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Changes to Constitution arising from the Localism Act

Meeting: 19/06/2012 - Council (Item 22)

22 Changes to Constitution arising from the Localism Act pdf icon PDF 57 KB

Report of the Solicitor to the Council and Monitoring Officer

Additional documents:

Minutes:

The Report of the Solicitor to the Council and Monitoring Officer describing the changes and recommending the actions required for the Council to implement under the Localism Act 2011 which makes fundamental changes to the system of regulation of Standards of Conduct for elected and co-opted Councillors was considered.

 

RESOLVED:

 

That:

 

a

(i) Council establish a larger Audit and Governance Committee comprising seven elected members of the District Council, appointed proportionally;

 

 

b

the Terms of Reference of the Audit and Governance Committee be extended to encompass issues and complaints relating to Standards of Conduct of members;

 

 

c

Council adopts a Code of Conduct to have effect from 1 July 2012.

 

As attached at Appendix B of the report.

 

The minimum Statutory requirement requires a Code that

 

i.                    (i) is consistent with the principles of public life and

ii.         (ii) specifies the interests which are required to be registered  in addition to the mandatory registration of by the  Disclosable Pecuniary Interests (DPI’s).

 

 

d

Council adopts Arrangements for dealing with complaints regarding members of the Council as attached at Appendix C in terms of Section 28(6) of the Act, which is the proposal for all Staffordshire Councils to allow for uniformity and consistency in dealing with complaints across Staffordshire;

 

 

e

the Monitoring Officer appoint a Deputy Monitoring Officer from one of the members of  Corporate Management Team

 

 

f

the Monitoring Officer advertise a vacancy of the appointment of 1 Independent Person and up to 2 Reserve Independent Persons

 

 

g

a Committee comprising the Chair and two other members of Standards Committee/ Audit and Governance Committee be set up to deal with the appointment at (f) above and proceed to short-list and interview candidates, and to make a recommendation to Council for appointment;

 

 

h

the Monitoring Officer, in consultation with the Chair of the Committee and the Leader, be authorised to set the initial allowances and expenses for the Independent Person and any Reserve Independent Persons, and this function subsequently be delegated to the said Committee;

 

 

i

the Monitoring Officer prepares and maintains a new register of members interests to comply with the requirements of the Act and of the Council’s Code of Conduct, once adopted, and ensure that it is available for inspection as required by the Act;

 

 

j

Council adopts a Standing Order which equates to the current Code of conduct requirement that a member must withdraw from the meeting room, including from the public gallery, during the whole of consideration of any item of business in which e/she has a DPI, except where he/she is permitted to remain as a result of the grant of a dispensation;

 

 

k

Council delegates the power to grant dispensations –

 

i           to the Monitoring Officer with an appeal to the said Committee, and

ii          to the said Committee after consultation with the Independent Person; and

 

 

l

that the current Standards Committee and appointment of Independent members ceases to have effect from 30 June 2012 and that  ...  view the full minutes text for item 22