Agenda item

Tom Clark, Monitoring Officer, introduced the report which outlined the expected work of the Standards Committee in 2019/20. He noted that complaints usually arise from work on Neighbourhood Plans with councillors having interests in sites that are being brought forward, either with them being a land owner or having the site situated close to a councillor’s house. Due to the nature of some small villages it is sometimes hard to not have an interest in land therefore dispensations are sometimes given out. Social media was also referenced as causing Code of Conduct complaints which this Council has not experienced that significantly however breaches usually make the national media. Failure to properly complete and update the declaration of interest form was another source of complaint.

The Chairman also highlighted the Committee’s input on national legislation and referred to the committee’s work during the previous municipal year where the committee made observations and recommendations to the Committee on Standards in Public Life. The Committee view was roughly what this and other councils had thought and made recommendations to add further penalties such as writing a letter of an apology or temporarily suspending the concerned councillor for a period of up to 6 months. The Chairman added that it is not the responsibility of the committee to tell Parish Councils how to run their Council and that the committee has previous advised on whether someone on the sexual offences register should be disqualified from standing from office. He asked the Monitoring Officer to explain how he deals with potential breaches of the Code of Conduct.

The Monitoring Officer explained that if receives a report of an issue, he refers the report to an Independent Person for their advice. He would then ask for the councillor concerned to respond to the possible breach. If the complaint goes further, three members of the Standards Committee are asked to consider the issue and decide whether a potential breach has occurred. It would be their judgment to decide whether there has been a potential breach and whether this potential breach needs to be investigated further. The Deputy Monitoring Officer or a Monitoring Officer from another authority will then look at the breach, conduct an investigation and draft a report on the matter. The report is then taken to a Hearings Panel and it is for the Panel to decide whether a Code of Conduct breach has occurred and what penalties or suspension should be given. There is an appeal available which is dealt with by the High Court.

A Member enquired whether there is any recall petition for Members similar to that which was possible for the Member of Parliament.

The Monitoring Officer confirmed that there is not.

A Member questioned whether there is training for councillors/councils on Code of Conduct issues.

The Monitoring Officer explained that there is training that can be given to a councillor as a punishment for breaching the Code of Conduct however he cannot force the member concerned to attend the training. The Chairman added that MSALC can provide training for councillors/councils on Code of Conduct issues.

A Member sought clarification on whether a Member would be allowed to sit on a Panel for Standards if the Member brought before the Panel is a Member within or near their ward.

The Monitoring Officer clarified that a Member would not be called to the Panel if the Member brought before the Panel is within or near their ward hence why the Standards Committee is formed of Members from all over the District.

A Member enquired how the Panel for Standards’ Members are chosen.

The Monitoring Officer explained that he chooses who sits on the Panel but takes into account those who may have an interest in the Member concerned.

A Member queried if there was a need for political balance in the Panel for Standards.

The Monitoring Officer confirmed that there is not a need.

The Chairman summarised the discussion and then moved to the recommendation to consider the report and note its contents which was agreed unanimously.

RESOLVED

The Standard Committee considered the report and noted its contents.