Agenda and minutes

To consider and approve the minutes of the previous meeting held on 12 March 2020, as a true and correct record of the proceedings.

Resolved:-

That the minutes of the previous meeting held on 12 March 2020 be approved as a true and correct record of the proceedings.

To receive declarations of interest from Members in respect of items listed on the agenda.

Councillor Ireland declared a personal interest  in respect of agenda item ‘Review of Complaints’, on the basis that his involvement in one of the items listed.

To consider whether the press and public should be excluded from the meeting during consideration of any part of the agenda.

Resolved:- 

That, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for agenda items 7 (Review of Concerns Raised Pursuant to the Whistle-blowing Policy) and 8 (Review of Complaints) on the grounds that these agenda items involve the likely disclosure of exempt information as defined in Paragraph 1 and 2 of Part 1 of Schedule 12A to the Local Government Act 1972.

To note that the membership of the Standards and Ethics Committee in the 2019-20 municipal year, including Independent Members and Parish and Town Council Members, has been continued for the 2020-21 municipal year, in accordance with the decision of the Council on 3 June 2020 and the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020.

It was noted that the membership of the Standards and Ethics Committee in the 2019-20 municipal year, including Independent Members and Parish and Town Council Members, has been continued for the 2020-21 municipal year, in accordance with the decision of the Council on 3 June 2020 and the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020.

To consider a report requesting the Standards and Ethics Committee’s views and comments as part of the LGA consultation on their draft model Code of Conduct.

Consideration was given to a report presenting a consultation by the Local Government Association (LGA) as to good practice around Model Member Codes of Conduct.

The consultation had begun 8 June and would run until 17 August. As set out in the report, the Council was a vital element of national democracy, and as the public placed their trust in a Councillor upon electing them to serve on the Council, the conduct of an individual councillor could affect the reputation of all councillors. Therefore, the consultation had been undertaken, and the resulting Model Code of Conduct that would be developed was to be reviewed annually by the LGA so that it reflects the evolving needs and expectations of councillors.

The questions that were part of the consultation were located at Appendix 3 of the report, and it was noted that a narrative response is also welcomed. It was suggested that a general conversation about the Model Code of Conduct could be held, and that the Monitoring Officer and Deputy Monitoring Officer might then undertake to develop a draft. If desired, this draft could then be brought to a working group in the event that more work was needed.

In discussion, it was noted that the proposed Model Code of Conduct did not seem to be altogether different from what had previously been in place. The response identified differences around assumptions of acting in a capacity of councillor versus that of a private person, especially as regards use of social media. The current Principles were included in an appendix to the draft Model Code of Conduct, therefore, it was not a great deviation from what Members have been accustomed to.

The emphasis on civility as opposed to bullying and harassing on social media was noted. It was observed that it seemed that respect has always been the practice. It was further noted that the report indicates councillors’ statements on social media that were made in a private capacity may be taken as having been made in the capacity of a councillor. The response noted the presumption that a councillor on social media is expected to be acting in a public capacity automatically. While this may not apply at all times, certainly, the capacity of councillor is much wider than it was usually assumed.

Clarification was sought as to whether the Committee might discuss the report only, or if comments on the consultation questions themselves were also welcomed in this discussion. The response noted that time limitations did not allow the discussion to go through each of the questions in this meeting, but assurance was provided that Officers would take away all expressed views of Committee Members and produce a draft that reflects those views. If Members wished to submit any thoughts separately, that would be just fine. If needed, a small sub-meeting could be arranged to discuss the matter further.

It was queried whether the objective of the consultation was to reduce the number of complaints, or to inform legislation  ...  view the full minutes text for item 79.

To give consideration to a report regarding concerns raised pursuant to the Whistleblowing Policy and the actions taken to address these matters.

Consideration was given to the report and appendix presented by the Deputy Monitoring Officer, which provided an overview of the Whistleblowing cases which have been received over the past year.

Particular reference was made to the appendix to the report which set out clearly the description of the concerns received and action taken.

Resolved:- 

1.    That the Whistleblowing concerns raised over the previous year and the actions taken to address these matters be noted.

To give consideration to a report updating the Committee on the Complaints received against Members of the Council, and Town and Parish Councillors alleging a breach of the Code of Conduct.

Consideration was given to the report presented by the Deputy Monitoring Officer, detailing the progress with the handling of complaints relating to breaches of the Council’s Code of Conduct for Members and Town and Parish Councillors.  The report listed the current cases of complaint and the action being taken in respect of each one.

Reference was made to each related case and recommended outcomes/actions identified were highlighted.

Resolved:-

1.    That the report be received and the contents noted.

To determine any item which the Chair is of the opinion should be considered as a matter of urgency.

There were no items of urgent business.

The next meeting of the Standards and Ethics Committee will take place on 17 September 2020, commencing at 2.00 p.m.

Resolved:-

That the next meeting of the Standards and Ethics Committee take place on 17 September 2020, commencing at 2.00 pm.