Shrewsbury & Atcham
Borough Council

STANDARDS COMMITTEE

15TH SEPTEMBER 2005

PRESENT: Councillors Adams, Evans and Parkhurst

Mr. F.W. Leath, Mrs J. Buckley and Mrs. E Francis

Also in attendance: Councillors Clarke, Richey and Sambrook

Officers in attendance: Assistant Chief Executive (Monitoring Officer), Assistant Solicitor (Deputy Monitoring Officer) and Head of Finance

MINUTES: 15th August 2005 – confirmed.

25/05 APPOINTMENT OF CHAIRMAN

Following the resignation of Councillor J.P. Jones from the Committee, consideration was given to the appointment of a Chairman for the remainder of the Council year to May 2006.

RESOLVED:

That Councillor Parkhurst be appointed Chairman of this Committee for the period to the Annual Meeting of the Council in May 2006.

26/05 APPOINTMENT OF VICE-CHAIRMAN

Following the resignation of Mr. V.J. Hughes from the Committee, consideration was given to the appointment of a Vice-Chairman for the remainder of the Council year to May 2006.

RESOLVED:

That Mr. F.W. Leath be appointed Vice-Chairman of this Committee for the period to the Annual Meeting of the Council in May 2006.

27/06 CHAIRMAN’S ANNOUNCEMENTS

The Chairman thanked the members of the Committee for his election as Chairman and thanked Councillor Jones for his dedication and hard work during the period of his Chairmanship of the Committee.

28/05 INTERNAL AUDIT REPORT

Consideration was given to a report by the Head of Finance in relation to the internal Annual Audit Report for 2004/5 and Annual Audit Plan 2005/2006.

RESOLVED:

(a) That the Annual Audit Report for 2004/5 be noted.

(b) That the Annual Audit Plan for 2005/6 be noted.

(c) That a report be submitted to the Standards Committee at the end of the current financial year detailing those recommendations which have been made by Internal Audit and which have not been accepted or implemented and that a similar report be submitted at six monthly intervals thereafter.

29/05 FOURTH ANNUAL ASSEMBLY OF STANDARDS COMMITTEES

Consideration was given to a report by the Assistant Chief Executive (Monitoring Officer) on his attendance at the fourth Annual Assembly of Standards Committees which had been held on 5th and 6th September 2005.

The Assistant Chief Executive (Monitoring Officer) indicated that it had been a particularly practical conference and a series of examples had been examined which he proposed would be used in the future training sessions arranged for Members.

RESOLVED:

That the report by the Assistant Chief Executive (Monitoring Officer) on the Fourth Annual Assembly of Standards Committees be noted.

30/05 LOCAL GOVERNMENT OMBUDSMAN ANNUAL LETTER 2005

Consideration was given to the Local Government Ombudsman’s Annual Letter detailing complaints dealt with by the Ombudsman in relation to Shrewsbury and Atcham Borough Council for the period from 1st April 2004 to 31st March 2005.

RESOLVED:

That the report by the Local Government Ombudsman in respect of complaints referred to him for the period from 1st April 2004 to 31st March 2005 be noted.

31/05 LOCAL PROTOCOL FOR COUNCILLORS AND OFFICERS DEALING WITH PLANNING MATTERS - AMENDMENT

Consideration was given to a report by the Assistant Chief Executive (Monitoring Officer) in relation to proposed amendments to the Local Protocol for Councillors and Officers dealing with planning matters.

RESOLVED:

(a) That it be recommended to Council that the heading at paragraph 5 of part 5 of the Constitution (Planning Protocol) be re-titled "Members Interests". The sub-headings for registration and declaration of interests should remain unchanged .

(b) That it be recommended to Council that at the end of paragraph 5.9 (on page 207 of the Constitution) the following additional paragraph be inserted:

"Councillors with prejudicial interests waiting to submit representations.

5.10 - Councillors who have a prejudicial interest in a planning application should not expect any representations they submit to the Planning Officer to be recorded in the Officer’s report if they have made such representations in their official capacity.

5.11 – Councillors with a prejudicial interest in a planning application are entitled to make representations thereon, in a private capacity as a member of the public but must not do so using Council headed paper or other facilities provided by the Council, including e-mail and personal computers.

5.12 – Councillors may be asked by planning officers to seek advice from the Monitoring Officer about any possible prejudicial interests before discussing a case with a Planning Officer.

