Agenda and minutes

To appoint a Chair of the Committee.

RESOLVED:       That Councillor Runciman be appointed as Chair of the committee.

To appoint a Vice-Chair of the Committee.

RESOLVED:       That Councillor Martin be appointed as Vice-Chair of the committee.

At this point, Members are asked to declare any personal, prejudicial or disclosable pecuniary interests they may have in the business on this agenda.

Members were asked to declare any personal, prejudicial or disclosable pecuniary interests they may have in the business on the agenda.  None were declared.

To approve and sign the minutes of the meeting of the Standards Committee held on 26 June 2012.

RESOLVED:       That the minutes of the Standards Committee held on 26 June 2012 be approved and signed by the Chair as a correct record.

To approve and sign the minutes from the Joint Standards Committee Sub-Committee meeting held on 2 August 2012. 

RESOLVED:       That the minutes of the Joint Standards Committee Sub-Committee meeting held on 2 August 2012 be approved and signed as a correct record.

At this point in the meeting, members of the public who have registered their wish to speak, regarding an item on the agenda or an issue within the remit of the Joint Standards Committee, may do so.  The deadline for registering is 5:00 pm on Tuesday 11 September 2012.

It was reported that there were no registrations to speak at the meeting under the council’s Public Participation Scheme.

This report provides Members with information regarding progress with the implementation of the new standards arrangements by Councils in York.

[See also Part B minute]

Members considered a report that provided information regarding progress with the implementation of the new standards arrangements by councils in York.

(i)           Codes of Conduct

It was noted that the City Council had adopted a Code at its July Council meeting.  Each Parish Council had also had to adopt its own Code.  They had been asked to confirm that they had done so but a number of these were still outstanding.  Members requested that they be notified as to which parish councils had contacted City of York Council with confirmation of the Code they had adopted.¹

City of York Council would be arranging training on this issue and details would be circulated to the committee when these were available.²

(ii)          Independent Persons

An update was given on the appointment of the Independent Persons.  Four applications had been received to date.  Consideration was given to the interview arrangements.  It was the intention that the interview panel’s recommendation would be considered by Council at their meeting on 11 October 2012.

Consideration was given as to whether the Independent Persons would have speaking rights at meetings of sub-committees of the Joint Standards Committee.  It was agreed that they would but that this would be kept under review.

RESOLVED:       (i)      That the report be noted.

(ii)          That the interview panel for the appointment of Independent Persons be:

Chair (or Vice-Chair if Chair not available)

Parish Councillor Crawford

Mrs Bainton or Mr Dixon

Monitoring Officer in an advisory capacity

REASON:  (i)      To ensure that Members are kept updated

on the implementation of the new arrangements.

(ii)          To progress the appointment of the Independent Persons.

This report provides Members with information regarding the processing of complaints that Members of the City or Parish Councils may have breached the Code of Conduct.

Members considered a report that provided information regarding the processing of complaints that Members of the City or Parish Councils may have breached the Code of Conduct. 

It was noted that when complaints were received the initial assessment decision generally fell to the Monitoring Officer in consultation with the independent persons.  In order to allow Members to have proper oversight of the decisions being made it was therefore intended that regular monitoring reports would be presented to the Committee.  Members were asked to consider the format in which they would wish to received this information. 

Discussion took place as to whether or not the data should be made anonymous.  Concerns were expressed about the appropriateness of naming a Member if the complaint proved to be malicious or unfounded.  Views were also put forward that making public the name of the Member concerned was one of the few sanctions available if a complaint was upheld.  It would also ensure effective scrutiny of the decisions that had been taken. It was agreed that a way forward would be for the Member to be named if the complaint was upheld but that the Member would not be named if the complaint was dismissed unless the Committee requested this information.

It was agreed that a protocol on the handling of complaints should be established.  The Monitoring Officer was asked to draft a protocol and circulate this for consideration prior to the next meeting.   It was also agreed that decision notices would be emailed to Committee Members to demonstrate the format that was currently in use¹.

RESOLVED:       (i)      That the report be noted.

(ii)      That, at the next meeting, consideration be given to a protocol for the handling of complaints that Members of the City or Parish Councils may have breached the Code of Conduct.

REASON:            To ensure that effective arrangements are in place to enable Members to monitor complaints.

The Committee will be invited to consider a work plan for the year.

Members were asked to consider a work plan for the year. 

It was agreed that the following items would be considered at future meetings:

·        Review of new Code of Conduct

·        Registering of interests

·        Protocol for the handling of complaints and review of assessment criteria

·        Quarterly report on complaints

·        Dispensations

·        Planning Code of Practice

·        Review of the Member/Officer Protocol

RESOLVED:       That the items listed above be included in the Committee’s Work Plan¹. 

REASON:            To ensure that the Committee has a planned programme of work in place.

[See also Part A minute]

Members considered a report that provided information regarding progress with the implementation of the new standards arrangements by councils in York.

Independent Persons

An update was given on the appointment of the Independent Persons.  Four applications had been received to date.  Consideration was given to the interview arrangements.  It was the intention that the interview panel’s recommendation would be considered by Council at its meeting on 11 October 2012.

RECOMMEND:            That Council be invited to make the recommended appointments.

REASON:                     To ensure that the requirements of section 27 of the Localism Act 2011 are met.