Agenda and minutes

To approve as a correct record and sign the Minutes of the meeting held on 3 January 2012

The Minutes (copies of which had been circulated) of the meeting held on 3 January 2012 were approved as a correct record and signed by the Chair.

Councillors and officers to declare any interests which they have in any of the items on the agenda for the meeting.

No declarations of interest were made.

To report any urgent action taken under the Constitution since the last meeting of the Committee.

No urgent decisions were reported.

Members of the public are invited to put questions to the Chair on any matters within the powers and duties of the Committee, subject to the exclusions set out in the Code of Practice.  (Questions must be submitted no later than 30 minutes prior to the commencement of the meeting on the card provided.  These are available at the meeting and at local libraries and information centres. You may also submit your question by email to democratic.services@stockport.gov.uk).

No questions were submitted.

To consider a report of the Monitoring Officer (To follow)

To consider a report updating the Committee on the future of the ethical standards framework for Stockport.

Officer contact: Barry Khan, Telephone number 474 3202, email: barry.khan@stockport.gov.uk

The Monitoring Officer reminded the Committee that over the last twelve months, it had received regular reports in relation to the future Ethical Framework in Local Government and that the Chair together with the himself had met individually with the Group Leaders to discuss the implications of the Localism Act, and at the last meeting it was agreed to establish a Working Party to propose arrangements to the Council Meeting which would comply with the Standards requirements as set out in the Localism Act.

The Chair reported that the Standards Working Party had met on three occasions and invited the Committee to consider the Working Parties recommendations.

RESOLVED – That this Committee would wish to make the following recommendations:

(i)            The Council Meeting be recommended to retain a Standards Committee comprising of:

·         such number of Councillors (at least four) as may be determined by the Annual Council Meeting;

·         such number of Independent members as may be sufficient to ensure a majority of Independent Members;

·         three members of any Parish Council wholly or mainly in Stockport (a "Parish Member", who must be present when matters relating to Parish Councils or their members are discussed).

(ii)          Substitutes should not be permitted

(iii)         The Chair and Vice-Chair of the Standards Committee should both be Independent Members.

(iv)         The Council Meeting is recommended to appoint one Hearing Panel to hold a hearing at which the member complained of may respond to the investigation report and the Hearing Panel can determine whether the member did fail to comply with the Code and what action, if any is appropriate. The Panel should comprise of five members of the Standards Committee.

(v)          The quorum for meetings of the Standards Committee or Hearing Panel shall be 3 members including a majority of independent members. 

(vi)         That the Council Meeting be recommended to delegate to the Monitoring Officer the initial decision on whether a complaint should be investigated, subject to consultation with the Independent Person, and with the Chief Executive if the Monitoring Officer considers this appropriate, and with the flexibility to refer particular complaints to the Standards Hearing Panel if the Monitoring Officer feels that it would be inappropriate for him/her to take the decision. These arrangements should also offer the opportunity for the Monitoring Officer, in consultation with the Chief Executive as appropriate, to seek to resolve a complaint informally, before taking a decision on whether the complaint merits formal investigation – an opportunity that has not been available under the statutory scheme of the 2000 Act. The Monitoring Officer would then report to each scheduled Standards Committee meeting on the number and nature of complaints received and decisions taken on them.

(vii)        That the Monitoring Officer be given delegated authority to receive complaints, to seek informal resolution wherever possible, and, in consultation with the Independent Person and with the Chief Executive if appropriate, to determine whether a complaint merits formal investigation, and to arrange such investigation. Where an investigation finds “no failure to comply”, the Monitoring Officer be authorised to close the matter, in consultation with the Independent Person, and with the Chief Executive if appropriate, reporting the outcome to the Standards Committee. Where an investigation finds a failure to comply with the Code, the Monitoring Officer, in consultation with the Independent Person, and with the Chief Executive if appropriate, be authorised to seek local resolution to the satisfaction of the complainant in appropriate cases. Where such resolution is not possible, the matter is to be referred to the Standards Hearing Panel for consideration. The Standards Hearing Panel to have delegated authority to take a decision on the action to be taken in respect of a member who, following a hearing has been found to have failed to comply with the Code.

(viii)      That the Monitoring Officer be given delegated authority to agree a local resolution, in consultation with the Independent Person, and with the  ...  view the full minutes text for item 5.