Report of the Solicitor to the Council and Monitoring Officer
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: |
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That: |
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a |
(i) Council establish a larger Audit and Governance Committee comprising seven elected members of the District Council, appointed proportionally;
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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;
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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).
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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;
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e |
the Monitoring Officer appoint a Deputy Monitoring Officer from one of the members of Corporate Management Team
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f |
the Monitoring Officer advertise a vacancy of the appointment of 1 Independent Person and up to 2 Reserve Independent Persons
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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;
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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;
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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;
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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;
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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
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l |
that the current Standards Committee and appointment of Independent members ceases to have effect from 30 June 2012 and that any complaints not concluded at that date be referred to the Committee for consideration.
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(Moved by Councillor D Cook and seconded by Councillor L Bates) |
A motion to add further recommendations was made
RESOLVED: |
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That: |
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a |
The four amendments that were moved at the Council meeting on 17 May 2012 be dealt with in terms of Article 15 paragraph 15.02; |
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b |
Audit & Governance Committee review the wording under The Code of Conduct of the sanctions available, and; |
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c |
The recommendations as made by the Audit & Governance Committee be reported back to Council. |
(Moved by Councillor D Cook and seconded by Councillor S Peaple) |
Supporting documents: