Agenda item

The Committee considered a report addressing a number of issues arising from the new standards regime and Member Code of Conduct.

1.    Options for a proposed appeals process in relation to complaints under the Member Code of Conduct.

The Committee considered whether such appeals should take the form of a formal hearing or by could be dealt with by way of written representations.

There were three options for the appeals body:

§  three councillors from the pool of 15 and an independent person none of whom have previously been involved in a particular case;

§  a body comprising the remaining three independent persons; or

§  arrangements for the Fire Authority to hear any appeals.

The officers reported that the Fire Authority was agreeable in principle to act as an appeals body for Cheshire East although detailed arrangements had not been determined and Members were conscious that some form of reciprocal arrangement may be required.

It was noted that a second independent person could become involved in a case if the person under investigation sought their advice as was permitted. This would leave only two independent persons, making the second option untenable.

Members therefore favoured the first option.

2.    Proposed dispensations for all Members of the Council and co-opted members to speak and vote on a number of matters for a period of four years.

The dispensations proposed were as follows:

§  any allowance, payment or indemnity given to Members;

§  any Ceremonial Honours given to Members;

§  statutory sick pay under Part X1 of the Social Security Contributions and Benefits Act 1992 where they were in receipt of or entitled to receive such pay;

§  setting the Council Tax or a precept under the Local Government and Finance Act 1992 ( or any subsequent legislation);

§  setting a Local Council Tax Reduction Scheme or Local scheme for the payment of business rates ( Including eligibility for rebates and reductions) for the purposes of the Local Government Finance Act 2012 ( or any subsequent legislation); and

§  school meals or school transport or travelling expenses where the Member is a parent or guardian of a child in full time education or a parent governor (unless the matter relates specifically to the school the child attends).

3.    Proposed changes to the Planning Protocols of Conduct and Public Speaking to bring them into line with the new Code of Conduct.

Revised versions of the Planning Protocols, with the proposed amendments highlighted, were appended to the report, together with additional amendments which had been proposed by the Strategic Planning Board on 12^th September. The Constitution Committee on 20^th September had noted the proposed amendments without further comment and had recommended them to Council subject to the views of the Audit and Governance Committee.

RESOLVED

That

(1)  the appeals procedure in relation to complaints under the Member Code of Conduct take the form of an oral hearing, the appeals body to comprise three councillors from the pool of 15 and an independent person, none of whom have previously been involved in a particular case, and the arrangements to be reviewed after 12 months;

(2)  the general dispensations for all Members of Cheshire East Council and co-opted members as set out above be approved; and

(3)  the Committee, having noted the recommendations of the Strategic Planning Board and the Constitution Committee, recommends that Council approve the proposed amendments to the Planning Protocols as set out in the Appendix to the report and the minutes of the Strategic Planning Board subject to:

(a)        the speaking time for ward members remaining at 5 minutes; and

(b)        the addition of the following sentence at the end of paragraph 2.2 of the Protocol of Conduct: “However, paragraph 2.10 should be taken into account”.