Number |
Title and Minutes |
1 |
Confirmation of Minutes - 22 October 2012
RESOLVED that the minutes of the Standards Committee meeting
held on 22 October 2012 be confirmed.
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2 |
Declarations of Interest
No declarations of interest were received.
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3 |
Revised Terms of Reference
The Assistant Director of Legal and Corporate Support
Services:
- presented a report summarising the revision to the Committee's
terms of reference which had been agreed by Council.
- emphasised the shift in the Committee's status to ensure a
more proactive approach with regard to ensuring standards for
member conduct.
- noted the increase in the Committee's remit to cover
matters relating to engagement and member development.
- invited members' questions and comments.
Members:
- noted recent reports regarding the inclusion of citizenship
classes within schools, and questioned whether the Committee would
be able to promote similar activities in local schools.
- questioned whether the revised terms of reference incorporated
additional scope to apply sanctions to any members in breach of the
Code of Conduct.
The Assistant Director of Legal and Corporate Support Services
responded that:
- the Committee would now be able to investigate the provision of
citizenship information with regard to the promotion of democratic
engagement.
- changes made through the Localism Act 2011 had removed the
statutory basis for sanctions; an emphasis was instead placed on
internal sanctions applied by political groups where relevant.
RESOLVED that:
- the revisions to the Committee's terms of reference be
noted.
- the provision of citizenship lessons within local schools be
investigated at a future meeting.
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4 |
Dispensations for Members Holding Licences to Occupy
Land within the City
The Assistant Director of Legal and Corporate Support
Services:
- presented a report proposing the granting of dispensations to
members who held licences to occupy land within the city to
participate in the determining of the Medium Term Financial
Strategy.
- noted that the report had been consulted upon with both
the Leader and the Leader of the Opposition.
- highlighted the nature of the dispensation, which would
prevent councillors from being excluded in relation to the
discussion of the Medium Term Financial Strategy, which was a
decision of high relative importance in comparison with the nature
of the relevant disclosable pecuniary interest.
- recommended that the dispensation should be granted as
being in the interests of persons living in the authority's
area, in order to ensure their representatives' rights to discuss
and determine relevant matters.
- invited members' questions and comments.
RESOLVED that a dispensation be agreed for a period of four
years from 12 December 2012 for all members who met the following
criteria:
- the member has a disclosable pecuniary interest for any licence
held (alone or jointly with others) to occupy land in the area of
the relevant authority for a month or longer;
and
- the nature of the business specifically related to the
consideration of the Council’s Medium Term Financial Strategy
as a whole.
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5 |
Members' Interests and Criminal
Investigations
The Assistant Director of Legal and Corporate Support
Services:
- presented a report noting the potential value in creating a
formal agreement between the Council and Lincolnshire Police with
regard to any criminal proceedings in relation to the declaration
of interests by members.
- noted that while it was to be hoped that use of the
protocol would not be required, its provision would provide
clarity regarding the manner in which any interaction with
Lincolnshire Police would proceed.
- invited members' questions and comments.
Members:
- noted that the provision for information being reported back to
the Monitoring Officer in the event that the police would not
pursue a prosecution was unlikely to result in additional
investigation by the Council.
- questioned whether the authority to prosecute a member in the
event of a relevant potential criminal offence would reside with
the police or the Director of Public Prosecutions.
The Assistant Director of Legal and Corporate Support
Services:
- confirmed that, as had been made clear during the
passage of the Localism Act 2011 through parliament, the
Council was unlikely to pursue a matter which had been rejected for
further consideration as not being in the public interest to
prosecute.
- responded that the decision to prosecute would rest with the
Crown Prosecution Service; the final version of any protocol would
be amended to make this and any other relevant points clear.
RESOLVED that the Monitoring Officer be requested to seek to put
in place a written protocol with Lincolnshire Police, either solely
or in combination with other councils’ monitoring officers,
in relation to potential criminal proceedings regarding the
declaration of interests by members.
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6 |
Code
of Conduct: Cases Review
The Assistant Director of Legal and Corporate Support
Services:
- presented a report containing information on recent cases
relating to other local authorities’ codes of conduct.
- highlighted that members should identify any issues raised
within the report as being relevant for further consideration
with regard to their impact upon members of the Council.
- invited members' questions and comments.
Members:
- noted the present distinction between those cases involving
criminal sanctions and the more limited powers provided to local
authorities under the Localism Act 2011.
- discussed the cases, particularly noting that involving the
receipt of two IT allowances by councillors who represented both a
lower and upper tier council.
