To consider a report by the Head of Legal and Democratic Services and Monitoring Officer proposing a new Standards regime for the Council.
Contact:Ms C Deller 388007
Minutes:
The Panel considered a report by the Head of Legal and Democratic Services and Monitoring Officer (a copy of which is appended in the Minute Book) detailing the provisions of the Localism Act 2011 in respect of Standards and the Code of Conduct.
The Head of Legal and Democratic Services and Monitoring Officer reported that draft regulations had been published on 10th June 2012, with an implementation date of 1st July 2012. Consideration was then given to the implications of the regulations upon the Council which would result in the existing national Code of Conduct ceasing on 30th June 2012. This would require the adoption of a new Code of Conduct by 1st July 2012, or as soon as possible thereafter.
Members then considered a number of proposed new model Codes of Conduct, whilst having taken into account the views of the Standards Committee. In so doing, the Panel expressed their support for the proposed Code of Conduct recommended by the Standards Committee. The Head of Legal and Democratic Services tabled an updated version of the Code (a copy of which is also appended in the Minute Book) which had been amended since the Standards Committee meeting.
Members then discussed a number of other matters relating to the registration and disclosure of Members’ Interests, the appointment of a new Standards Committee; including independent persons and Parish Council representatives, arrangements for responding to complaints and whether a Member should withdraw from a meeting room during consideration of any item of business in which he/she may have a disclosable pecuniary interest. Having regard to the arrangements for responding to complaints, comment was made that consideration should be given to enabling individuals to have some right of appeal on any decisions which are made against them.
Given that the changes require amendments to be made to the Council’s Constitution, the Panel
RECOMMEND
that the Council
(a) adopt the Code of Conduct as tabled at the meeting as the new Code for Huntingdonshire;
(b) authorise the Head of Legal and Democratic Services and Monitoring Officer to establish and maintain a new Register of Members’ Interests in compliance with the requirements of the Localism Act 2011 and the Council’s Code of Conduct and ensure it is available for public inspection in accordance with the Act;
(c) authorise the Head of Legal and Democratic Services and Monitoring Officer to establish and maintain new Registers of Interest for each Parish Council in Huntingdonshire in compliance with the Localism Act 2011 and the Code of Conduct adopted by the respective Parish Councils and ensure that they are available for public inspection in accordance with the Act;
(d) appoint a Standards Committee comprising seven elected Members of the District Council based on appropriate political proportionality and to include one Member who is a Member of the Executive (as currently constituted);
(e) invite Parish Councils to nominate two Parish Councillors to be co-opted as non-voting members of the Committee;
(f) authorise the Head of Legal and Democratic Services and Monitoring Officer to commence the process for the appointment of at least two independent persons (one permanent and one able to act in reserve) and to undertake a review of the role and remuneration of the position;
(g) establish a Selection Panel comprising three Members of the Standards Committee to short list and interview candidates for the position of independent persons and to recommend an appointment to Council;
(h) authorise the Head of Legal and Democratic Services and Monitoring Officer to pursue, if appropriate, the possibility of a joint recruitment exercise with Cambridgeshire Authorities to appoint independent persons;
(i) authorise the Head of Legal and Democratic Services and Monitoring Officer, after consultation with the Chairmen of the Standards Committee and Corporate Governance Panel, to finalise the protocol for the discharge of functions in relation to allegations that a Member of Huntingdonshire District Council or Parish Council in the District failed to comply with the adopted Code of Conduct;
(j) appoint the Head of Legal and Democratic Services and Monitoring Officer as the Proper Officer to receive complaints of failure to comply with the Code of Conduct and authorise him/her to determine allegations in accordance with the agreed protocol;
(k) authorise the Head of Legal and Democratic Services and Monitoring Officer, after consultation with the Chairmen of the Standards Committee and Corporate Governance Panel, to make any appropriate variations to the Constitution consequent upon the changes to the District Council’s Standards arrangements; and
(l) amend the Council’s Procedure Rules (Standing Orders) to require that a Member must withdraw from a meeting room during the consideration of any item of business in which he/she has a disclosable pecuniary interest.
Supporting documents: