Agenda and minutes

To welcome Councillor Jason Salter recently appointed as the third parish/town council representative on the Committee.

The Chairman welcomed Councillor Stephen Murray attending his first meeting of the Committee as an Epping Forest District Council appointee.  She also welcomed Councillor Jason Salter on his return to the Committee as the third  parish/town council representative. 

To approve as a correct record the minutes of the meeting held on 2 July 2008 (attached).

            RESOLVED:

            That the minutes of the meeting of the Committee held on 2 July 2008 be taken as read and signed by the Chairman as a correct record.

(a)               Standards Committee – Terms of Reference

The Chairman drew attention to the requirement that each independent member could serve for three years and be eligible for reappointment without any limitation.  She also drew attention to a recommendation of the Standards Board that independent members should serve no longer than two terms of four years as this would be long enough for them to gain an understanding of the Committee, the authority and its workings, but not so long that they could be perceived as losing their independence.  In the light of this recommendation she questioned whether there was a need to amend the Committee’s terms of reference.

            RESOLVED:

            That the Monitoring Officer seeks clarification from the Standards Board of the reasons for their recommendation and that this matter be considered at a future meeting in the light of the advice received.

To declare interests in any item on the agenda.

No declarations of interest were made pursuant to the Council’s Code of Member Conduct.

Recommendation:

To agree a response to those parts of the consultation paper concerning proposals for revising the Local Authorities (Model Code of Conduct) Order 2007 and the Relevant Authorities (General Principles) Order 2001.

(Monitoring Officer) This consultation paper is one of a series of Communities in Control consultation documents following the publication of the Local Government Empowerment White Paper, Communities in Control: Real People, Real Power, on 9 July 2008, and builds on work still in progress from the 2006 White Paper, Strong and Prosperous Communities. 

This paper invites views on proposals for revising the Local Authorities (Model Code of Conduct) Order 2007 and the Relevant Authorities (General Principles) Order 2001. It also seeks views on the proposed introduction of a model code of conduct for local government employees although this part is not an issue for this Committee. Particular questions on which comments are sought are summarised at Annex A to the paper.

Copies of the consultation paper have been sent to all principal local authorities, parish councils and other organisations and individuals who have a particular interest in these issues

The Committee were advised that the Department for Communities and Local Government had issued a consultation paper inviting views on proposals for revising the Local Authorities (Model Code of Conduct) Order 2007 and the Relevant Authorities (General Principles) Order 2001.  It also sought views on the proposed introduction of a Model Code of Conduct for Local Government employees although that part of the consultation paper was not an issue for this Committee.

The Committee considered the questions posed in the consultation document on revisions to the Members’ Code of Conduct. 

            RESOLVED:

            (1)        That the Monitoring Officer respond to the consultation paper incorporating the following views:

            Question 1

            (Do you agree that the members’ code should apply to a member’s conduct when acting in their non-official capacity?)

            Response – Yes.

            Question 2

            (Do you agree with the definition of "criminal offence" for the purpose of the members’ code?  If not, what other definition would you support, for instance should it include police cautions?)

            Response – Concern at the reference to paying a fixed penalty instead of facing a criminal conviction as this opportunity is not restricted to minor criminal offences.   Also, there are regular changes made to offences to which the opportunity to pay a fixed penalty applies.  It is considered that some offences are of such a nature that they should be subject to the Code even though they could possibly be the subject of payment of a fixed penalty.  In addition, there is an inconsistent approach in different parts of the country to police cautions.  It is considered that a better approach would be to list offences which will be subject to the Code and those which will be excluded. 

            Question 3

            (Do you agree with the definition of "official capacity" for the purpose of the members’ code?  If not, what other definition would you support?)

            Response – Yes.

            Question 4

            (Do you agree that the members' code should apply only where a criminal offence and conviction abroad would have been a criminal offence if committed in the UK?)

            Response – Yes.

            Question 5

            (Do you agree that an ethical investigation should not proceed until the criminal process has been completed?)

            Response – Yes, assuming that the timescale for concluding an investigation into an allegation is stopped and restarted on completion of the criminal process.

