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 declarations of interest were made.

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. It is not required to give notice of the intention to make use of public speaking provision, however, as a matter of courtesy, a period of 24 hours notice is encouraged.

Members of the public should provide 3 clear working days notice, in writing, if they wish to ask a question at the meeting, in order for 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 a question.

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

To approve the Minutes of the meeting held on 26 July 2010.

RESOLVED: That the minutes of the meeting held on 26 July 2010 be approved as a correct record.

At the meeting of the Standards Committee held on 26 July 2010, the role of each of the Sub-Committees was discussed and clarification sought.  The attached report details the Terms of Reference for each of the Sub-Committees of the Standards Committee, namely [(1) Assessment Sub-Committee; (2) Review Sub-Committee; (3) Hearings Sub-Committee, which is divided into the two roles of (i) consideration; and (ii) hearings. 

At the meeting held on 26 July 2010, the role of each of the Sub-Committees was discussed and clarification sought. 

The report now submitted detailed the Terms of Reference for each of the Sub-Committees of the Standards Committee, namely Assessment Sub-Committee; Review Sub-Committee; and Hearings Sub-Committee, which was divided into the two role of (i) consideration; and (ii) hearings.

RESOLVED: That the Terms of Reference for the Sub-Committees of the Standards Committee be noted.

To consider the joint report of the Monitoring Officer and the Head of Planning and Policy which proposes amendments to the Planning Protocol adopted by Council on 24^th February 2009. 

The Committee is invited to commend the revised Planning Protocol to the Constitution Committee for inclusion in the Constitution.

Consideration was given to a report which proposed amendments to the Planning Protocol adopted by Council on 24 February 2009. The Committee was invited to review and comment on the document and to commend it to the Constitution Committee for approval.

A query was raised regarding consistency between paragraph 11.3 of the document and the Public Speaking Rights Protocol used at Strategic Planning Board and Planning Committees. Whilst paragraph 11.3 confirmed that Members with a personal and prejudicial interest in a planning application could only speak for the purpose of making representations, answering questions, or giving evidence relating to the matter, following which, they would be required to withdraw from the meeting room, (wording which had been taken from the National Code of Conduct for Members), the Public Speaking Protocol indicated that no questions should be asked of Council Member speakers.

RESOLVED:

That

1.                  the revised Planning Protocol be commended to the Constitution Committee for approval without amendment; and

2.                  a review of the Public Speaking Protocol be undertaken to ensure consistency.

The attached report provides an update on the work undertaken to develop a protocol for values and behaviours for use within partnerships.

The Committee is invited to -

i)                    endorse the action taken by the Local Strategic Partnership to integrate the Standards in Partnerships Protocol into the LSP Partnership Agreement;

ii)                  request the Head of the Partnership Team to produce an Annual Report for this Committee on the effectiveness of the Partnership Agreement;

iii)                request the Monitoring Officer to promote the agreement across Cheshire East for those Partnerships outside the Local Strategic Partnership Framework; and

iv)                request the Constitution Committee to consider incorporating the agreed Protocol into the Constitution as part of its ongoing review.

The Committee considered a report which updated Members on the work undertaken to develop a protocol for values and behaviours for use within partnerships.

At its meeting held on 23 November 2009, the Committee established a working group of Members and Officers to develop a local protocol for use across Cheshire East.  The working group had met on several occasions to develop the protocol, which was subsequently submitted to the Local Strategic Partnership (LSP) Executive.

The LSP Executive had endorsed the principles and had incorporated the document into its recently  published Partnership Agreement.

RESOLVED:

That

1.                  the action taken by the Local Strategic Partnership to integrate the Standards in Partnerships protocol into the LSP Partnership Agreement be endorsed;

2.                  the Head of the Partnerships Team be requested to produce an Annual Report for this Committee on the effectiveness of the Partnership Agreement;

3.                  the Monitoring Officer be requested to promote the agreement across Cheshire East for those Partnerships outside the Local Strategic Partnership Framework; and

4.                  the Constitution Committee be requested to consider incorporating the agreed Protocol into the Constitution as part of its on-going review.

