Agenda and minutes

To note any changes to membership of the Committee

It was noted that following the Council meeting on 12 November 2013, Councillor Chris Williams had been removed as a member of the Standards Committee.

To receive any apologies or substitutions for the meeting.

Apologies for absence were received from Councillors Ian Tomes and Howard Marshall.

To confirm the minutes of the meeting held on 9 October 2013.

The minutes of the meeting held on 9 October 2013 were presented for consideration.

In relation to Minute 48 - Update on Dispensations for Voting on the Council Tax and Budget - the Monitoring Officer confirmed his view that it was reasonable for councillors to rely on the unequivocal advice from the Government that they are not required to obtain a dispensation to vote on budget and council tax setting. Whilst it is a matter for individual councillors It was difficult to see how a prosecution could be deemed to be in the public interest when councillors were acting on clear guidance from the Government on the issue.

The Committee also discussed the best way to disseminate the advice to Wiltshire Parish Councils.

It was,

Resolved:

That subject to the inclusion of Mr Paul Neale, Mr John Scragg and Mr Philip Gill MBE JP among the list of attendees, to APPROVE as a true and correct record and sign the minutes.

To receive any declarations of disclosable interests or dispensations granted by the Standards Committee.

There were no declarations.

To receive any announcements through the Chair.

There were no announcements.

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 Monday 13 January 2014. 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.

There were no questions or statements submitted.

The Monitoring Officer will report the current status of Complaints under the Code of Conduct at the meeting.

The Monitoring Officer presented an update to the Status Report on Complaints received under the Code of Conduct. It was noted that under the new Standards Regime no complaints had been referred for investigation and that to date no appeals against an initial assessment of ‘no further action’ had been upheld at the review stage out of a total of thirteen received.

The Committee discussed the report and the reasons for there being fewer complaints, no referrals for investigation and appeals not being upheld. Increased information from the subject member in response to complaints was noted as a factor, as under the old standards regime they had no right of reply at the early stages of a complaint. The beneficial input of the Independent members was also highlighted.

It was felt that further monitoring was required as more complaints were processed, along with information of how similar authorities were experiencing the new regime.

Following discussion, it was,

Resolved:

To note the report.

To consider the recommendations of the Constitution Focus Group regarding Part 5 of the Constitution - Access to Information Procedure Rules.

Attached are the Minutes from the Focus Group Meeting on 8 January 2014, the Report on the Changes to the Constitution and a Revised Part 5 with Tracked Changes.

The Monitoring Officer introduced proposed changes to Part 5 of the Constitution - Access to Information Procedure Rules - as recommended by the Constitution Focus Group at its meeting on 8 January 2014. The changes were to reflect the requirements of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012. Other changes included a definitions section, clarity over references to council offices and the proper officer for specific actions, notification of private meetings, and other changes to reflect the Council’s revised senior management structure

The Committee discussed the proposed changes as detailed in the agenda papers, and noted the Focus Group’s suggestion that further clarification regarding the rights of Group Leaders and councillors generally to confidential Part 2 papers should be drawn up by the Monitoring Officer in consultation with Group Leaders. This could be dealt with as an amendment to Protocol 2 of the Constitution on Councillor-Officer Relations, which already has a section on councillors’ access to information. It was suggested that it may be appropriate to change the title of the Protocol given the broad range of issues that it covers.

The requirements for giving notice of items that are proposed to be taken in Part 2 of the agenda as business which is confidential or within the categories of exempt information were noted.

The Committee also noted the ongoing discussions of the Constitution Focus Group on its review of the council’s Petition Scheme.  A report on the outcome of the Focus Group’s consideration will be submitted to the Committee in due course.

Resolved:

To recommend that Council approves the changes to part 5 of the Constitution as detailed in the report.

To make any additions or comment to the Forward Work Plan.

The Forward Work Programme was presented and noted.

The Chairman also requested that the process of assessing and implementing constitutional changes be looked at, to determine if a more efficient approach could be utilized.

Any other items of business which, in the opinion of the Chairman, should be taken as a matter of urgency 

With the approval of the Chairman, the Committee considered a Notice of Motion that had been received for the Council meeting on 4 February, which requested that Council immediately make a change to the Council’s Constitution, rather than through the process of assessment by the Constitution Focus Group, then the Standards Committee, before being approved by Full Council.

The Standards Committee agreed that the appropriate opportunity to debate the proposed change could be had at the upcoming Council meeting. Furthermore, it was content for the matter to be considered and determined by the upcoming Council meeting without referral back to the Standards Committee.