Issue - meetings

To consider a report of the Executive Councillor (Support & Governance).

The Executive Councillor (Supporting Places) (Councillor Martin Candler) submitted a report (copies of which had been circulated) detailing proposed amendments to Article 11 of the Constitution relating to the Standards Committee based on the recommendations made by the Standards Committee, Constitution Working Party and the Corporate, Resource Management & Governance Scrutiny Committee.

RESOLVED – That approval be given to the changes to Constitution as set out in the report relating to the Standards Committee (Part 2 Article 11 and Part 3 Scheme of Delegation, Appendix 6).

To consider a report of the Executive Councillor (Support & Governance)

The report sets out proposed changes to Article 11 within the Constitution in relation to the Standards Committee. The report has been considered by the Standards Committee, Constitution Working Party and Corporate, Resource Management & Governance Scrutiny Committee.

The Executive Meeting is requested to recommend the Council Meeting to approve the changes to the Constitution set out in the report, subject to the inclusion of the following within Article 11:-

“The Role of the Independent Member

Independent members provide an independent and impartial presence on the Standards Committee and make a real contribution to the fairness and integrity of the standards process.

The Chair and Vice-Chair will be elected at the first meeting of the municipal year for a period up to the Council’s Annual Meeting and should be one of the Independent Members. The Chair of the Standards Sub-Committee should also be one of the Independent Members.

Independent Members will be treated as if non-voting Co-opted Members of the Authority for the duration of their membership of the Standards Committee.”

Officer Contact: Craig Ainsworth on 0161 474 3204 or email: craig.ainsworth@stockport.gov.uk

The Executive Councillor (Supporting Places) and Chair of the Constitution Working Party submitted a report (copies of which had been circulated) inviting the Executive to consider recommendations made by the Standards Committee, Constitution Working Party and the Corporate, Resource Management & Governance Scrutiny Committee on proposed changes to Article 11 of the Constitution relating to the Standards Committee.

RESOLVED – That the Council Meeting be recommended to approve the changes to Constitution as set out in the report relating to the Standards Committee (Part 2 Article 11 and Part 3 Scheme of Delegation, Appendix 6), subject to the inclusion of the following within Article 11:-

“The Role of the Independent Member

Independent members provide an independent and impartial presence on the Standards Committee and make a real contribution to the fairness and integrity of the standards process.

The Chair and Vice-Chair will be elected at the first meeting of the municipal year for a period up to the Council’s Annual Meeting and should be one of the Independent Members. The Chair of the Standards Sub-Committee should also be one of the Independent Members.

Independent Members will be treated as if non-voting Co-opted Members of the Authority for the duration of their membership of the Standards Committee.”

To consider a report of the Monitoring Officer.

The report sets out proposed changes to Article 11 within the Constitution in relation to the Standards Committee.

The Constitution Working Party at its meeting on 25 November made the following comments:

·         The independent members of the Standards Committee provided a very worthwhile contribution to the work of the Standards Committee and it was imperative that their importance continued to be emphasised. This should be reflected to a greater extent in the report. It was confirmed that the Chair and Vice Chair of the Standards Committee would continue to be independent members.

·         It was suggested that training for all councillors on standards issues should be mandatory. This was also the view of the Standards Committee. The Corporate, Resource Management and Governance Scrutiny Committee had also expressed a wish for councillors to be trained when they serve on other bodies, including the Standards Committee. If substitute members were to be permitted, then it was imperative that they had been trained on standards issues.

·         If the voting members of the Standards Committee (ie, the councillors) passed a resolution that was in opposition to the views of the independent members, then this should be recorded in the Minutes. The collective views of the independent members should also be recorded in the Minutes.

·         The issue raised at a previous meeting of the Working Party with regard to whether the Independent Persons were bound by the Code of Conduct had been addressed in the report

The Scrutiny Committee is requested to comment on the proposed changes to ‘Article 11 – Standards Committee’, as set out in the appendix to the report, going forward via the Executive Meeting for adoption by the Council Meeting on 28 January 2016 subject to the inclusion of the following within Article 11:

“The Role of the Independent Member

Independent members provide an independent and impartial presence on the Standards Committee and make a real contribution to the fairness and integrity of the standards process.

The Chair and Vice-Chair will be elected at the first meeting of the municipal year for a period up to the Council’s Annual Meeting and should be one of the Independent Members. The Chair of the Standards Sub-Committee should also be one of the Independent Members

Independent Members will be treated as if non-voting Co-opted Members of the Authority for the duration of their membership of the Standards Committee.”

Officer Contact: Craig Ainsworth on 0161 474 3204 or email: craig.ainsworth@stockport.gov.uk

The Monitoring Officer submitted a report (copies of which had been circulated) setting out proposed changes to Article 11 within the Constitution in relation to the Standards Committee.

 It was reported that the Constitution Working Party at its meeting on 25 November had made the following comments:

·         The independent members of the Standards Committee provided a very worthwhile contribution to the work of the Standards Committee and it was imperative that their importance continued to be emphasised. This should be reflected to a greater extent in the report. It was confirmed that the Chair and Vice Chair of the Standards Committee would continue to be independent members.

·         It was suggested that training for all councillors on standards issues should be mandatory. This was also the view of the Standards Committee. The Corporate, Resource Management and Governance Scrutiny Committee had also expressed a wish for councillors to be trained when they serve on other bodies, including the Standards Committee. If substitute members were to be permitted, then it was imperative that they had been trained on standards issues.

