics under each heading of the guidance. |
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Report of the Director of Strategy & Governance (copy attached) Decision: RESOLVED - (1) That the contents of the report be noted ; and
(2) That as an interim measure Members approve the use of East Sussex Fire Authority’s adopted procedures for investigation and determination of complaints developed from ACSeS best practice and amended to apply to Brighton and Hove City Council .
Minutes: 20.1 The Committee considered a report of the Director of Strategy and Governance introducing new Standards Board Guidance which would affect the Council’s adopted procedures for the local assessment, investigation and determination of complaints about Member conduct, and set out proposals as to how the guidance would be addressed (for copy see minute book).
20.2 RESOLVED - (1) That the contents of the report be noted ; and
(2) That as an interim measure Members approve the use of East Sussex Fire Authority’s adopted procedures for investigation and determination of complaints developed from ACSeS best practice and amended to apply to Brighton and Hove City Council .
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