Issue - meetings

Further to Minute No. 5 of the meeting of the Cabinet held on 23^rd May, 2012, consideration was given to the report presented by Richard Waller, Senior Manager, Legal and Democratic Services, which described and set out in detail the changes and recommended the actions required for the Council to implement the new regime.

An update on the Localism Act and Standards Regime was circulated at the meeting for information.

Discussion ensued on the establishment and maintenance of registers of interests and the importance of appropriate training for Parish Clerks was stressed to ensure that the regulations that came into force on the 1^st July, 2012 relating to disclosable pecuniary interests were clearly understood.

Further information was also provided on the provision for Independent Person(s) across South Yorkshire and the safeguards in place to prevent conflict and the recommendations for interview and appointment.

Resolved:-  That the information be noted.

-        Strategic Director of Resources to report.

Councillor Akhtar, Deputy Leader, introduced a report by the Strategic Director of Resources, which contained details of the changes to the standards regime in consequence of the enactment of Chapter 7 (Sections 26 – 37) of the Localism Act 2011 (“the Act”); and the options for consideration by the Cabinet with a view to making recommendations to the full Council. 

The report has been considered by the Standards Committee, the response of which formed part of the report.  The Committee’s views were also reproduced in the body of the report in bold italics with the Monitoring Officer’s comments immediately following. 

The Localism Act 2011 made fundamental changes to the system of regulation of standards of conduct for Elected and Co-opted Councillors and the date for implementation of these changes was proposed to be 1st April 2012, but is now expected to be 1st July, 2012. 

This report described and set out in detail the changes and recommended the actions required for the Council to implement the new regime.

There would be some costs associated with the transition from the current arrangement to the new arrangements including the costs of advertising and appointing Independent Persons.

Cabinet Members referred to the criteria for the role of an Independent Person and how their services may be utilised across South Yorkshire.

Recommended:-  (1)  That the Standards Committee be comprised of eight Elected Members of the Council and five Independent Members.

(2)  That the Leader of the Council be requested to consider whether to nominate to the Standards Committee one or more members who are members of the Cabinet.

(3)  That the Parish Councils be invited:-

·              to indicate whether they wish to delegate their functions in relation to the standards of conduct of their members to the Council and to adopt the Council’s code of conduct, and if so

·              to nominate a maximum of three Parish Councillors to be co-opted as voting members of the Committee.

(4)  That with regards to the “arrangements” for dealing with standards complaints the Monitoring Officer be appointed as the Proper Officer to receive complaints of failure to comply with the code of conduct.

(5)  That having regard to the current Standard Committee’s Local Assessment Criteria and in particular Paragraph 6 (seriousness of the complaint) the Monitoring Officer be delegated to determine whether the complaint should be referred for consideration by a sub-committee of the Standards Committee, comprising not less than three and no more than five co-opted independent members of the Standards Committee, or otherwise dealt with by her.

(6)  That the sub-committee’s terms of reference be to consider complaints of failure to comply with the code of conduct and to make recommendations to the Standards Committee for consideration by the Committee as to whether or not to direct the investigation of a complaint.

(7)  That the Monitoring Officer be instructed to seek resolution of complaints without formal investigation wherever practicable and to report quarterly to the Standards Committee on the discharge of this function.

(8)  ...  view the full minutes text for item 5