5.13 – Councillors with prejudicial interests are not entitled to attend the Development Control and Environmental Protection Committee or the Planning Committee meeting for determination of the planning application in which they have a prejudicial interest, even where their representations made in a private capacity are summarised in the report.

A member in this category could however appoint an agent to attend for this item in accordance with the rules for public speaking on planning applications provided the agent is not another member of the Council.

5.14 – Councillors who are dual hatted, i.e. those who serve on more than one relevant Authority and other public bodies when wishing to make representations on planning applications should refer to the guidance issued by the Standards Board for England entitled "Lobby Groups, Dual Hatted Members and the Code of Conduct". A copy of the booklet may be inspected in the office of the Monitoring Officer or viewed on the Standards Board for England website at www.standardsboard.co.uk.

3. That it be recommended to Council that the existing paragraph numbered 5.10 therefore needs to be renumbered "5.15". It should also be preceded with a heading which reads "Training/Seminars for Members Interests."

32/05 CHAIRMEN OF OVERVIEW AND SCRUTINY COMMITTEES

Consideration was given to a report by the Assistant Chief Executive (Monitoring Officer) in respect of the eligibility criteria for chairmen of the Overview and Scrutiny Committees.

Councillors Clarke and Richey spoke on this item at the invitation of the Chairman in accordance with the Constitution.

RESOLVED:

That it be recommended to Council that paragraph 6 of the Overview and Scrutiny procedure rules be amended to read as follows:

"The chairman of each committee must be from a political group which has no seats on the Cabinet."

33/05 WARD MEMBER PROTOCOL

Consideration was given to a report by the Assistant Chief Executive (Monitoring Officer) in relation to the adoption of a protocol about information to be provided to Ward Members.

RESOLVED:

That, subject to the following amendments, Council be recommended to adopt the Protocol for Local Ward Members annexed to the report of the Assistant Chief Executive (Monitoring Officer) for inclusion in Part 5 of the Constitution:

1. Insert the word "normally" in the second line of paragraph 5 of the protocol between the words "should" and "ensure."
2. Insert the word "normally" in the third line of paragraph 7 of the protocol between the words "should" and "send."
3. Insert the word "normally" in the third line of paragraph 9 of the protocol between the words "should" and ", as."
4. Amend paragraph 17 to read as follows:

"Where a member wishes to propose a motion, seek a debate or otherwise speak in a meeting of the full Council or a Committee in relation to a local matter in another member’s Ward they should seek, as a matter of courtesy, to give prior warning to the local ward member(s).

5. Amend paragraph 19 to read as follows:

"The local ward member(s) under this protocol must not make public nor make personal use of any information or material supplied to them where the supplier of the information has indicated that it is of a confidential nature."

34/05 MEMBERSHIP OF POLITICAL GROUPS – APPOINTMENT OF MEMBERS TO COMMITTEES IN ACCORDANCE WITH POLITICAL REQUIREMENTS

Consideration was given to a report by the Assistant Chief Executive (Monitoring Officer) in relation to the appointment of Members to Committees in accordance with the political balance requirements.

RESOLVED:

That in accordance with Article 15.02(A) it be recommended to Council that the proposed amendments to the Protocol for the Annual Appointment of the Cabinet, Leader, Committees and Representatives on Outside Bodies as shown in italics on the Annex to the report by the Assistant Chief Executive be approved

35/05 SCRUTINY WORKING GROUPS

Consideration was given to a report by the Assistant Chief Executive (Monitoring Officer) in relation to the establishment of Working Groups to exercise certain of the Scrutiny Committees’ functions.

RESOLVED:

That it be recommended to Council that the Constitution be amended as follows:

(a) Amend the heading to paragraph 10 to read "Policy Advisory Groups and Scrutiny Working Groups"

(b) Renumber the existing paragraphs 10 (a) to (c) as 10.1 (a) to (c) and insert the following:

"10.2 (a) The Scrutiny Committee may establish Working Groups to conduct performance management of partnerships and to pre-scrutinise decisions. Such Groups may be established by resolution of the Committee or by officers in consultation with the Chairman.

10.2(b) Scrutiny Working Groups will consist of 3 or 4 Councillors drawn from the Committee and/or other non-executive members. They may also invite the Portfolio Holder to attend to take part in the work of the group.

