Issue - meetings

To consider the recommendations set out in the report in respect of proposed new arrangements for Standards in accordance with the Localism Act 2011.  

For completeness, a copy of the notes from the meeting of the Issues and Ideas Working Group held on 23 January 2012 to discuss the matter is also attached.           

The Committee considered the report of the Borough Solicitor and Monitoring Officer which i) set out the requirements of the Localism Act 2011; and ii) summarised the arrangements the Council would have to put in place to comply with its duties under the Act. 

The Issues and Ideas Working Group had met on 23 January 2012 to facilitate an open discussion on the matter, the outcome of which was incorporated into the presentation now given by the Borough Solicitor.  By way of introduction, it was reported that the Regulations, which would underpin much of the process were still awaited.  

The Borough Solicitor began by outlining the requirements of the Act, Appendix D (flowchart) illustrating the procedure proposed i.e.

1.         Complaint received and acknowledged by Monitoring Officer

2.         Initial assessment by an ad-hoc Audit and Governance Sub-Committee to establish whether there had been a breach of the Code of Conduct within 21 days of receipt of the complaint   

3.         The Sub-Committee to have three options available to it; 

¨            no further action

¨            refer to the relevant Group Leader for informal action (for Councillor to Councillor complaints)

¨            refer for external investigation

4.         There would be no right of appeal for ‘no action’ cases

5.         External investigations would need to be completed within 8 weeks

6.         Hearing to be conducted by way of written representations with no right of appeal

At the conclusion of the presentation, members were invited to ask questions and give their views on the draft procedure.   

Of concern to the Committee was the new role of Independent Person; insofar as the Act prohibited Independent members from applying for the post.  Following a lobbying campaign to which Cheshire East had added its voice, the Borough Solicitor reported that the Secretary of State had indicated he was minded to introduce transitional arrangements which would allow Independent members to apply for and be appointed as Independent Persons for the initial term of office, expected to be four years.

Having considered the flowchart, specifically the proposal to deal with Member to Member complaints within political groups; it was the Chairman’s view that the procedure was not balanced as it provided no equivalent mechanism for dealing with Town and Parish complaints.  Having considered the matter, the Chairman and Vice Chairman had produced a paper (tabled at the meeting) which proposed the appointment of an Advisory Panel (made up of elected members, parish representatives and Independent members/Persons) which would meet with the complainant and subject member to try and resolve the grievance, to avoid the necessity of a full investigation.

The idea of independent involvement and opportunities for conciliation found favour with the Committee although not necessarily in the format proposed. 

Some members considered that Independent members/the Independent Person should participate in the gateway procedure to help filter out vexatious complaints and ensure that resources were not wasted on unnecessary investigations.  Others were concerned that the involvement of the Independent Person at this stage might prejudice his/her view at a later point in  ...  view the full minutes text for item 28