Agenda and minutes

Members' Code of Conduct Committee - Thursday, 30 January 2020 7.30 pm

Venue: Goddard Room, Council Offices, Knowle Green, Staines-upon-Thames

Contact: Gillian Scott  Email: g.scott@spelthorne.gov.uk

Items
No. Item

20/20

Minutes pdf icon PDF 58 KB

To agree the minutes of the meeting held on 27 November 2019 as a correct record.

Minutes:

The minutes of the meeting held on 27 November 2019 were agreed as a correct record.

 

21/20

Disclosures of Interest

To receive any disclosures of interest from councillors in accordance with the Council’s Code of Conduct for members.

Minutes:

There were none.

 

22/20

Review of Planning Code

To consider proposed changes to the Planning Code.

Additional documents:

Minutes:

The Committee reviewed the proposed amendments to the Planning Code, which had been discussed at previous meetings in September and November 2019 and subsequently refined.  The most significant changes would provide:

 

1.    Clarity on the call-in procedure

2.    A more robust decision making process

3.    A process for substitutions should these be allowed by the Council.

 

Members were of the view that all members should be familiar with planning matters and attend training to improve their knowledge and effectiveness as Ward Councillors as well as from a borough perspective. 

 

The Committee noted that a substitutions policy was an item for consideration later on the agenda and that the proposed code would be checked against recently issued Local Government Association (LGA) planning guidance.

 

Resolved to recommend that Cabinet and Council approve the revised Planning Code subject to:

 

1.    The amendment of the paragraph numbered 47 to state “It is expected that all members of the Council will engage in induction and familiarisation about planning matters and this Planning Code so that as Ward Councillors they can effectively represent residents and promote the interests of the Borough as a whole.”

2.    The proposed Planning Code complying with the recently issued LGA planning guidance.

 

23/20

Substitutions Policy

To consider a report on a Substitutions Policy.

Additional documents:

Minutes:

The Committee considered a report that proposed the introduction of a substitution policy on Committees of the Council, where permitted.  A number of changes to Committee membership recently had highlighted the need for a substitution arrangement and the Leader of the Council had requested that this was explored.

 

The Committee were advised that many Surrey authorities use the substitution process successfully. It allows greater flexibility to members in attending meetings whilst maintaining political proportionality. 

 

Officers outlined the substitution process and how it was envisaged this would operate.  Concern was expressed that substitutes may not have received the appropriate training or have the relevant knowledge to fulfil the duties effectively.  The Committee were advised that alternative training methods, such as webinars, were being explored to enable members to access training using a variety of methods.  Another concern was that substitutions may be made at very short notice.

 

In view of the fact that, if the substitution policy was approved, the substitutes would be nominated at the Annual Council Meeting for the forthcoming year it was proposed that the arrangement be subject to review by this Committee six months after implementation.

 

The Committee considered the options available and resolved to recommend to Cabinet and Council the introduction of new arrangements introducing substitutes for committee meetings with a review after six months.  The Committee further recommended that there should be no limitation in the number of substitutes to allow the same number of substitutes in respect of each political group as that group holds ordinary a Committee (i.e. excluding Cabinet), while still keeping the requirement that to be eligible to substitute a member must have undergone training for those committees and that this should be a constitutional requirement.

 

24/20

Standards in Public Life - Best Practice Recommendations pdf icon PDF 109 KB

To consider a report on the best practice recommendations arising from the report of the Committee on Standards in Public Life.

Additional documents:

Minutes:

The Head of Corporate Governance presented a report outlining results of a review by the Committee on Standards in Public Life.  The purpose of the review was to assess the effectiveness of current arrangements to support and maintain high standards of conduct and ethical practice in local government and make recommendations for improvement where necessary.

 

The Committee noted that the Council already has some of the best practice recommendations in place, and considered the proposals put forward in Appendix 1 to the report.

 

Resolved to recommend to Cabinet the best practice recommendations as set out below

 

Best Practice Advice

Current Arrangements

Response agreed by Members’ Code of Conduct Committee

Best practice 1:

Local authorities should include prohibitions on bullying and harassment in codes of conduct. These should include a definition of bullying and harassment, supplemented with a list of examples of the sort of behaviour covered by such a definition.

Code of Conduct No. 9. prescribes that:

 

You must treat others with respect.  This means treating people fairly and equitably and with courtesy, compassion and sensitivity.  You should treat other people equally as you yourself would expect to be treated.  You must never use behaviour which a reasonable person would consider as offensive, overbearing, intimidating, malicious, insulting or humiliating. 

 

Inclusion of more specific reference to bullying and harassment including definitions and examples of behaviour within those definitions.

Best practice 2

Councils should include provisions in their code of conduct requiring councillors to comply with any formal standards investigation, and prohibiting trivial or malicious allegations by councillors.

Code of Conduct No. 13 prescribes that:

 

“If a complaint is made under this Code of Conduct then you must not interfere with the administration or investigation of the complaint and you must not intimidate any complainant, witness or likely witness or engage with them in any way which undermines the investigation.”

 

There is no requirement in either the Code of Conduct or the adopted

Arrangements for dealing with allegations of misconduct, to comply with any standards investigation.

 

Paragraph 25 of the Arrangements provide for “the Monitoring Officer to reject complaints which are vexatious, frivolous or malicious or which are politically motivated or in some other way an abuse of process.” There is no reference at all to ‘trivial allegations’.

The Committee agreed with the recommendation but considered that an investigation should be conducted within the shortest possible timescale, not withstanding that the matter should be properly investigated.

It was agreed that ’trivial’ is covered by the term ‘frivolous’

 

Best practice 3

Principal authorities should review their code of conduct each year and regularly seek, where possible, the views of the public, community organisations and neighbouring authorities.

The Code of Conduct was last reviewed in April 2016.

The Committee agreed that a review should be arranged

 

Best practice 4:

An authority’s code should be readily accessible to both councillors and the public, in a prominent position on a council’s website and available in council premises.

The Code of Conduct is available for viewing on  ...  view the full minutes text for item 24/20

25/20

Exclusion of the Press and Public

To move the exclusion of the Press/Public for the following item, in view of the likely disclosure of exempt information within the meaning of Part 1 of Schedule 12A to the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985 and by the Local Government (Access to information) (Variation) Order 2006.

 

Minutes:

The Panel considered whether the press and public should be excluded from the meeting during consideration of the following matter on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraph 2 of Part 1 of Schedule 12A of the Local Government Act.

 

The Panel in making its decision had regard to all circumstances and was satisfied that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

 

Resolved that in the interest of having a frank and open discussion about the matter, the press and public are excluded from the meeting.

 

26/20

Member Conduct

To receive a verbal report from the Monitoring Officer in relation to the conduct of members. The three members to which this item refers have been invited to attend the meeting.

Minutes:

The Committee agreed that Karen Limmer, Interim Monitoring Officer, should respond to the letter received from solicitors acting on behalf of three councillors.

 

It was further agreed that the informal process should end and formal action be taken.