The Democratic Services Officer responded that he understood the
case relating to IT allowances had not been found to concern a
breach of the respective authorities' codes of conduct as the IT
allowance of one council was integrated within a broader allowance
and had not been separately claimed.
RESOLVED that the report be noted.
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7 |
Councillor Role Descriptions
The Assistant Director of Legal and Corporate Support
Services:
- presented a report proposing the adoption of role descriptions
relating to the overall role of a councillor, in addition to more
specific role descriptions for other roles to which councillors may
be appointed.
- noted the benefits which role descriptions could
provide, with particular regard to the guidance which they
would offer to prospective councillors, the public,
and officers.
- explained that the descriptions had been under
consideration by officers for some time, and that similar
documents were already in place at other local authorities.
- invited members' questions and comments.
Members:
- noted that the idea was positive, while stressing the
responsibility of political groups to ensure members delivered the
political manifesto on which some had been elected, with particular
regard to portfolio holders.
- noted that the role descriptions represented a best practice
model which would be particularly useful for the public.
- discussed the drafting of role descriptions relating to members
not within the controlling political group.
- noted that references to collective decision-making could be
problematic for members who did not support a particular
decision.
- debated the production of a role description relating to
advocate members such as the Advocate for Children and Young
People's Advocate.
- welcomed the production of the role descriptions, noting their
particular value with regard to educating the public, informing new
councillors, and promoting transparency.
RESOLVED that the Executive be recommended to adopt the proposed
councillor role descriptions for guidance purposes, subject to the
addition of a role description for advocate members and the
clarification of references to collective responsibility.
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8 |
Member-Officer Protocol
The Assistant Director of Legal and Corporate Support
Services:
- presented a report considering the suitability and current
awareness among both councillors and officers of the Member-Officer
Protocol.
- noted that a number of small amendments to the
protocol were proposed within the report.
- emphasised that increasing awareness of the protocol would be
advantageous.
- invited members' questions and comments.
RESOLVED that:
- the Member-Officer Protocol be suitably publicised to increase
awareness of the document within the Council.
- the proposed revisions to the Member-Officer Protocol be
recommended for incorporation into the Constitution.
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9 |
Public Involvement at Committees and
Webcasting
The Democratic Services Officer:
- presented a report considering the level and quality of
democratic engagement between the Council and the public.
- highlighted the work already undertaken to allow members of the
public to engage with the Council's decision-making process through
committees.
- noted a number of suggestions which could be investigated with
regard to improving future engagement.
- drew members' attention to the advantages and disadvantages of
webcasting of committee meetings, as well as the significant
associated financial cost.
- invited members' questions and comments.
Members:
- noted their experience of webcasting at other councils.
- accepted that finance was a likely stumbling block, and so
suggested that consideration be given to working with students from
the University of Lincoln in providing an alternative service.
- discussed the attempts which councils had made in the past when
attempting to engage with communities, noting that people often
considered that they exercised their democratic rights through
voting for representatives, and that it was challenging to find
people with the time and willingness to become
more involved.
- welcomed the potential increase in transparency which
webcasting could bring.
- discussed previous experience with changing the venue of
committee meetings, including varying levels of interest from local
communities.
- noted that other councils' webcasting schemes had differing
experiences regarding the public appetite for viewing
meetings.
- noted interest in viewing the arrangements made by other local
councils for webcasting meetings.
- agreed that it was necessary to find new ways of engaging with
the public and suggested that consideration be given to increasing
engagement with local media outlets.
- noted that the voter turnout in local elections was often low,
and suggested that councillors had been negatively associated with
the allegations and convictions made in relation to MPs' conduct in
recent years.
- noted the potential role of social media as a new way to engage
with members of the public.
- noted that a large number of people did not have access to the
internet, and so moving more meetings to different areas of the
city would be more effective than webcasting in improving public
engagement with those people.
The Assistant Director of Legal and Corporate Support Services
responded that:
- members' comments regarding more cost effective methods for
providing webcasting or a similar service would be investigated
further.
- the Council had a clear duty continually to improve its
engagement with the public, and work was required to ensure the
Council did not fall behind the best practice in place.
RESOLVED that further investigation be carried out with regard
to the matters raised, prior to reporting findings to the Committee
at a future meeting.
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10 |
Work
Programme Update
The Assistant Director of Legal and Corporate Support
Services:
- presented the current Ethics and Engagement Committee work
programme for consideration by members.
- noted the changes made to the work programme since it was last
agreed by the Committee, including the increased priority given to
addressing social media.
- highlighted that members were to be encouraged to raise
any additional items.
- invited members' questions and comments.
RESOLVED that the work programme be agreed.
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