The Committee gave further consideration to its draft Annual Report to the Council.  The Committee agreed the Report for submission to the Council subject to amendments to paragraphs 3, 6, 7, 8 and 11.

A copy of the amended version of the Annual Report is attached as an Appendix to these Minutes.

The Committee thanked Mr Powis (the former Chairman of the Committee) and the Head of Legal Services for their work in connection with the drafting of the Annual Report.

RECOMMENDED:  That the Standards Committee’s Annual Report to Council 2008/09, a copy of which is attached as an Appendix to these Minutes, be noted.

The Committee considered the joint report of the Head of Legal Services and the Assistant Director of Customer Services and Partnerships reviewing the Council’s performance in dealing with complaints during the period 1 April 2008 to 31 March 2009.  A copy of this report is attached to the Committee’s Annual Report to the Council (see Minute 1 above).

In response to questions, the Officers explained that:-

·  Failure to respond to complaints within ten working days could be due to the complexity of the subject matter and the need for detailed investigations.

·  Regular reports were submitted to the Council’s Management Team and response performance was monitored.  Instructions had been given to the Heads of those services where response times were slower to bring about improvements in performance.

The Committee asked that Management Team’s comments on the complaints reports be included in the quarterly reports to Committee together with a comparison of performance quarter on quarter.

RECOMMENDED:  That the issues outlined in the Annual Review of Complaints 2008/09 be noted and endorsed.

The Committee considered the joint report of the Head of Legal Services and the Chief Finance Officer setting out the range of powers available to the Authority to grant indemnities and/or to take out insurance to cover the potential liability of Members and Officers in a wide range of circumstances and recommending the terms of such indemnities and insurance. A copy of this report is attached as an Appendix to these Minutes.

It was noted that the decision to provide such indemnities and to take out such insurance had not been delegated to the Standards Committee, but rested with the Cabinet (in respect of the executive functions of the Authority) and with the Council (in respect of Officers and the non-executive functions of the Authority).  The Standards Committee was being asked to consider the report and to recommend it to the Cabinet and to the Council for approval.

In response to questions, the Head of Legal Services explained that when Members were asked to serve on outside bodies, they were advised to ascertain from the body if they were covered by insurance.  He would ask the Democratic Services Manager to ensure that Members were advised of this before taking up appointments.

The Committee welcomed the report and considered that it would help to clarify the position for Members, including Co-opted Independent Members and Parish representatives of the Standards Committee, and Officers.  However, it was suggested that the recommendation should be amended to make it absolutely clear that the indemnities would be given to Co-opted Independent Members and Parish representatives of the Standards Committee.

RECOMMENDED:  That the Authority grant an indemnity to Members, including Co-opted Independent Members and Parish representatives of the Standards Committee, and to Officers of the Authority in the terms set out in the Appendix to the joint report of the Head of Legal Services and the Chief Finance Officer and instruct the Chief Finance Officer to secure insurance to cover the Authority’s liability under this indemnity in so far as he/she is of the opinion that such insurance would be financially prudent. 

See Minute 16 below

The Committee was asked to evaluate a proposal by the Planning Committee that the Constitution be amended to give Parish Councils the option of having a differing view from the Case Officer on a planning application without necessitating the referral of the application to the Planning Committee for determination.  It was noted that:-

·  At present, the Director of Prosperity and Regeneration/Development Control Manager had delegated powers to undertake all the functions relating to planning and conservation, except where the intended delegated decision on a planning or related application would be contrary, inter alia, to the written view of any Parish Council.

·  Parish Councils had expressed an interest in the option of being able to have a different view from the Case Officer on an application without it having to be reported to the Planning Committee for determination as a result. 

·  The Planning Committee considered that, in addition to giving greater flexibility to Parish Councils, this option was likely to lead to a reduction in the number of applications having to be reported to Committee and a reduction in costs. 

