Agenda item

Mrs Dorothy Phillips, the Chairman of the Standards Committee, presented the report of the Standards Committee relating to the future of the ethical standards regime.

It was moved by Councillor Parvin, seconded by Councillor FitzGerald, that the recommendations of the Standards Committee relating to the future of the ethical standards regime be approved.

RESOLVED:

1.  That agreement be given to the appointment of one Independent Person and that the Monitoring Officer be given delegated authority to agree the Job Description with the Chairman of the Standards Committee and the Political Group Spokesmen and to commence the recruitment process, culminating in a recommendation being made to Council as to who should be appointed (following consideration by a group of Members).

2.  That the possibility of recruiting an Independent Person from another authority or elsewhere to act as a reserve be investigated.

3.  That as from the commencement date of the new ethical standards regime, the non-statutory Standards Committee should comprise a maximum of 3 Members from each political group of the Council (i.e. it should not be politically balanced); that 2 Parish Councillor representatives be appointed as non-voting Members of the Committee on the nomination of the Kent Association of Local Councils; and that the existing arrangements be maintained until the commencement date.

4.  That Assessment Sub-Committees (not politically balanced) comprising 3 Councillors be appointed from the membership of the Standards Committee as and when the Monitoring Officer requires.

5.  That Hearing Sub-Committees of 3 Councillors (not politically balanced) be appointed to hear complaints where in the opinion of the Monitoring Officer there has been a breach of the Code of Conduct and that a Parish Councillor representative should be appointed to the Sub-Committee as a non-voting Member when Parish Councillors are the subject of the complaint.

6.  That the procedures for dealing with complaints of misconduct by Borough and Parish Councillors, as set out in Appendices A and B to the report of the Monitoring Officer and as amended to reflect the views of the Standards Committee, be adopted.

7.  That further reports be submitted as and when the LGA publishes its model Code of Conduct.

8.  That the Standards Committee be given delegated authority to deal with applications by Borough Councillors for dispensations and that the Monitoring Officer also be given authority to deal with these in consultation with the Independent Person.

9.  That the Standards Committee continue to be responsible for promoting and maintaining high standards of conduct by Members including making recommendations to Council as to the Code of Conduct and maintaining an oversight of the training process.

10.  That all changes to the Constitution continue to be approved by the full Council, and that any proposed changes be accompanied by an evaluation from the Monitoring Officer.

11.  That the Audit Committee become responsible for the oversight of the Whistle Blowing Policy.

12.  That the appropriate Overview and Scrutiny Committee become responsible for the overview of complaints handling and Local Government Ombudsman investigations.

13.  That the Chief Executive be given delegated authority to make payments in cases of maladministration up to £1,000 and that the appropriate Cabinet Member be responsible for authorising payments in excess of this figure.

14.  That it be noted that these proposed arrangements remain subject to review.

15.  That the consequential amendments to the Constitution arising from the implementation of the provisions of the Localism Act in so far as they relate to the ethical standards regime be approved.