Agenda item

Report of the Head of Legal, HR and Democratic Services regarding proposals for changes to the standards regime brought about by the Localism Act 2011, attached.

The Committee considered the report of the Head of Legal, HR and Democratic Services regarding proposals for changes to the standards regime brought about by the Localism Act and recommending proposals for the drawing up of a revised Code of Conduct for adoption by Council, together with arrangements for dealing with complaints where a Member has breached the Code.  (Copy of the report circulated with the agenda and appended to the signed minutes).

The Committee was informed that the revised local Code of Conduct for Members, which the Council needed to develop to replace the national standards framework, remained “work in progress” until regulations under the Act were finalised but that arrangements for the new standards regime needed to be in place for 1^st July 2012.

RESOLVED

(i)  that a further update report be submitted to a later meeting of the Committee once further clarification had been received regarding the remaining detail of the revised standards regime;

(ii)  that an additional meeting be arranged for the Committee to give further consideration to the draft Code of Conduct prior to it being presented to Council for adoption;

(iii)  that the Committee recommend to Council the proposed arrangements as outlined in the repor:-

(a)   that authority be delegated to the Head of Legal, HR and Democratic Services to:-

1.  advertise for and appoint two Designated Independent Persons;

2.  appoint two independent co-opted members from the current appointees to serve on the proposed Governance Committee on standards issues only from 1st July 2012;

(b)   that once the new Standards Regime has come into force on 1^st July 2012:-

1.  the role of the current Audit Committee be extended to one of overall governance and from that committee a Standards Sub Committee be formed;

2.  the Standards Sub Committee consist of three Members, politically balanced, together with two co-opted and non voting independent members to deal with any Code of Conduct issues that may be referred to it by the Monitoring Officer and that it has the terms of reference as outlined;

3.  that authority be delegated to the Monitoring Officer, after consultation with a Designated Independent Person, to where appropriate

(i) determine whether a complaint in relation to Member misconduct merits formal investigation

(ii) refuse to accept complaints that are trivial, vexatious, repetitive or political and at his discretion to refer such decisions on investigation to the Standards Sub Committee (iii) agree local settlements;

4.  that power be delegated to the Standards Sub Committee to take such actions as it lawfully can in respect of a Member who is found to have failed to comply with the Code of Conduct but that in addition an appeal process involving a committee of the same composition but different people;

5.  that authority be delegated both the Monitoring Officer and Standards Sub to grant dispensations under the Act;

6.  that the Designated Independent Persons be paid an annual retainer of £645.00 and that this be reviewed annually; and

7.  that the current Code remain in place until a revised code of conduct is adopted by Council.