·  To enable the new option to be implemented, the Planning Committee had agreed to recommend to the Council that Section 2 headed “Responsibility for Council Functions” of Part 3 of the Constitution be amended by the addition of the words “and the Parish Council has requested that the application is determined by the Planning Committee” to paragraph (b) of the delegation to the Director of Prosperity and Regeneration/Development Control Manager to undertake all the functions relating to planning and conservation, except in certain circumstances, as follows:-

The Director of Prosperity and Regeneration/Development Control Manager have delegated power to undertake all the functions relating to planning and conservation, except where the intended delegated decision on a planning or related application:

(b) would be contrary to the written view of any Parish Council and the Parish Council has requested that the application is determined by the Planning Committee.

The Standards Committee supported the proposed amendment of the Constitution believing that it would give greater flexibility to Parish Councils and help streamline the consultation and decision making processes in respect of planning applications.

RECOMMENDED:  That it be noted that, in accordance with Article 15.02 (a) of the Constitution, the Standards Committee has evaluated the proposed amendment of the Constitution to give Parish Councils the option of having a differing view from the Case Officer on a planning application without necessitating the referral of the application to the Planning Committee for determination and believes that its implementation will help to ensure that the aims and principles of the Constitution are given full effect by helping to streamline the consultation and decision making processes in respect of planning applications.

It was noted that apologies for absence had been received from Councillor Stead (Parish Representative) and Councillor Vizzard.

It was noted that Councillor Mrs Joy was substituting for Councillor Vizzard.

There were no Visiting Members.

RESOLVED:  That Mr Wright be elected as Chairman of the Committee for the Municipal Year 2009/10.

RESOLVED:  That Councillor Mrs Hinder be elected as Vice-Chairman of the Committee for the Municipal Year 2009/10.

Oral Reference from the Planning Committee – Amendment to Planning Scheme of Delegation

The Chairman stated that, in his opinion, the oral reference from the Planning Committee asking that the Standards Committee evaluate the proposed amendment of the Constitution to give Parish Councils the option of having a different view from the Case Officer on a planning application without necessitating the referral of the application to Committee for determination should be dealt with as an urgent item to enable the Committee’s views to be reported to the Council at its meeting on 24 June 2009.

Councillors Mrs Hinder, Marchant, Mrs Rollinson and Younger disclosed personal interests in the urgent reference from the Planning Committee relating to the proposed amendment to the Planning Scheme of Delegation.  They stated that they were Parish Councillors.

The Independent Members (Mrs Phillips, Mr Powis and Mr Wright) disclosed personal interests in the report of the Monitoring Officer suggesting selection criteria against which applicants to be Independent Members would be assessed.

RESOLVED:  That the items on the Agenda be taken in public as proposed.

RESOLVED:  That the Minutes of the meeting held on 14 April 2009 be approved as a correct record and signed.

The Head of Legal Services advised the Committee that all of its recommendations to the Council had been adopted.  With regard to Minute 70 relating to the new framework for Contract Standing Orders/Purchasing Rules and the ancillary Purchasing Guide, the Head of Legal Services confirmed that training sessions were being arranged for all Officers involved in the procurement process.  A report would be submitted to a future meeting on the outcome of the further consideration being given to amending the guidance to strengthen the advice on the financial health vetting of prospective contractors and to tightening the rules relating to inducements and rewards to cover the period before the award of contract as well as after.

RESOLVED:  That the following Members be appointed as the Political Group Spokespersons for the Municipal Year 2009/10.

Councillor Mrs Hinder – Conservative Group

Councillor Batt – Liberal Democrat Group

Councillor Marchant – Independent Group

The Committee considered the joint report of the Head of Legal Services and the Assistant Director of Customer Services and Partnerships reviewing the Council’s performance in dealing with complaints during the period January – March 2009. 

Arising from its consideration of the report, the Committee requested that:-

1.  Consideration be given to quantifying the cost of dealing with

complaints;

2.  In future, the quarterly reports should include statistics comparing the Council’s performance in dealing with complaints with that of other Kent Districts, if this information was available, and also a comparison of performance quarter on quarter; and

3.   The switchboard staff be complimented on the way they dealt  with callers.

The Head of Legal Services also undertook to discuss with the Development Control Manager, the concerns expressed by a Member that his Parish Council had not received an enforcement update recently although another Parish Council had received one.