·         If the voting members of the Standards Committee (i.e., the councillors) passed a resolution that was in opposition to the views of the independent members, then this should be recorded in the Minutes. The collective views of the independent members should also be recorded in the Minutes.

·         The issue raised at a previous meeting of the Working Party with regard to whether the Independent Persons were bound by the Code of Conduct had been addressed in the report

The Executive Councillor (Support and Governance) (Councillor Iain Roberts) attended the meeting to respond to Members’ questions.

RESOLVED – That the Executive be requested to recommend the Council Meeting to approve the changes to the Constitution set out in report subject to the inclusion of the following within Article 11:

“The Role of the Independent Member

Independent members provide an independent and impartial presence on the Standards Committee and make a real contribution to the fairness and integrity of the standards process.

The Chair and Vice-Chair will be elected at the first meeting of the municipal year for a period up to the Council’s Annual Meeting and should be one of the Independent Members. The Chair of the Standards Sub-Committee should also be one of the Independent Members

Independent Members will be treated as if non-voting Co-opted Members of the Authority for the duration of their membership of the Standards Committee.”

To consider a report of the Monitoring Officer

The report sets out proposed changes to Article 11 within the Constitution in relation to the Standards Committee.

The Working Party is requested to comment on the proposed changes to ‘Article 11 – Standards Committee’, as set out in the appendix to the report, going forward via the Corporate, Resource Management and Governance Scrutiny Committee and Executive Meeting for adoption by the Council Meeting on 28 January 2016.

Officer Contact: Craig Ainsworth on 0161 474 3204 or email: craig.ainsworth@stockport.gov.uk

The Monitoring Officer submitted a report (copies of which had been circulated) setting out proposed changes to Article 11 within the Constitution in relation to the Standards Committee. The report would subsequently be considered by the Corporate, Resource Management and Governance Scrutiny Committee at its meeting to be held on 8 December 2015, the Executive Meeting on 5 January 2016 and the Council Meeting on 28 January 2016.

The following comments were made/issues raised:-

·         The independent members of the Standards Committee provided a very worthwhile contribution to the work of the Standards Committee and it was imperative that their importance continued to be emphasised. This should be reflected to a greater extent in the report. It was confirmed that the Chair and Vice Chair of the Standards Committee would continue to be independent members.

·         It was suggested that training for all councillors on standards issues should be mandatory. This was also the view of the Standards Committee. The Corporate, Resource Management and Governance Scrutiny Committee had also expressed a wish for councillors to be trained when they serve on other bodies, including the Standards Committee. If substitute members were to be permitted, then it was imperative that they had been trained on standards issues.

·         If the voting members of the Standards Committee (ie the Councillors) passed a resolution that was in opposition to the views of the independent members, then this should be recorded in the Minutes. The collective views of the independent members should also be recorded in the Minutes.

·         The issue raised at a previous meeting of the Working Party with regard to whether the Independent Persons were bound by the Code of Conduct had been addressed in the report.

RESOLVED– That the comments of the Working Party be forwarded to the Corporate, Resource Management and Governance Scrutiny Committee for consideration.

To consider a report of the Monitoring Officer.

The Standards Committee is invited to comment on proposed changes to Article 11 within the Constitution in relation to the Standards Committee. The Committee at its last meeting on 22 June 2015 fully supported refresher training being provided in relation to ‘Standards’ to all Councillors to ensure that they are aware of:

• The complaints process
• The resources involved in investigating a complaint
• Issues relating to the use of social media

and requested that the Member Learning and Development Committee be informed of this Committee’s views.

The Committee is invited to comment on the proposed changes.

Officer contact: Craig Ainsworth, Tel: 0161 474 3204,  or email craig.ainsworth@stockport.gov.uk

The Monitoring Officer submitted a report (copies of which had been circulated) inviting the Committee to comment on proposed changes to Article 11 within the Constitution in relation to the Standards Committee. The Committee at its last meeting on 22 June 2015 fully supported refresher training being provided in relation to ‘Standards’ to all Councillors to ensure that they are aware of:

• The complaints process

• The resources involved in investigating a complaint

• Issues relating to the use of social media

and requested that the Member Learning and Development Committee be informed of this Committee’s views

The following comments were made/issues raised (proposed changes in bold):-

·         Paragraph 10.1 “Composition” (a) “General”     

o   the first sentence be amended to read “TheStandards Committee and the Standards Sub-Committee will becomposed of the following members:-“

o   Point “iii)” is deleted.

·         Paragraph 10.1 “Composition” (b) “Chair and Vice Chair” the paragraph is amended to read “The Chair and Vice-Chair will be elected at the first meeting of the municipal year for a period up to the Council’s Annual Meeting and should be one of the Independent Members. The Chair of the Standards Sub-Committee should also be one of the Independent Members.”

·         Paragraph 10.9 “Quorum” be amended to read “The quorum for meetings of the Standards Committee or a sub-committee of the Standards Committee shall be 4 members including at least 1 independent member and 3 councillors. Where at least 1 independent member or councillor would have been present but for the fact that he or she has a prejudicial interest in the business to be transacted the quorum for the meeting shall be any 3 members.”

·         Paragraph 10.10 “Sub Committee”, the first sentence of the second paragraph be deleted so it reads “Substitutes will be permitted in the same way as for the Standards Committee”

RESOLVED – That subject to the above suggested amendments; this Committee would support the proposed changes to Article 11 within the Constitution in relation to the Standards Committee.