Venue: The Pratchett Room - County Hall, Trowbridge BA14 8JN. View directions
Contact: Pam Denton Email: pam.denton@wiltshire.gov.uk
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Apologies for Absence Minutes: Apologies were received from Cllrs Brian Dalton, Jon Hubbard and Carole Soden. Cllr Trevor Carbin substituted for Cllr Dalton and Cllr Cochrane for Cllr Soden.
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Minutes To confirm the minutes of the meeting held on 30 July 2012 (copy attached). Supporting documents: Minutes: The minutes of the meeting held on 30 July 2012 were presented.
RESOLVED:
To sign the minutes as a correct record.
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Declarations of Interest To receive any declarations of pecuniary or non-pecuniary interests.
Minutes: There were no declarations of interest.
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Chairman's Announcements Minutes: The Chairman announced that Item 11 would be brought forward as some members were due to go on a planning site visit.
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Public Participation and Questions The Council welcomes contributions from members of the public.
Statements
If you would like to make a statement at this meeting on any item on this agenda, please register to do so at least 10 minutes prior to the meeting. Up to 3 speakers are permitted to speak for up to 3 minutes each on any agenda item. Please contact the officer named on the front of the agenda for any further clarification.
Questions
To receive any questions from members of the public or members of the Council received in accordance with the constitution. Those wishing to ask questions are required to give notice of any such questions in writing to the officer named on the front of the agenda no later than 5pm on Wednesday 17 October 2012. Please contact the officer named on the front of this agenda for further advice. Questions may be asked without notice if the Chairman decides that the matter is urgent.
Details of any questions received will be circulated to Committee members prior to the meeting and made available at the meeting and on the Council’s website.
Minutes: There were no members of the public present |
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Appointment of non-voting co-opted members. To appoint the following as non-voting co-opted members of the committee:
Mr Philip Gill MBE JP Mr Paul Neale Mr John Scragg Miss Pam Turner Minutes: The
Chairman introduced the persons selected for appointment as
non-voting voting co-opted members of the Standards Committee
RESOLVED
To confirm the appointment of the following as non-voting co-opted members:
Mr John Scragg Miss Pam Turner Mr Paul Neale Mr Philip Gill MBE, JP
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Implementation of New Standards Framework - Update Report by the Monitoring Officer
Supporting documents: Minutes: The Head of Governance introduced the report and outlined the progress that had been made in implementing the new requirements in Wiltshire, particularly in respect of the Code of Conduct and the Register of Interests.
The Monitoring Officer then referred to paragraphs 21-24 of the report, which asked members to consider whether it was appropriate to require any additional pecuniary and non-pecuniary interests to be declared and registered under the Council’s Code of Conduct in accordance with its discretion under section 28(3) Localism Act 2011, and whether councillors with disclosable pecuniary interests should be required by standing orders to withdraw from meetings. The Council had, at its meeting on 26 June 2012, asked the Standards Committee to look into this, in consultation with parish, town and city councils and to report back with proposals at the earliest opportunity.
The Monitoring Officer also referred to the notes of the meeting of the Member Support in the Locality Task Group where further clarification had been requested on the new rules, particularly in relation to ‘dual-hatted’ members and whether member allowances were a disclosable pecuniary interest. It was recommended that guidanceonthiswouldbeofparticular assistanceto parish, town and citycouncillorsandshouldreflect the environment in whichthey work.
Following discussion it was RESOLVED:
· any body of which the councillor is a member or in a position of general control or management and to which the councillor is appointed or nominated by the Council; · any body exercising functions of a public nature of which the councillor is a member or in a position of general control or management; · any body directed to charitable purposes of which the councillor is a member or in a position of general control or management; ·
any body one of whose principal purposes includes the
influence of public opinion or policy (including any political
party or trade union) of which the councillor is a member or in a
position of general control or management; b. declare
the existence and nature of any such interest at any meeting |
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Procedure for dealing with Code of Conduct Complaints - Assessment Criteria Report of the Monitoring Officer Supporting documents:
Minutes: The Head of Governance introduced the report and explained that 29 assessments had now been conducted and the criteria seemed to work very well. She recommended that the committee adopt the criteria and use them as a guideline for assessing and reviewing complaints.
The draft criteria set out at appendix 1 to the report reflected the comments of the Member Support in the Locality Task Group
Members requested some minor alterations to the assessment criteria:
Paragraph 1 last sentence to read: ‘The Monitoring Officer will advise the complainant in such matters that they cannot proceed under local codes of conduct, but that the complainant should contact the relevant council in order to bring a complaint under the appropriate complaints procedure’.
Paragraph 2 – delete the first sentence.
RESOLVED
To approve the assessment criteria as set out in appendix 1 of the report, subject to the amendments detailed above.
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Commission for Local Administration in England and Wales (Local Government Ombudsman) - Annual Report To consider the annual review letter of the Local Government Ombudsman (attached) Supporting documents:
Minutes: The Chairman presented the annual report of the Local Government Ombudsman
RESOLVED
To note the report
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Status report on complaints Report by the Monitoring Officer for information
Supporting documents: Minutes: The Head of Governance presented the report. It was noted that the majority of complaints were not going forward for investigation.
RESOLVED
To note the report
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Minutes of a Hearing sub-committee To receive and note the minutes of a Hearing Sub-committee held on 3 and 4 October 2012. Supporting documents: Minutes: The Chairman asked the
Monitoring Officer to introduce this item. The Monitoring Officer explained the process
that had been followed in hearing the complaint under the Code of
Conduct, as summarised in the minutes, and the concerns which had
been raised on behalf of Cllr Humphries about the fairness of the
procedure, which had led him, on advice from his solicitor, to
withdraw. The Monitoring Officer had since received detailed
submissions from Cllr Humphries’ Solicitor setting out
grounds for seeking a rehearing of the matter. These were being considered. The Monitoring Officer was, however, satisfied
that the Sub-Committee had dealt with the matter fairly and
lawfully in the circumstances.
RESOLVED
To receive and note the minutes.
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Forward Plan Supporting documents: Minutes: The forward plan was presented. The result of the consultations with the town and parish council’s (minute 19 refers) were added to the January meeting.
RESOLVED
To receive and note the forward plan
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Urgent Items Minutes: There were no urgent items.
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