Agenda and minutes

Venue: Long Room, Old Forde House, Brunel Road, Newton Abbot, TQ15 4XX. View directions

Items
No. Item

7.

Election of a Chair 2022/23

Minutes:

RESOLVED that Cllr L Petherick be elected Chair for 2022/23.

 

8.

Election of a Deputy Chair 2022/23

Minutes:

RESOLVED that Cllr Peart be elected Deputy Chair for 2022/23.

 

9.

Minutes pdf icon PDF 155 KB

To approve and sign the minutes of the meeting held on 18 March 2022.

 

 

Minutes:

RESOLVED that the minutes of the meeting of 18 March 2022 were approved as a correct record and signed by the Chair.

 

10.

Declarations of Interest

Minutes:

None.

 

11.

Report by the Centre for Governance and Scrutiny pdf icon PDF 417 KB

For Standards Committee Members to consider the report by the Centre for Governance and Scrutiny.

Minutes:

The Chair introduced the report of the Centre for Governance and Scrutiny (CfGS).

 

Members discussed the issues raised in the report including members conduct towards each other and officers, whilst acknowledging the need for robust political debate and challenge and scrutiny of decisions. They noted the low member engagement with the review.

 

The Head of Legal Services and Monitoring Officer clarified that there was no fee for this review, and that some of the proposed changes to Constitution had been borne out of the recommendations in the CfGS report. Changes and updates to the Constitution would be presented to Members on a regular basis to ensure the Constitution remained relevant and fit for purpose. 

 

Members noted that Procedures Committee would consider the proposed amendments to the Constitution on Friday 30 September 2022 and that any amendments would require approval by Full Council. 

 

RESOLVED that all Members be provided with the Centre for Governance and Scrutiny report via email and the Members Newsletter to enable them to cross reference the changes proposed to the Constitution with the actions recommended in the report.  

 

12.

The recruitment of Independent Persons pdf icon PDF 102 KB

Minutes:

The Head of Legal Services and Monitoring Officer outlined the current position with regards to the interim appointment of Independent Persons and the legal requirement for the appointment of these positions on a permanent basis.

 

RESOLVED that the advert as circulated be approved.

 

13.

To review the Code of Conduct and its effectiveness in setting standards for members over the last 24 months

Verbal discussion.

Minutes:

During discussion Members raised the following points:-

·       Need to support officers, respect their professional integrity, noting that officers did not have a right of reply

·       Should allegations be made by Members, they need to be justified with facts and evidence

·       Meaningful sanctions for those members who were found to have breached the Members Code of Conduct.

 

The Managing Director expressed concern with regards to the harassing and intimidating behaviour of some Members that was causing undue stress to staff. The Council had a duty of care to protect and support its employees and unacceptable Member behaviour should be addressed.

 

14.

To consider the Monitoring Officers proposed amendments to the Constitution relevant to the Standards Committee pdf icon PDF 807 KB

Additional documents:

Minutes:

The Head of Legal Services and Monitoring Officer raised alternative options for members to consider regarding the Standards Hearing process including a panel of Independent Persons to consider alleged breaches of the Members Code of Conduct. The proposal to merge the Standards, Audit Scrutiny and Procedures Committees were to ensure that the Council provided value for money and to action some of recommendations in the Centre for Governance and Scrutiny Report.

 

Some Members had reservations in the merging of the Committees and suggested the size of the Standards Committee should be increased to ensure wider representation.

 

Members noted that the proposed amendments to the Constitution would be considered by Procedures Committee later this week and asked the Procedures Committee to defer the report until all Members had read the Centre for Governance and Scrutiny document. 

 

15.

Notice of Motion - Cllr Eden

Background provided by Cllr Eden to the Motion:

 

There are quite a number of gaps that have developed in the Standards Process – some highlighted in my previous motion on Standards Hearings procedure. There also needs to be a wider more precise application of what is or isn’t acceptable in terms of conflict of interest.

 

Recently, this council had to resort to requesting an intervention from the PAS (Planning Advisory Service) over a matter that from the perspective of the general public should be quite clear cut.

 

From my experience chairing ethics committees in the NHS and from my professional training in matters of conflict and probity, it is clear that the result of the PAS report was far from satisfactory. We need to sharpen our focus on conflict or interest and raise the standard of those definitions.

 

Doing so will reduce the possibility of a councillor having their impartiality, integrity or probity being called into account.

 

Wording of Motion proposed by Cllr Eden:-

 

With that in mind, I would like to propose that the following definitions are added or amended.

1)    The definition of a Conflict of Interest to be extended (in respect of family and friends) for all elected members to reflect the high standards set by the Charity Commission in respect of a ‘Connected Person’ - defined as follows;

Connected person: In broad terms this means family, relatives or business partners of a councillor, as well as businesses in which a councillor has an interest through ownership or influence. The term includes a councillor’s spouse or unmarried partner, or civil partner, children, siblings, grandchildren and grandparents, as well as businesses where a councillor or family member holds at least one-fifth of the shareholding or voting rights.”

The Council’s legal team would be able to advise (where there is any doubt), but such advice should be made a public record.

 

2)    Conflicts of Loyalty to be introduced as a notifiable requirement. This is defined as follows;

Conflict of loyalty: This means a particular type of conflict of interest, in which a councillor’s loyalty or duty to another person or organisation could prevent the councillor from making a decision only in the best interests of the council or the residents.”

 

3)    Register of interests to include membership of ANY organisation that the member knows an officer of the council is also a member – for instance; Freemasons, professional bodies etc. Devon County Council requires members notify their membership of the Freemasons and TDC should do so right away.

This is an extension of the second point in the motion about Conflicts of Loyalty but deals potentially with influence exerted externally on, or by a councillor or officer.

 

Minutes:

The Head of Legal Services and Monitoring Officer commented that the Notice of Motion wording had been taken from the Charity Commission template and that it went beyond what was legally required by Local Authorities. He clarified that the current Code of Conduct and Register of Interest addressed the points raised in the Notice of Motion.  

 

16.

Local Government (Access to Information) Act 1985 - Exclusion of Press and Public

RECOMMENDED that, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following item on the grounds that it involves the likely disclosure of exempt information as defined in the relevant paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act.

 

Minutes:

RESOLVED  that under Section 100 (A) (4) of the Local Government Act 1972 that press and public be excluded from the meeting for the discussion of the sensitive information on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 1 and 2 of part 1 of schedule 12 A of the Act.

 

17.

Ombudsman Complaint

Minutes:

Cllr Daws left before consideration of this item

 

The Leader left before consideration of this item.

 

The Executive Member for Corporate Services spoke on this item.

 

Members discussed the draft report and recommendations contained therein.

 

A further meeting of the Standards Committee would be held once the final report was received. 

 

RESOLVED that the Head of Legal Services and Monitoring Officer respond accordingly to the draft report.