            Question 6

            (Do you think that the amendments to the members' code suggested are required?  Are there any other drafting amendments which would be helpful?  If so, please provide details of suggested amendments)

            Response – Agree with the amendment of Article 2(5) to apply at paragraph 12(2) to parish councils.  It should be made clear that this also applies to town councils.

            Agree with the proposed amendment of paragraphs 8(1) (a) (i) and (ii).

            Agree with the amendment of paragraph 8(1) (a) in relation to the registration of a gift or hospitality.  It is also suggested that account should be taken of the aggregated effect of small multiple donations by a single donor  ...  view the full minutes text for item 14.

Recommendation:

To note guidance issued by the President of the Adjudication Panel.

(Monitoring Officer) One option available to a standards committee after considering an investigating officer's report is to refer the matter to the Adjudication Panel for England for determination by a tribunal.

The President of the Adjudication Panel has issued guidance on the circumstances in which the Adjudication Panel will consider accepting a reference from a standards committee (attached).

The Committee noted guidance issued by the President of the Adjudication Panel on the circumstances in which the Adjudication Panel would consider accepting a reference from a Standards Committee.

(a)   Waltham Abbey Town Council – Applications for Dispensation

Recommendations:

(1)        To confirm the minutes of the Dispensations Sub-Committee held on 2 July 2008; and

(2)        To note the steps taken by the Waltham Abbey Town Council following the granting of dispensations.

(Monitoring Officer)  At its meeting on 24 April 2008, the Committee authorised a Sub-Committee comprising Ms M Marshall, G Weltch and Councillor Mrs D Borton to determine applications for dispensation from 10 Waltham Abbey Town councillors.

The Sub-Committee met on 2 July 2008 and the minutes of that meeting are attached.

On 15 September 2008, the Town Clerk of Waltham Abbey Town Council subsequently advised that a Special Meeting of the Town Council had been held on 17 July 2008 to co-opt a member to fill the vacancy on the Town Council. All members in attendance had declared personal and prejudicial interests as at least one of the applicants was known to each of them. Taking account of the dispensations granted by the Sub-Committee the Town Council members proceeded to interview the four applicants and held a ballot to select a co-opted member. Mr M Reilly was duly co-opted to the Town Council to fill the vacant seat in the Honey Lane ward.

(b)   Dispensation – Application Form

To consider the attached draft pro forma for submission of future dispensation applications.

(a)        Waltham Abbey Town Council – Applications for Dispensation

The Committee received the minutes of a meeting of the Dispensation Sub?Committee held on 2 July 2008. 

The Committee noted that a special meeting of the Waltham Abbey Town Council had been held on 17 July 2008 to co-opt a member to fill the vacancy on the Town Council.  All of the members present at that meeting had declared personal and prejudicial interests as at least one of the applicants had been known to each of them.  Taking account of the dispensations granted by the Dispensations Sub-Committee, the Town Council members had proceeded to interview the four applicants and had held a ballot to select a co-opted member.  As a result Mr M Reilly had been duly co-opted to the Town Council to fill the vacancy in the Honey Lane Ward.

(b)       Dispensation – Application Form

The Committee considered a draft proforma for submission of future dispensation applications. 

            RESOLVED:

            (1)        That the draft proforma be agreed subject to reference to Town Councils as well as Parish Councils;

            (2)        That the dispensation process be included in future Members' Code of Conduct training;  and

            (3)        That the proforma be sent to the Clerks of Parish and Town Councils and included in a future edition of the District Council's Bulletin together with an explanation of the provisions.

(Monitoring Officer) To note the attached schedule.

The Committee noted the current position of allegations made about District and Parish/Town Councillors. 

In relation to references EFDC 1/2008 and EFDC 3/2008, the Deputy Monitoring Officer reported that he would be issuing a draft report shortly following his investigation.  In relation to case reference EFDC 5/2008 the allegation was to be considered by the Assessment Sub-Committee on 9 December 2008.

(Monitoring Officer) The calendar for 2008/09 provides for meetings of the Committee on 27 January and 14 April 2009

Additional meetings can be arranged as and when required by the Committee.

The Committee noted the calendar for 2008/09 provided for meetings of the Committee on 27 January and 14 April 2009.