Agenda and minutes

The Chairman welcomed to the meeting representatives from the Standards Board for England (Anne Rehill, Caroline Matthews and Sarah Leigh).  They had been attending a number of Standards Committee meetings in the North-West in an effort to gain a deeper understanding of their operation. 

Apologies for absence were received from Councillor J Hammond, Mrs P Barnett and Mr I Clark .

To provide an opportunity for Members and Officers to declare any personal and/or prejudicial interests in any item on the agenda

No Member made any declaration of interest in any item of business on the agenda.

In accordance with Procedure Rules Nos. 11 and 35 a total period of 10 minutes is allocated for members of the public to address the Committee on any matter relevant to the work of the Committee.

Individual members of the public may speak for up to 5 minutes but the Chairman will decide how the period of time allocated for public speaking will be apportioned where there are a number of speakers.

Note: In order for Officers to undertake any background research it would be helpful if questions were submitted at least one working day before the meeting.

In accordance with Procedure Rules Nos. 11 and 35 a total period of 10 minutes was allocated for members of the public to address the Committee on any matter relevant to the work of the Committee.

There were no members of the public present and the Committee, therefore, proceeded to its next business.

To approve the Minutes of the meeting held on 18^th May 2009.

RESOLVED:  That the minutes of the meeting held on 18^th May be approved as a correct record.

To approve as correct records the Minutes of the following Sub-Committees –

·              12^th May 2009 – Local Assessment Sub-Committee

·              12^th May 2009 – Hearings Sub-Committee

·              17^th June 2009 – Hearings Sub-Committee

49.1Minutes of Local Assessment Sub-Committee – 12^th May 2009

            RESOLVED

That the minutes of the meeting of the Local Assessment Sub-Committee meeting held on 12^th May 2009 be approved as a correct record.

49.2Minutes of Hearings Sub-Committee – 12^th May 2009

            RESOLVED

That the minutes of the meeting of the Hearings Sub-Committee held on 12^th May 2009 be approved as a correct record, subject to the inclusion of the word “Hearings” in the heading.

49.3Minutes of Hearings Sub-Committee – 17^th June 2009

            RESOLVED

That the minutes of the meeting of the Hearings Sub-Committee held on 17^th June 2009 be approved as a correct record.

To receive for information, the Standards Board for England Guidance on Determinations. This guidance will assist Members when they become involved in the determination of complaints.

Members of the Committee received for information the Standards Committee Guide on Determinations. This guidance would assist Members when they became involved in the determination of complaints.

During discussion, reference was made to a draft procedure which had been prepared, for operation at meetings of the Sub-Committees.

RESOLVED

That

Subject to the draft procedure being approved by the Monitoring Officer, a copy be issued to all Members of the Committee.

To receive the Vice-Chairman’s report of a meeting of the Publicity Working Group held on 23^rd June 2009.

Members’ attention is drawn to the following -

(1)       Draft Publicity Leaflet (Making a Complaint)

            At the meeting held on 18^th May 2009, it was reported that the Publicity Sub-Committee had developed a leaflet intended to explain, in a user-friendly manner, the role and work of the Standards Committee.

            At that meeting, a draft document was considered and a number of suggested amendments were made.  These have been incorporated into a revised document which is now attached for approval, in principle, subject to a number of editorial amendments which are required. 

(2)       Guidance on Personal and Prejudicial Interests

            A guidance note on declaration of personal and prejudicial interests has been prepared by the Publicity Sub-Committee and submitted to the Standards Board for England for confirmation.  A draft is attached and Members’ comments are invited.

(3)       Council’s Website

            In due course, the publicity leaflet will be added to the Council’s website, together with links to the Standards Board for England and the Adjudication Panel.          

51.1         Draft Publicity Leaflet (Making a Complaint)

At the meeting held on 18^th May 2009, it had been reported that the Publicity Working Group had developed a leaflet intended to explain, in a user-friendly manner, the role and work of the Standards Committee.

At that meeting, a draft document was considered and a number of suggested amendments were made.  These had been incorporated into a revised document which was now submitted for approval, in principle.  A number of editorial amendments were required and the Chief Officer of the Cheshire Association of Local Councils had also suggested an amendment, namely –

Third page of leaflet – heading “Code of conduct” – first line to read “The Councils have adopted a Code of Conduct…..”

The document was intended for wide distribution; sufficient numbers would be issued to Town and Parish Councils to enable copies to be provided for each Town and Parish Councillor; it was expected that it would be included in the next edition of the Cheshire East newsletter which was distributed to each household in the borough; and copies would be provided for libraries and other appropriate deposit locations.

Mr Pomlett undertook to prepare a brief draft press release for issue to the Communications Team. 

RESOLVED

That

(1)               The leaflet submitted be approved, subject to amendments discussed at the meeting, and any other minor amendments to be agreed between the Chairman and the Monitoring Officer;

(2)               In due course, the leaflet be issued to Town and Parish Clerks; and

(3)               The leaflet be issued early September 2009.

51.2         Guidance on Personal and Prejudicial Interests

A guidance note on declaration of personal and prejudicial interest had been prepared by the Publicity Working Group and submitted to The Standards Board for England for confirmation.

Neither the Standards Board nor the Monitoring Officer had had the opportunity to consider the document. 