ICT Security Policies have been developed and agreed and a Code of Practice for Staff has been developed to give specific examples and guidance to aid the interpretation of the detailed policies. 

A Code of Practice for Members has also been produced to give specific examples. The Committee is asked to adopt the ICT Code of Practice for Members.

The Head of ICT Security reported on the development of Cheshire East ICT Security Policies. A Code of Practice for Staff had been produced, to give specific examples and guidance to aid the interpretation of the detailed policies.

A Code of Practice for Members had also been produced, and the report submitted detailed that Code of Practice.

During discussion of the Code, Members commented that the second sentence under paragraph 3, “Guidance when using Council Equipment”, sub-paragraph 3.1 “Use and Protection”, second bullet-point (“Receiving e-mail on a separate private e-m ail account from a Member’s group or party would not be regarded as improper.”), was unnecessary and should be removed.

RESOLVED:

That, subject to the amendment described above, the ICT Code of Practice for Members be adopted by the Standards Committee as a protocol.

At its meeting held on 26 July 2010, the Committee considered a report which provided a summary of complaints dealt with by the Local Government Ombudsman in respect of Cheshire East Council for the period 1 April 2009 to 31 March 2010.

The Committee requested a summary report on both Local Government Ombudsman complaints and customer complaints to be submitted to each meeting of the Committee.

The attached combined report provides a summary of the corporate complaints and Local Government Ombudsman complaints for the period 1 April 2010 to 30 June 2010.

The Committee is asked to note the report and make any comments it considers appropriate.

At its meeting held on 26 July 2010, the Committee considered a report which provided a summary of complaints dealt with by the Local Government Ombudsman in respect of Cheshire East Council for the period 1 April 2009 to 31 March 2010.

The Committee had requested a summary report on both Local Government Ombudsman complaints and customer complaints to be submitted to each meeting.

The report submitted provided a summary of the corporate complaints and the Local Government Ombudsman complaints for the period 1 April 2010 to 30 June 2010.

RESOLVED:

That the report be noted.

To receive the Standards for England Bulletin No. 48.

Bulletin No. 48 (August 2010) issued by Standards for England, was submitted for information.  

The Bulletin referred to the proposed abolition of the Standard Board Regime and the planned Decentralisation and Localism Bill which was due to be presented in late 2010;  in view of this development, it was agreed that the informal “Issues and Improvements” Working Group meeting scheduled to be held on 2 November 2010, be postponed until early 2011.

The report relating to the remaining item on the agenda has been withheld from public circulation and deposit pursuant to Section 100(B)(2) of the Local Government Act 1972 on the grounds that the matter may be determined with the press an public excluded.

The Committee may decide that the press and public be excluded from the meeting during consideration of the following items pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 7c of Part 1 of Schedule 12A (as amended) of the Local Government Act 1972 and the public interest would not be served in publishing the information.

RESOLVED:

That the press and public be excluded from the meeting during consideration of the following item, pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds that it involved the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 7C of Part 1 of Schedule 12A (as amended) of the Local Government Act 1972 and the public interest would not be served in publishing this information.

To consider a report on complaints received under the Code of Conduct.

The Committee received a report about complaints made against serving Cheshire East Councillors (Complaint Nos. CEC/10/05  and CEC/10/03 ).

Complaint No. CEC/10/03  had been considered by a Review Sub-Committee on 26 August 2010, at which time the Sub-Committee had resolved that the decision of the Assessment Sub-committee be upheld and no action be taken in respect of the allegation.

Complaint No. CEC/10/05 had been considered by an Assessment Sub-Committee on 26 August 2010, at which time the Sub-Committee had resolved to refer the complaint to the Monitoring Officer for action other than an investigation.

RESOLVED:

That the report be received and noted.