From: ChiefExecutive <ChiefExecutive@rotherham.gov.uk>
Date: 19 April 2012 10:43
Subject: Standards Regime
To: g.musson@sheffield.ac.uk
Cc: Leader <Leader@rotherham.gov.uk>
Dear Dr Musson & Mrs
Bingham
Thank you for meeting the Leader and me on
Wednesday. We found the discussion both helpful and informative and
it has given us both a better understanding of the issues the Council
must consider when designing its new
standards arrangements.
The discussion was wide ranging and
included the proposed enhanced role of the monitoring officer in the new
arrangements. I explained the independent nature of the role and the
lack of managerial control over the monitoring officer when
she is acting in that capacity. We also touched on the problem
of trivial complaints, mainly from parish council members, which had
blighted the current arrangements and was a catalyst for the government's
decision to revoke the requirement for councils to adopt a statutory code of
conduct and a statutory standards committee.
We all agreed that it was essential that the public
has confidence in the Council's standards arrangements and that the best way of
achieving this is by having an independent element comprised
of independent members with voting rights. The only
caveat to this was that the Council must act within the law.
I have since discussed this with the monitoring officer, Jacquie
Collins, and Mr Waller, who have advised me that the legislation is
drafted in such a way that whilst the Council could
co-opt independent members, they could not legally have a
vote. We have taken soundings from other Council's
regarding their interpretation of the legislation and they do not dissent from
the legal advice I have received. It is clear therefore that voting rights
for independent members cannot be delivered within the law. However, to
honour the spirit of our discussion I have
asked the monitoring officer and Mr Waller to
prepare a report on the new standards arrangements for consideration by the
Cabinet with the new committee having an independent component in. I
understand the report will be submitted to the Standards Committee for
information prior to it being considered by Cabinet.
Kind regards
Martin Kimber
Chief Executive
Chief Executive
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