Agenda and minutes

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 its work.

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.  Members of the public are not required to give notice to use this facility.  However, as a matter of courtesy, a period of 24 hours’ notice is encouraged.

Members of the public wishing to ask a question at the meeting should provide three clear working days’ notice, in writing, to enable an informed answer to be given.

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 its work, or to ask questions.

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

To approve the Minutes of the meeting held on 23^rd November 2009.

RESOLVED:

That the minutes of the meeting held on 23^rd November 2009 be approved as a correct record.

The  Vice-Chairman to report that owing to the current unavailability of the Chief Officer of the Cheshire Association of Local Councils, the Pilot Compact Working Group has not met since 29^th October 2009.  It is expected that a meeting will be arranged in the near future with the aim of submitted the final report to the March meeting of the Committee.

The Vice-Chairman reported that owing to the recent unavailability of the Chief Officer of the Cheshire Association of Local Councils, the Pilot Compact Working Group had not met since 29^th October 2009.  The Chief Officer had now resumed work and arrangements would be made for a meeting of the Group in the near future.

RESOLVED:

That the report be noted.

At the previous meeting, Members expressed concern that the dedicated webpage “Councillor Conduct” could not be placed more prominently on the Council’s website owing to both technical difficulties and the requirement to adhere to guidance on hierarchical navigation.

The Committee resolved that a request be submitted to ICT for this page to be included on the left-hand navigation page of the home page.

Members are asked to note that the “Councillor Conduct” page has now been added to the home page listed under “I want to…..” in close proximity to the left-hand navigation pane. For ease of reference, a copy of the home page is attached.

The Monitoring Officer had reported at the previous meeting, Members had expressed concern that the dedicated webpage “Councillor Conduct” could not be placed more prominently on the Council’s website owing to both technical difficulties and the requirement to adhere to guidance on hierarchical navigation.

The Committee had not accepted this and had resolved that a request be submitted to ICT for this page to be included on the left-hand navigation pane of the home page.

Following the Committee’s request, ICT had added the “Councillor Conduct” page to the home page listed under “I want to…..” in close proximity to the left-hand navigation pane.

Members were satisfied with the changes made and received for information a copy of the home page of the Council’s website.

RESOLVED:

That the position be noted.

The Chairman to report on the “Away-Day” held on 11^th December 2009. 

(1)       Terms of Reference

The Terms of Reference for the Standards Committee were discussed and a separate report has been included as item 9 on this agenda.

(2)       Planning Training

The issue of planning training for Members was raised in the context of Members’ input into policy development, for example, the Local Development Framework. The Member Training Programme is currently being developed and, if required, arrangements can be made for a session which will focus on this aspect of planning.

In July 2009, Trevor Roberts Associates delivered an in-house planning session to Members of Cheshire East Council.  Although this was principally related to planning enforcement, the topic of general planning was also covered.  A copy of the programme for the event is enclosed.

On 15^th February 2010 Members will be invited to attend an in-house planning training session which will focus on conservation matters, and later in the year a session on development control is planned. 

At the conclusion of the March meeting of the Committee, a one-hour planning training session is to be delivered to the non-elected Members. 

Each elected Member of the Council has already been provided with a “Development Management Member Pack” and copies of this will be available at the meeting for non-elected Members of the Committee.

(3)       Complaints Form

The complaints form, based on guidance by Standards for England, has already been up-loaded onto the website. The Chairman has requested the inclusion of this item for review by Members of the Committee.  A copy of the current complaints form is attached for consideration.

The Chairman reported on the “Away-Day” held on 11^th December 2009.  In addition to Members of the Standards Committee, the Vice-Chairman of Cheshire West and Chester Council was also in attendance.  The following issues had arisen during the event -

(1)       Terms of Reference

It was noted that there was a separate report on the agenda in respect of the Terms of Reference for the Standards Committee.

(2)       Planning Training

The issue of planning training for Members had been raised in the context of Members’ input into policy development, for example, the Local Development Framework. The Member Training Programme was currently being developed and, if required, arrangements could be made for a session which would focus on this aspect of planning.

In July 2009, Trevor Roberts Associates had delivered an in-house planning session to Members of Cheshire East Council.  Although this had principally related to planning enforcement, the topic of general planning had also been covered.  A copy of the programme for the event was submitted for information.

It was reported that on 15^th February 2010 Members would be invited to attend an in-house planning training session which would focus on conservation matters, and later in the year a session on development control was planned. 