10.2 (c) When establishing a Scrutiny Working Group the Committee or officer must agree:

• Precise terms of reference for the Group;
• The date by which it must report back and the number of meetings it is expected to hold.
• Whether the Group should, in exceptional circumstances only, report direct to Cabinet or Council instead of the Committee
• The officer support required
• The membership of the Group and which other persons, including members of the Executive, it should invite to take part in the work of the group.

10.2 (d) The Scrutiny Working Groups will have the same powers to call members and officers to give account and to require the attendance of others as the Scrutiny Committee set out in paragraphs 14 and 15 below and also the powers of the Scrutiny Committee with regard to the Performance Management of Contracts and Partnerships set out in paragraph 19."

36/05 COUNCIL PROCEDURE RULES – PART 4 OF THE CONSTITUTION: SUBSTITUTES

Consideration was given to a report by the Assistant Chief Executive (Monitoring Officer) in relation to the processes to be followed in respect of substitute Members attending Committee meetings.

RESOLVED:

That it be recommended to Council that:

(a) Part 4 of the Constitution be amended by preceding the words "substitute members may attend …" with "(a)"

(b) The insertion of additional paragraphs to read as follows:

"(b) A substitute member taking the place of an ordinary member attends as a member of the committee for the whole of the meeting for which he/she is the designated substitute and also in the event of an adjournment of the meeting for the whole of the reconvened meeting.

(c) The ordinary member is not permitted to attend as a member of the Committee for part of or the whole of the relevant Committee meeting where a designated substitute on his or her behalf has been notified to the Chief Executive in accordance with 4.4 (a) (iii) above"

37/05 PUBLICITY AROUND COMPLAINTS UNDER THE MEMBERS’ CODE OF CONDUCT

Consideration was given to a report by the Assistant Chief Executive (Monitoring Officer) in relation to procedures for handling publicity around complaints under the Members’ Code of Conduct.

RESOLVED:

(a) That information relating to complaints under the Code of Conduct be handled in accordance with the sheet set out at Annex A to the report by the Assistant Chief Executive (Monitoring Officer) except that the information referred to in paragraph 5(a) be sent to the Standards Committee, local Borough Council Ward Member, the member complained of, the complainant and the Clerk of any relevant Parish Council one day before they are made available to the press and public and subject to the inclusion of the words "though the Council will acknowledge that a case has been referred" following the word "Confidential" in paragraphs 3a and 3b.

(b) That in relation to a complaint about a Parish Council member, the Clerks be warned when they receive the full agenda papers for a hearing that they may need to brief their Councillors.

38/05 EMPLOYEE INTERESTS – GUIDANCE NOTES

Consideration was given to a report by the Assistant Chief Executive (Monitoring Officer) in relation to amendments to the Officers’ Code of Conduct (Part 5 of the Constitution) and introducing guidance notes as an Annex in respect of situations where employees of the Council have an interest or a potential or perceived interest in part of the Council’s business/services.

RESOLVED:

(a) That it be recommended to Council that paragraph 7 of the Officers’ Code of Conduct be amended to read as follows:

"7. Employees’ Interests

7.1 Employees are required to declare and register any interests that could place them in a position where there might be a conflict or a perceived conflict of interests (see Annex IV) relating to Employees’ Interests – Guidance Notes)"

(b) The Employees’ Interests Guidance Notes annexed to the report of the Assistant Chief Executive (Monitoring Officer) be approved.

39/O5 OUTCOME OF COMPLAINT TO THE STANDARDS BOARD

Consideration was given to the decision of the Standards Board for England to not investigate an allegation which had been made that Councillor Mrs. Sandford had failed to comply with the Code of Conduct.

The Assistant Chief Executive (Monitoring Officer) referred to an addition decision which had been received confirming that the Standards Board for England would not investigate an allegation which had been made that Councillor Mrs. Chaplin had failed to comply with the Code of Conduct.

The notification from the Principal Referral Case Manager on behalf of the Standards Board for England in respect of the allegations against both Councillors Mrs. Chaplin and Mrs. Sandford were circulated at the meeting.

RESOLVED:

That the decisions of the Standards Board for England to not investigate allegations made against Councillors Mrs. Chaplin and Mrs. Sandford be noted.

6.30 p.m. – 8.30 p.m.