Agenda and draft minutes

To receive any apologies for absence.

Apologies were received from Mrs G Koosar.

To consider whether the press and public should be excluded from the meeting during consideration of any items of business on the agenda.

RESOLVED,that the press and public be not excluded from the meeting during consideration of any item on the agenda.

Members are invited to disclose any disclosable pecuniary interest they have in any item on the agenda which comprises

1          Details of any employment, office, trade, profession or vocation carried on for profit or gain.

2          Details of any payment or provision of any other financial benefit (other than from the authority) made or provided within the relevant period in respect of any expenses incurred by you in carrying out duties as a member, or towards your election expenses.  (This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992.

3          Details of any contract which is made between you (or a body in which you have a beneficial interest) and the authority

(a)       Under which goods or services are to be provided or works are to be executed; and

            (b)       Which has not been fully discharged.

4          Details of any beneficial interest in land which is within the area of the authority. 

5          Details of any licence (alone or jointly with others) to occupy land in the area of the authority for a month or longer. 

6          Details of any tenancy where (to your knowledge)

            (a)       The landlord is the authority; and

            (b)       The tenant is a body in which you have a beneficial interest.

7          Details of any beneficial interest in securities of a body where

(a)       That body (to your knowledge) has a place of business or land in the area of the authority; and

(b)       Either –

(i)      The total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body; or

(ii)     If that share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the relevant person has a beneficial interest exceeds one hundredth of the total issued share capital of that class.

In addition, you must also disclose other non-pecuniary interests set out in the Code of Conduct where these have not already been registered.

Note

A “disclosable pecuniary interest” is an interest of a councillor or their partner (which means spouse or civil partner, a person with whom they are living as husband or wife, or a person with whom they are living as if they are civil partners).

There were no disclosures of interest on this occasion.

To confirm as a correct record the minutes of the meeting held on 25 January 2021 (copy enclosed).

RESOLVED,that the minutes of the meeting held on 25 January 2021 be agreed as a correct record and signed by the Chair.

To consider a report by the Interim Monitoring Officer (copy enclosed).

Members received a report recommending some changes to the code of conduct adopted in November 2021 which reflected recent changes made by the Local Government Association to their model code.  The Council adopted a new members’ code of conduct in November 2021 based on the new model code of conduct produced by the Local Government Association. The report also asked members to approve updated guidance to be issued to all members on the new code.

The Interim Monitoring Officer explained that the Local Government Association’s model Code of Conduct been changed in updated versions, the most notable update provided guidance stating that unpaid directorships were to be treated in the same way as other registerable interests and not disclosable pecuniary interests.  Under the code of conduct adopted in November 2021 they are treated as disclosable pecuniary interests. 

Members of the Committee heard that under the Code of Conduct if a matter arose at a meeting which directly related to a Disclosable Pecuniary Interest then the member must not participate in any discussion or vote on the matter and must not remain in the room during the debate unless a dispensation had been granted. 

A discussion took place regarding the extent of the impact the code as drafted would have because, as the Interim Monitoring Officer explained, councillors would need to disclose positions such as school governorships and directorships  of voluntary organisations.

The Chair sought assurance that guidance would provide a detailed explanation to Councillors to ensure they know their responsibilities. The Interim Monitoring Officer agreed and explained that training would be provided for members of the new unitary authorities as part of their induction and could be provided for current members of the County Council.

Members were given assurance that continuity would be sought between the current code and the code of conduct for the new authorities.

RESOLVED,

(1)  the proposed changes to the code of conduct be approved and recommended to full Council for approval;

(2)  the form of guidance to be provided to members be approved.

To consider a report by the Interim Monitoring Officer (copy enclosed).

The Interim Monitoring Officer presented a report that recommended some changes to the protocol for dealing with complaints about the conduct of County Council members which was approved by the Standards Committee at its last meeting held on 25 January 2021.  It had been agreed that a review of the protocol would take place every four years to coincide with County Council elections but this did not prevent further reviews if necessary within that timescale. 

Members noted that the LGA had produced some new guidance on the complaints handling process to sit alongside the new model code of conduct.  A review had been carried out on whether any changes were required to the protocol, agreed in January 2021, to be consistent with this new guidance and the conclusion was that the protocol satisfied all the main criteria as noted in the LGA guidance.   Members were informed that the review highlighted a few areas where the protocol diverged from the guidance and these were provided in detail within the report.

Members referred to specific exceptional circumstances which allowed for evidence to be received from an anonymous complainant. The Interim Monitoring Officer cited video evidence which clearly showed a breach of the Code of Conduct as an example.

RESOLVED, that the revised protocol be approved.

To consider a report by the Interim Monitoring Officer (copy enclosed).

The Interim Monitoring Officer presented a report on complaints about breaches of the Members’ Code of Conduct received since its last meeting on 25 January 2021.

Members heard that in 2021, four matters were raised with the Monitoring Officer as potential complaints against Members, of which all had been completed. 

One of the matters was not pursued after the potential complainant failed to return a completed complaint form.

One related to the conduct of a District Council member and the complainant was therefore directed to the Monitoring Officer of the relevant District.

One of the matters raised was resolved informally through discussions with the Member who was the subject of the complaint and the complainant. The complainant was satisfied with the response. 

The final matter was investigated by the former Monitoring Officer, who concluded there was no breach and her findings were then reported to the Complainant. 

To date in 2022, four potential complaints had been raised with the Interim Monitoring Officer as potential complaints against Members. 

In respect of the first matter, it was investigated by the Interim Monitoring Officer, who concluded there was no breach and had since reported her findings to the Complainant.

The other three complaints all relate to the same matter.  Two of the complainants had recently submitted a completed complaint form, and this was currently being investigated by the Interim Monitoring Officer.

The Interim Monitoring Officer stated she was pleased with the low volume of complaints.

RESOLVED,that the report be noted.

To note that the next meeting of the Committee will be held on 28 June 2022.

It was noted that the next meeting of the Committee was scheduled to take place on 28 June 2022.