Meeting documents
Standards Committee
Tuesday, 27th June 2006
Present
Councillors
A Bridson, WJ Davies, D Hawkins, SR Mountney, Jean Quinn, SL Rowlands
Co-opted members
Mr J P Haywood, Mrs L M Rodgers
Index to Minutes
- Minute 1 - APPOINTMENT OF CHAIR AND VICE-CHAIR
- Minute 2 - DECLARATIONS OF INTEREST
- Minute 3 - MINUTES
- Minute 4 - MATTERS ARISING
- Minute 5 - LOCAL INVESTIGATION OF STANDARDS COMPLAINTS
- Minute 6 - REPORTS TO THE STANDARDS BOARD
- Minute 7 - CONFERENCE: FIFTH ANNUAL ASSEMBLY OF STANDARDS COMMITTEES
- Minute 8 - INDEPENDENT MEMBER - VACANCY
Minute 1 - APPOINTMENT OF CHAIR AND VICE-CHAIR
Minute Text :
In accordance with the recommendation of the Cabinet - minute 4(10) (16/5/06) refers - the Committee was requested to appoint its own Chair and Vice-Chair for the municipal year. One nomination was received for each position.
Minute Decision :
Resolved -
(1) That Councillor Hawkins be appointed Chair up to the next Annual Meeting of the Council.
(2) That Councillor Rowlands be appointed Vice-Chair on the same basis.
Minute 2 - DECLARATIONS OF INTEREST
Minute Text :
The members of the Committee were invited to consider whether they had a personal or prejudicial interest in connection with any of the items on the agenda and, if so, to declare it and state the nature of such interest. No declarations were made.
Minute 3 - MINUTES
Minute Text :
The Head of Legal and Member Services reported that the minutes of the previous meeting, held on 22 March 2006, had been submitted to the Council on 10 April and accepted without amendment.
Minute Decision :
Resolved - That the minutes be received.
Minute 4 - MATTERS ARISING
Minute Text :
No matters were raised.
Minute 5 - LOCAL INVESTIGATION OF STANDARDS COMPLAINTS
Minute Text :
Further to minute 17 (22/3/06), the Head of Legal and Member Services (and Monitoring Officer) submitted a draft Protocol to be used in dealing with local investigations referred to the Monitoring Officer, together with the statutory guidance issued by the Standards Board for England. He explained the various stages of the investigation process and reminded the Committee that the Standards Board for England could refer complaints of misconduct by councillors to the Monitoring Officer for local investigation instead of investigation by its own Ethical Standards Officers before a complaint was determined by the Standards Committee. When a complaint was received by the Standards Board, it had to decide first whether it appeared to relate to a possible failure to comply with the Members’ Code of Conduct, and then whether it merited investigation. Matters would not be referred for investigation where the serious nature meant that it was likely to require a sanction in excess of the Standards Committee’s maximum of three months' suspension. He stated that the draft protocol was in line with the procedures in a DVD shown at the previous meeting and included the same proposed membership accepted on a temporary basis by that meeting.
Mrs Rodgers sought and was given assurances on a number of matters:
(i) that, whilst some parts of the statutory guidance were not included in the protocol, both documents would apply in local investigations and hearings;
(ii) that the officer investigating the complaint locally would not be the same as the officer advising the Panel;
(iii) that all members serving on the panel would have received the necessary training beforehand;
(iv) that details of the pre-hearing process could be included in the protocol.
Mr Haywood asked whether, in the case of a councillor who felt it necessary to engage legal representation and the complaint was then not substantiated, the Council would reimburse his/her legal costs. The Head of Legal and Member Services felt that that might create difficulties and, in any case, the Standards Board would only refer a matter for local investigation if it had concluded that there were sufficient grounds for doing so. The investigation panel was most similar in form to tribunals, and no legal costs were available for their hearings. However, he undertook to enquire as to what other local authorities did in such cases.
Mr Haywood raised a number of other points, and received assurances from the Head of Legal and Member Services that
(i) he would look at elaborating on that section of the protocol (paragraph 11.2) relating to cases where it might be necessary to refer them back to the Ethical Standards Officer;
(ii) any written apology to be given by a councillor should be in terms that were acceptable to the Standards Committee;
(iii) consideration could be given to some form of shadowing in case a member of the Panel should fall ill during an investigation.
Councillor Bridson stressed the need to maintain confidentiality during any investigation and asked what sanction might be available if there were a breach of confidentiality. The Head of Legal and Member Services pointed out that all parties would be bound by the Code of Conduct in such cases.
Minute Decision :
Resolved -
(1) That, subject to taking account of the various issues now raised and reported above, and to correcting minor drafting errors, the procedure set out in Appendix 1 to the report from the Monitoring Officer for the determination of any matter referred to him for local investigation be adopted.
(2) That the composition of the Panel for local hearings be as proposed, namely that hearings will be conducted by three members of the Standards Committee and that it be chaired by an independent member, with two elected members drawn from political groups other than that of which the councillor complained of is a member.
(3) That the Monitoring Officer report back on any outstanding issues.
Minute 6 - REPORTS TO THE STANDARDS BOARD
Minute Text :
The Monitoring Officer reported the circumstances of two complaints received by the Standards Board for England. In neither case had the Board felt that the actions of the members concerned were such as to indicate a breach of the Code of Conduct and therefore neither case warranted a referral back to the authority.
Minute Decision :
Resolved - That the report be noted.
Minute 7 - CONFERENCE: FIFTH ANNUAL ASSEMBLY OF STANDARDS COMMITTEES
Minute Text :
Further to minute 19 (22/3/06), the Head of Legal and Member Services reported that, as requested, five places had been secured for the fifth Annual Assembly of Standards Committees ("Bridging the Gap"), which would take place in Birmingham on 16/17 October 2006. The Committee was asked to nominate delegates.
Minute Decision :
Resolved - That the Chair, one representative from each of the other two parties and one independent member be authorised to attend with the Head of Legal and Member Services, and the names be submitted to him as soon as possible.
Minute 8 - INDEPENDENT MEMBER - VACANCY
Minute Text :
Further to minute 21 (22/3/06), the Head of Legal and Member Services reported that, at its Annual Meeting, the Council had approved a number of changes to the size of committees but had agreed to maintain the Standards Committee in its existing form. It was appropriate therefore to fill the vacancy left by the resignation of Mr Lowe. An advertisement had been placed in the Wirral Globe inviting applications and a letter would be sent to representative organisations within the Borough for them to disseminate the invitation among their members and/or employees. Members suggested that use be made also of the Council's website and the 'The Governor' newsletter, which were agreed.
Minute Decision :
Resolved -
(1) That the report be noted.
(2) That members advise the Head of Legal and Member Services of any organisations additional to those now mentioned that might be able to assist in disseminating the invitation for applications.
(3) That after the closing date for applications (30 September) the Head of Legal and Member Services make arrangements to interview the applicants with the Chair and Vice-Chair.
(Minutes Published: 6 July 2006)