At the conclusion of the March meeting of the Committee, a one-hour planning training session was to be delivered to the non-elected Members. 

Each elected Member of the Council had already been provided with a “Development Management Member Pack” and copies of this were now available for non-elected Members of the Committee.

(3)       Complaints Form

The complaints form, based on the toolkit provided by Standards for England, had already been up-loaded onto the website and a copy was now submitted to the Committee for consideration

The Chairman had requested the inclusion of this item for review by Members. 

Discussion focused on question 3 which related to equality monitoring information. Members were of the view that the question was intrusive and likely to dissuade members of the public from completing the form.  It was suggested that the question be removed from the body of the complaints form, and attached as a separate sheet to be marked “optional”.

Members also commented that the explanatory notes accompanying the complaints form were couched in language which was complicated. 

It was noted that local authorities were under a statutory duty to promote equality.  The explanatory notes and the question on equality monitoring had been based on the toolkit provided by Standards for England.

RESOLVED:

That the following changes be made to the complaints form –

(a)                     Question 3 be removed from the body of the form, and appended as a separate sheet marked to the effect that its completion was optional; and

(b)                     Contact details currently provided on page 5 of the form be repeated in a prominent position on the front page.

The Committee is asked to note that two training sessions for both Borough Councillors and town and parish councillors have been arranged on Wednesday, 10^th February (Crewe) and Wednesday, 17^th February (Macclesfield) respectively. The events, which will start at 6.00 pm, will consider matters relating to the Code of Conduct.

It was reported that two training sessions for Borough Councillors and town and parish councillors had been arranged on Wednesday, 10^th February (Crewe) and Wednesday, 17^th February (Macclesfield) respectively. The events would consider matters relating to the Code of Conduct.

Subsequent to these arrangements being made, it had transpired that Standards for England would be submitting its proposals for the new Code of Conduct to Communities and Local Government in the near future.  The new Code was not likely to be available until March/April.  In view of this development, it was suggested that the training be postponed until the new Code of Conduct had been published.

RESOLVED:

That the two training sessions on the Code of Conduct, to be held in February 2010, be postponed until the new Code of Conduct had been published.

To consider the Monitoring Officer’s report in respect of the Terms of Reference for the Standards Committee.

The report addresses the issue of whistle-blowing and anti-bullying;  both policies are attached as appendices.

The Committee considered the Monitoring Officer’s report in respect of the Terms of Reference for the Standards Committee.

The report had been prepared following discussion at the “Away-Day” held on 11^th December 2009, at which time the issue of whistle-blowing and anti-bullying had been raised.  A copy of the whistle-blowing policy and the anti-bullying policy, styled as the “Dignity at Work” policy were submitted with the report.

Members’ discussion focused on the audit function which currently rested with the Governance and Constitution Committee. Members were informed that the Key Lines of Enquiry (the questions which the Audit Commission used to assess local authorities during the Corporate Performance Assessment process) required the establishment of a bespoke Audit Committee. Initial discussions had taken place at Officer level and the Monitoring Officer would be discussing this with the Chairmen of the Governance and Constitution Committee and the Standards Committee. The Democratic Services Manager had been  asked to prepare a report which explored the possible division of responsibilities between the two Committees, with particular reference to the audit function.

Reference was made to the “Dignity at Work” policy.  Comment was made that this related to the relationship between employees but did not take into account the relations between Members and Officers.  It was suggested that a draft Member/Officer Protocol be prepared for consideration and development.

RESOLVED:

That

(a)               The question of a Member/Officer Protocol be considered at the next meeting; and

(b)               That a report be submitted to the next meeting in respect of the possible division of responsibilities between the Governance and Constitution Committee and the Standards Committee, with particular reference to the audit function.

To receive for information No. 46 of The Bulletin issued by Standards for England.

The Committee received for information Bulletin No. 46 issued by Standards for England.

RESOLVED:

That the contents of the bulletin be noted.

At the conclusion of the meeting, there will be an opportunity for Members to view a DVD issued by Standards for England.  The DVD is scenario-based and shows the behaviour of councillors, which may breach the Code of Conduct, and how an Assessment Sub-Committee carries out an assessment.

Members were able to view a DVD on “Assessment Made Clear”.  There were some technical difficulties and it was agreed that a replacement copy be acquired from Standards for England and, if possible, a copy for each Member of the Committee, free of charge.

RESOLVED: 

That the viewing of the DVD “Assessment Made Clear” be deferred to a later meeting.