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
Minutes:
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 Chief Executive as appropriate, subject to the complainant being satisfied with the outcome, and subject to a summary report to the Standards Committee.
(ix) The Standards Committee are of the opinion that it is essential that the Standards Committee/ Hearing Panel has the sanctions available to it and therefore recommends that the sanctions available to the Council Meeting be delegated to the Standards Committee/ Hearing Panel.
(x) That the Group Leaders be requested to enforce any recommendation made by the Standards Committee/ Hearing Panel to remove the member from any or all Committees, withdrawing Council facilities, such as a computer, or excluding the member from the Council’s offices with the exception of meeting rooms as necessary for attending meetings of Council/Committee.
(xi) The Council Meeting is recommended to appoint two Independent Persons and that an allowance should be paid (and although outside the Members Allowance Scheme, the Independent Remuneration Panel be requested to consider what an appropriate allowance might be)
(xii) That the Monitoring Officer be authorised to commence the advertisement process, with a Panel consisting of the Monitoring Officer, and two members of the Standards Committee to short-list and interview candidates and to make a recommendation to Council Meeting on appointment.
(xiii) Those candidates should have a good understanding of the Standards Regime/ providing advice.
(xvi) The Standards Committee are of the opinion that that the current Code had largely been carefully drafted to ensure that it was legally robust and caution should be exercised in any redrafting to ensure that this remained the case. It is therefore recommended that the Code of Conduct should comprise some or all of paragraphs 3-7 of the existing Code, and (subject to the contents of the Regulations) should require registration and disclosure of interests which would currently constitute personal and/or prejudicial interests.
(xv) The Standards Committee believe it would be appropriate to include in the Code the totality of all interests.
(xvi) That all personal interests which are currently required to be registered should continue to be so.
(xvii) That the Monitoring Officer be requested to produce a separate guide for members of the public on the provisions of the Code, the mechanism for submitting complaints and the process for dealing with complaints which should be available on the Council’s website.
(xviii) That the Council Meeting considers amending its Procedure Rules (applicable to all meetings) to include a requirement that a member must withdraw from the meeting room, including the public gallery, during the whole consideration of any item of business in which the member has a DPI, except where the member is permitted to remain as a result of the grant of a dispensation.
(xix) That the Standards Committee should continue to consider dispensations subject to the Independent Person being consulted before a dispensation is granted.
(xx) That the proposals are published on the Council website prior to consideration by the Council Meeting inviting comments from members of the public and the agreed arrangements should be published in the Review.
(xxi) That Councillors/ co-opted members should attend compulsory training prior to 1 July 20012.