Agenda and minutes

Venue: The Guildhall, York

Contact: Jayne Carr  Democracy Officer

Items
No. Item

PART A - MATTERS DEALT WITH UNDER DELEGATED POWERS

1.

Declarations of Interest

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

Minutes:

Members were invited to declare at this point in the meeting any personal or prejudicial interests they might have in the business on the agenda.  None were declared.

2.

Minutes pdf icon PDF 43 KB

To approve and sign the minutes of the meeting of the Standards Committee held on 17 May 2012.

 

Minutes:

RESOLVED:       That the minutes of the Standards Committee meeting held on 17 May 2012 be approved and signed by the Chair as a correct record.

3.

Minutes of Sub-Committees pdf icon PDF 35 KB

To approve and sign the minutes of the Standards Committee Assessment Sub-Committee meeting held on 1 June 2012.

Minutes:

RESOLVED:       That the minutes of the Standards Committee Assessment Sub-Committee meeting held on 1 June 2012 be approved and signed as a correct record.

4.

Public Participation

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 Standards Committee, may do so.  The deadline for registering is 5:00 pm on Monday 25 June 2012.

 

Minutes:

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

5.

Joint Committee pdf icon PDF 88 KB

This report asks the Committee to recommend terms of reference for the new, non-statutory Joint Standards Committee to the member Councils.

Additional documents:

Minutes:

[See also Part B minute]

 

Consideration was given to a report that asked the Committee to recommend terms of reference for the new, non-statutory Joint Standards Committee to the member Councils.

 

The Monitoring Officer clarified the situation in respect of Parish Councils and their representation on the Joint Standards Committee.

 

It was agreed that 3.1(b) of the Terms of Reference should be amended to read “One voting member of each of the three Parish Councils”.

 

RESOLVED:       (i)      That the Councils be recommended to

confirm their agreement to the establishment of the Joint Committee with the terms of reference as annexed to the report (subject to the amendment detailed above).

 

(ii)      That a further report on the issue of dispensations be considered at a future meeting of the Joint Committee.

 

REASON:            To ensure that terms of reference are in place for the new Joint Committee.

6.

Transitional Provisions and Implementation Arrangements pdf icon PDF 91 KB

This report advises Members of transitional provisions contained in Regulations and makes further recommendations as to steps the Council may need to take as regards implementation.

Additional documents:

Minutes:

[See also Part B minute]

 

Members considered a report that advised them of transitional provisions contained in Regulations and which made further recommendations as to steps the Council may need to take as regards implementation.

 

Attention was drawn to the provision which now allowed existing independent Members to be appointed to the new role of independent person provided that the appointment was made before 1 July 2013.  There remained a requirement for the position to be advertised. 

 

The independent Members withdrew from the meeting whilst the Committee discussed interim arrangements in respect of the independent persons.

 

RESOLVED:       (i)      That the transitional provisions be noted.

 

                             (ii)      That the procedures for handling

                                      complaints be as annexed to the report.

 

                             (iii)     That an appointment panel comprising

Councillor Scott, Parish Councillor Crawford and the Monitoring Officer be nominated to make recommendations to Council in respect of the Independent Person role.

 

REASON:  To ensure the effective implementation of requirements of the Localism Act taking account of transitional provisions.

7.

Vote of Thanks

Any other business which the Chair decides is urgent under the Local Government Act 1972.

Minutes:

It was noted that this would be the final meeting of the Standards Committee.  The Chair and the Members of the Committee who would not be serving on the new Joint Committee were thanked for their contribution to the work of the Committee.

PART B - MATTERS REFERRED TO COUNCIL

8.

Code of Conduct pdf icon PDF 102 KB

This report presents a draft Code of Conduct for Members’ consideration.

Additional documents:

Minutes:

Consideration was given to a report that presented a draft Code of Conduct for Members’ consideration.  The draft Code had been prepared, as requested at the previous meeting, using the existing model as a template.

 

It was noted that NALC had recently produced a straightforward code which was being recommended to Parish Councils.  Copies of the NALC Code were tabled for information.

 

Members were asked to consider a number of questions in respect of the draft code, as detailed in the report.   The Committee agreed the following:

 

·        It would be appropriate to include a definition of when a Member is “acting as such”

·        A prohibition on Members scrutinising their own decisions was not a matter for the Code.

·        Paragraph 3.5(d) to be amended to state only that “The disclosure is reasonable; and is in the public interest; and is made in good faith”.

·        Noting that the “respect” and “disrepute” provisions had been retained, Members were content that the new filtering arrangements provided the right way to deal with this issue rather than changing the Code.

·        There was a need for the non-statutory category of interests.

·        Wording to be included in the Code to make provision for prejudicial interests.

·        The Council should be recommended to adopt a standing order requiring members with a DPI (or a prejudicial interest) to withdraw from the room.

·        There should be a requirement to register interests arising from the Council making an outside body appointment.

·        Paragraph 2.2 of the draft code to be amended to read “A co-opted member is a person who is not an elected member of the authority”

 

Members also discussed whether there should be a requirement for gifts and hospitality to be registered.  It was agreed that:

·        Members be required to register any individual gift or hospitality worth more than an estimated value of £50 which they had received by virtue of their office.

 

RECOMMEND:   (i)      That, subject to the amendments detailed

above, the draft Code of Conduct be approved and the revised copy be submitted to Council for adoption.

 

(ii)      That the new Code of Conduct be kept under review by the new Joint Standards Committee.

 

 

REASON:            To ensure that an effective Code of Conduct for Members is in place in accordance with the requirements of Localism Act.

 

 

9.

Joint Committee

Minutes:

[See also Part A minute]

 

Consideration was given to a report that asked the Committee to recommend terms of reference for the new, non-statutory Joint Standards Committee to member Councils.

 

The Monitoring Officer clarified the situation in respect of Parish Councils and their representation on the Joint Standards Committee.

 

It was agreed that 3.1(b) of the Terms of Reference should be amended to read “One voting member of each of the three Parish Councils”.

 

RECOMMEND:   (i)      That Council confirm its agreement to the

establishment of the Joint Committee with the terms of reference as annexed to the report (subject to the amendment detailed above).

 

(ii)      That the powers to deal with dispensations be delegated to the Joint Committee. 

 

(iii)     That the Monitoring Officer be appointed as Proper Office for the purpose of receiving applications for dispensation.

 

REASON:  To ensure that terms of reference are in place for the new Joint Committee.

10.

Transitional Provisions and Implementation Arrangements

Minutes:

[See also Part A minute]

 

Members considered a report that advised them of transitional provisions contained in Regulations and which made further recommendations as to steps the Council may need to take as regards implementation.

 

Attention was drawn to the provision which now allowed existing independent Members to be appointed to the new role of independent person provided that the appointment was made before 1 July 2013.  There remained a requirement for the position to be advertised. 

 

The independent Members withdrew from the meeting whilst the Committee discussed interim arrangements in respect of the independent persons.

 

RECOMMEND:   That, as an interim measure, the three existing independent Members carry out the Independent Person role pending the appointment of two Independent Persons at the Council meeting in October.

 

REASON:            To ensure the effective implementation of requirements of the Localism Act taking account of transitional provisions.

 

 

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