Agenda and minutes

To approve as a correct record and sign the Minutes of the meeting held on 1 September 2014.

The Minutes (copies of which had been circulated) of the meeting held on 19 November 2013 were approved as a correct record and signed by the Chair.

Members 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.

Members of the public are invited to put questions to the Chair of the Committee 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 prior to the commencement of the meeting on the cards provided. You can also submit via the Council’s website at www.stockport.gov.uk/publicquestions.

No public questions were submitted.

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

No urgent decisions were reported.

To receive feedback from Mark Iveson and Val Cottam following their attendance at a workshop considering ‘The Role of the Independent Person’

Mark Iveson and Val Cottam reported upon their attendance at a halfday workshop, facilitated by Hoey Ainscough Associates and supported by Jonathan Goolden of Wilkin Chapman Goolden.  The workshop was aimed at Independent persons and officers who work alongside them on standards issues and discuss how the role was developing, receive advice on current key concerns and share local experiences since the changes introduced on 1 July 2012.

RESOLVED – That the report be noted.

To consider a report of the Monitoring Officer.

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

The Monitoring Officer submitted a report (copies of which had been circulated) setting out the procedure that applies when a complaint was received about the conduct of a councillor or co-opted member and reminding the Committee of the process was agreed by the Council Meeting on 5 July 2012 at the same time as it adopted the current Code of Conduct.

The report also invited the Standards Committees comments on the proposed a procedure for the Standards Committee to adopt for its Hearing Panels when considering complaints.

Paragraph 2.2 (first bullet point) add the word “or” to the end of the sentence.

Paragraph 2.2 (second bullet point) delete the words “a Code of Conduct was in force at the time” and replace with “or”

Paragraph 2.3 (fifth bullet point) add the words “and suggests that there is a wider problem throughout the Authority;”

Paragraph 2.7 delete the words in bold below:

“2.7     As a matter of fairness and natural justice the subject Member should usually be told who has complained about them and receive details of the complaint.   However,  in exceptional circumstances, the Monitoring Officer may withhold the complainant’s identity or if on request from the complainant, or otherwise, they are satisfied that the complainant has reasonable grounds for believing that they or any witness relevant to the complaint may be at risk of physical harm, or his or her employment may be jeopardised if their identity is disclosed, or where there are medical risks (supported by medical evidence) associated with the complainant’s identity being disclosed.”

Paragraph 2.16 delete the word “not”

Paragraph 3.3 “Actions/ Sanctions delete the word “find” and replace with finds”; Bullet point eight add the words “provided that such restrictions do not impede the member from carrying out their duties as a Councillor”.

Paragraph 4.9 add in the words “unless agreed by the sub-committee”

Paragraph 4.12 add in the words “No new points should be introduced unless agreed by the sub-committee”

Paragraph 4.17  be reworded to say “The Independent Person will be invited to express their views” and that this provision be incorporated within the “Summing Up” part of the procedure with the Subject Member being given the final word.

Paragraph 4.25 (ii) add the following words “or recommended”

Paragraph 4.26 be amended to read:

“ 4.26 Within 20 working dates of the announcement of the Hearing’s decision the Monitoring Officer will provide a full written decision and the reasons for the decision, including any recommendations, to:

(a)     the Subject Member;

(b)     the Complainant;

(c)     the Chief Executive

and will publish the details of the Hearing Panel’s decision, including Subject Member and a summary of the Hearing Panel’s decision and recommendations and reasons for the decision and recommendations on the Council’s website. (delete paragraph 4.27)

There should be a requirement for the “Investigating Officer” to attend the hearing and present their report.

RESOLVED – (1) That subject to the comments of this Committee being incorporated into the proposed arrangements/ procedures, the proposed arrangements be endorsed in so far as this Committee is concerned.

(2) That the Democratic Services Manager be requested to circulate the revised documents to members of this Committee for information.