RESOLVED:  That the Council’s performance in responding to complaints during the period January to March 2009 be noted and that the recommended actions to improve complaints handling be implemented by Heads of Service.

See Minute 3 above.

FURTHER RESOLVED to RECOMMEND to the CABINET: That the Authority grant an indemnity to Members, including Co-opted Independent Members and Parish representatives of the Standards Committee, and to Officers of the Authority in the terms set out in the Appendix to the joint report of the Head of Legal Services and the Chief Finance Officer and instruct the Chief Finance Officer to secure insurance to cover the Authority’s liability under this indemnity in so far as he/she is of the opinion that such insurance would be financially prudent.

The Monitoring Officer submitted a report setting out suggested criteria against which applicants to be Independent Members of the Standards Committee would be assessed.  It was noted that by law, applicants would not be eligible for appointment if:-

·  They had been a Member or Officer of the Council within a period of five years immediately preceding the date of the appointment; or

·  They were a relative or close friend of a Member or Officer of the Council; or

·  They were a Member or Officer of another Authority which had a Standards Committee.

A Selection Panel (being a Sub-Group of the General Purposes Group) consisting of three Borough Councillors and an Independent Member of the Standards Committee was responsible for making recommendations to the Council regarding the appointment of Independent Members to serve on the Standards Committee having short listed, if appropriate, and interviewed the applicants.

RESOLVED:

(i) To RECOMMEND to the GENERAL PURPOSES GROUP: That the following criteria be adopted as selection criteria against which applicants to be Independent Members of the Standards Committee will be assessed:-

Applicants must:-

·  Be prepared to give up time for training and meetings

·  Have local connections and either reside in the Borough or carry out the main part of their work in the Borough

·  Agree to abide by the provisions of the Code of Conduct

·  Not hold significant office in a political party

·  Not have given financial support, other than membership fees, to a political party within five years of the date of appointment

·  Not have been convicted of an imprisonable offence

·  Not have been adjudged bankrupt

·  Not have a history of vexatious and/or frivolous complaints against Maidstone Borough Council or Members of the Borough or Parish Councils

Applicants should be able to demonstrate from their life experience and interview:-

·  Mature judgement: the ability to withhold forming a final view until all available evidence has been obtained and considered

·  Common sense: the ability to distinguish what matters from what does not

·  Strong ethical standards: both an appreciation and demonstration of the importance of high ethical standards in corporate or public life

·  Communication skills: the ability to listen and understand what is being said to them and to respond thoughtfully and articulately

·  An ability to chair meetings as this would be an advantage

(ii) That consideration be given to the production of a job description for the position of Independent Member of the Standards Committee.

The Committee considered Standards Board for England Bulletin 43 which covered issues such as the application of the Code of Conduct to private capacity; the review of the online monitoring system; and the launch of the online annual return questionnaire.

RESOLVED:  That the Bulletin be noted.

The Head of Legal Services reported that a meeting had taken place the previous week to discuss ways to promote high ethical standards and to raise the profile of the Standards Committee.  Ideas included updating and improving the Council’s website; scheduling training sessions for Borough and Parish Members in advance of the publication of the revised Code of Conduct; adapting the Annual Report as a newsletter; and issuing press releases.  A further meeting would take place next month to discuss how to take these ideas forward. 

RESOLVED:  That the report be noted.

The Head of Legal Services reminded the Committee that the Annual Assembly of Standards Committees would be held in Birmingham on 12-13 October 2009.  He explained that it was the usual practice for him to attend with two other Members/Co-opted Members.

RESOLVED:  That Mr Wright and the Leader of the Council be appointed to attend the Annual Assembly of Standards Committees together with the Head of Legal Services and that any other Members/Co-opted Members who might be interested in attending should notify the Head of Legal Services who will draw up a list of substitutes to be called upon if necessary.

There were no applications for dispensations.

2.00 p.m. to 4.15 p.m.