RESOLVED

That subject to comments to be made by the Monitoring Officer and Standards Board for England the guidance note be issued in September 2009.

51.3         Council’s Website

It was noted that in due course, the following would be added to the Council’s website on the Standards Committee page –

·        Publicity leaflet on the work of the Committee (Minute No. 51.1);

·        Guidance Note on Personal and Prejudicial Interests (Minute No. 51.2);

·        Link to the Standards Board for England and the Adjudication Panel.

The attached draft Complaints Form is submitted for consideration and is based on Guidance issued by the Standards Board for England. 

The Committee’s comments are invited, following which, a revised form will be submitted for adoption at the September meeting.

A draft Complaints Form was submitted for consideration and comment.  The form was based on Guidance issued by the Standards Board for England. 

One amendment was suggested, namely -

Page 2 – top of document – paragraph “Please Note:  This form is available on the Council’s website, but cannot be accepted electronically.   Please submit as hard copy to The Monitoring Officer, Westfields, Middlewich Road, Sandbach, CW11 1HZ” :  paragraph to be transferred to Paragraph 4 on page 3, entitled “Making your complaint”.

RESOLVED

That subject to -

(1)               The suggested amendment being made; and

(2)               The agreement of the Monitoring Officer;

The draft Complaints Form be approved.

At its meeting held on 18^th May 2009, the Committee agreed to support the Code of Conduct Compact for use within Cheshire East. 

The Monitoring Officer, together with the Chairman, Vice-Chairman and Mr K Edwards, met with the Chief Officer of the Cheshire Association of Local Councils on 8^th July 2009.  A verbal report will be presented to the Committee.  A written report will be submitted to the Committee on 21^st September.

At its meeting held on 18^th May 2009, the Committee agreed to support the Code of Conduct Pilot Compact for use within Cheshire East. 

The Committee had resolved that the Monitoring Officer, together with the Chairman, Vice-Chairman and Mr K Edwards, meet with the Chief Officer of the Cheshire Association of Local Councils to discuss the project and the means by which it could be applied within Cheshire East.

The Vice-Chairman reported on the meeting which was held on 8^th July 2009.

RESOLVED

That

(1)       The verbal report of the Vice-Chairman be received;

(2)       A Working Group be established, comprising the Chairman (Mr Nigel Briers), Vice-Chairman (Mr David Sayer), Mrs Teresa Eatough, Mr Ken Edwards and Councillor J Goddard, to develop the scheme;

(3)       The Terms of Reference for the Working Group be approved as follows –

(i)                 To give further consideration to the Pilot Compact and the draft 13-point agreement, and, if appropriate, make recommendations;

(ii)               To liaise with, and seek further information and guidance from Cheshire Association of Local Councils in respect of service provision, training and costings.

(iii)             To engage with Cheshire West and Chester Council with a view to defining issues of common interest and procedural benefit;

(4)       An interim written report be submitted to the Committee at its September meeting, with a final report being submitted no later than November 2009; and

(5)       The first meeting of the Working Group be held on Tuesday, 4^th August at 10.30 am in the Municipal Buildings, Crewe, subject to meeting room availability; and

(6)       In the meantime, the Monitoring Officer be asked consider the wider resource and budgetary implications of development of the Pilot Compact.

At its meeting held on 18^th May 2009, the Committee received a verbal report from the Monitoring Officer in respect of practical difficulties encountered with the Terms of Reference for both the Assessment Sub-Committee and the Hearings Sub-Committee.

Members agreed to revisions to the Terms of Reference, and delegated authority to the Monitoring Officer to make any consequential amendments.

A copy of the revised Terms of Reference is enclosed, together with the Monitoring Officer’s covering report.  Members will note that no changes have been made to the Review Sub-Committee.

The Committee is asked to confirm the changes made.

At its meeting held on 18^th May 2009, the Committee received a verbal report from the Monitoring Officer in respect of practical difficulties encountered with the Terms of Reference for both the Assessment Sub-Committee and the Hearings Sub-Committee.

Members had agreed revisions to the Terms of Reference and had delegated authority to the Monitoring Officer to make any consequential amendments.

The Committee now considered the report of the Monitoring Officer which detailed the changes to the Terms of Reference for two of the standing Sub-Committees, namely (1) Assessment; and (2) Hearings.  The Terms of Reference for the Review Sub-Committee remained unaltered.

RESOLVED

That the revised Terms of Reference for the Assessment Sub-Committee and the Hearings Sub-Committee be confirmed.

To receive for information Issue No. 44 (June 2009) of The Bulletin published by the Standards Board for England.

The Committee received for information the Standards Board for England Bulletin No. 44.

Attention was drawn to the changes to the criteria for granting dispensations for Members to speak and vote when they had a personal and prejudicial interest. 

The Committee is invited to consider future training needs for Members of the Committee and elected Members in general.

The Committee was invited to consider future training needs for Members of the Committee and elected Members in general.

No current training needs were identified.

It was, however, reported that the Annual Assembly of Standards Committees was to be held in Birmingham on 12^th and 13^th October. 

RESOLVED

That subject to budget availability, Mr David Sayer, Councillor Rhoda Bailey and Mrs Teresa Eatough attend the Standards Board Annual Assembly to be held at the International Convention Centre, Birmingham on 12^th and 13^th October 2009.