Agenda and minutes

The Committee stood in silence for one minute in memory of Councillor Ann Rollinson, the Chairman of Chart Sutton Parish Council and a Parish representative, who had died in February.

The Chairman introduced Hilary Hunt who had been appointed as an Independent Member of the Standards Committee with effect from 19 May 2010.  He explained that Ms Hunt was attending the meeting as an observer.

It was noted that apologies for absence had been received from Mr Powis (Independent Member).

There were no Substitute Members.

There were no Visiting Members.

The Chairman stated that, in his opinion, the references from the Audit Committee and the General Purposes Group requesting that the Standards Committee evaluate proposed changes to the Constitution should be dealt with as urgent items to enable the Committee’s views to be reported to the Council at its meeting on 21 April 2010.

There were no disclosures by Members or Officers.

Councillor Marchant stated that he had been lobbied by Chart Sutton Parish Council regarding the Committee’s draft Annual Report to Council 2009/10.  He explained that the Parish Council was appreciative of the Chairman’s sensitive comments regarding Councillor Ann Rollinson.

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

RESOLVED  That the Minutes of the meeting held on 3 February 2010 be approved as a correct record and signed.

Minute 74 – Review of Complaints – January – March 2009

The Development Control Manager attended the meeting to explain the arrangements now in place for updating Parish Councils on the position with regard to enforcement cases.

In response to questions, the Officers confirmed that training was provided for Members and Substitute Members of the Planning Committee and details of the training programme could be circulated.  The training was open to all Members; indeed, it was specified in the Constitution that all Members of the Council should receive basic training on planning issues.  Co-opted Members of the Standards Committee might also find the training useful, particularly that relating to probity in planning.  It was pointed out that there seemed to be a reluctance on the part of Parish Councillors to undertake training on planning matters and this was reflected in the number of applications reported to the Planning Committee because the intended delegated decision would be contrary to the written view of the Parish Council and the Parish Council had requested that the application be determined by the Committee.

Minute 74 – Pro Forma Document for Dispensations

In response to a request for feedback on the pro forma document for dispensations, the Head of Legal Services advised the Committee that one application had been received since the pro forma was circulated to Parish Councils.  The applicant had not used the form.

Minute 75 – Crime and Disorder Reduction Partnership Scrutiny Protocols

In response to comments by a Member, the Head of Legal Services advised the Committee that, with a slight amendment, the Council had adopted the protocols for scrutiny of the Safer Maidstone Partnership.

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 October to December 2009.  The Officers undertook to investigate and correct a number of numerical discrepancies in the Appendix to the report.

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

The Committee considered the report of the Corporate Services Overview and Scrutiny Committee asking that it evaluate proposed changes to the Constitution arising from the major review which had been undertaken of the Council’s Overview and Scrutiny function.  It was noted that:-

• The Corporate Services Overview and Scrutiny Committee had carried out interviews with Councillors, sent a questionnaire to Officers, held a workshop and considered desktop research to identify alternative ways of carrying out the Overview and Scrutiny process.

• Having considered the evidence, the Committee had made a number of recommendations, including proposed amendments to the Overview and Scrutiny and Council Procedure Rules as follows:-

  Amendments to the Overview and Scrutiny Procedure Rules

  A key issue arising from interviews with Councillors throughout the review was the perceived influence of party politics on the Overview and Scrutiny process.  The Corporate Services Overview and Scrutiny Committee considered that ensuring that the Chairman and Vice-Chairman of each Overview and Scrutiny Committee came from a different political group would help to address this.

  The use of call in was another area of some concern for Councillors of all parties.  The Corporate Services Overview and Scrutiny Committee felt that those calling in a decision should also be subject to scrutiny to ensure that there was a strong case for call in; background information should be circulated to Committee Members prior to the call in meeting to ensure a well-informed debate; and those calling in the decision should be able to participate in the meeting as non-voting Committee Members to enable them to adequately argue their case.

  In order to address concerns about some Overview and Scrutiny Committees having heavier workloads than others, the Corporate Services Overview and Scrutiny Committee was proposing changes to the terms of reference of the Overview and Scrutiny Committees.

  Amendment to the Council Procedure Rules

  One group at the workshop had suggested that, rather than having nominated Substitutes, any non-Executive Member should be allowed to substitute on any Overview and Scrutiny Committee in order to ensure full attendance at Committee meetings.  The Corporate Services Overview and Scrutiny Committee considered that this arrangement should be extended to all Council Committees that did not have training as a pre-requisite for membership.

The Committee supported the proposed amendments to the Overview and Scrutiny Procedure Rules as set out in Appendix A to the report of the Corporate Services Overview and Scrutiny Committee.  However, the Committee felt that the proposed change to the Council Procedure Rules in relation to Substitute Members should be restricted to the Overview and Scrutiny Committees given that Executive Members may be appointed as Members/Substitute Members of other Committees and membership of very few other Committees did not require some form of training.  It was pointed out that the Standards Committee itself had a pool of just three Substitute Members who were trained and who could be called upon to substitute when required for any Member who could not attend a meeting of the Committee.  Nevertheless, the Committee recognised that being  ...  view the full minutes text for item 92.

The Committee considered a reference from the Audit Committee asking that it evaluate a proposal to amend the composition and terms of reference of that Committee.  It was noted that:-

• Currently, the Audit Committee was responsible for reviewing the Statement of Internal Control and the Annual Statement of Accounts and making a recommendation to the Council regarding their approval.

• The Audit Committee was proposing that it should consider and approve these documents.  This was in line with Audit Commission guidance and best practice nationally.

• It was also proposed that the membership of the Audit Committee be increased to include a non-voting Independent Member with a relevant financial background to support the Committee in discharging its duties in relation to overseeing the financial reporting process and, in particular, in approving the Annual Statement of Accounts.  A further report on the appointment would be submitted to a future meeting of the Audit Committee.

• The Audit Committee had also endorsed the commissioning of a peer review by the IDeA, the outcome of which would be a better understanding by the Council of the options for further development of the Committee.

The Committee supported the proposed amendments to the composition and terms of reference of the Audit Committee believing that their implementation would fulfil the obligation to facilitate efficient and effective decision making.  It was suggested that it would be good practice for there to be at least one Member common to both the Audit and Standards Committees and that it would be useful to see the results of the external review of the Audit Committee.  The Committee also felt that the process for appointing an Independent Member to serve on the Audit Committee should replicate that used for appointing Independent Members to serve on the Standards Committee.

RESOLVED to RECOMMEND to the COUNCIL:

1.  That the proposed changes to the composition and terms of reference of the Audit Committee be approved and that Article 6A and Part 3 of the Constitution be amended accordingly.

2.  That it be noted that, with regard to the appointment of an Independent Member to serve on the Audit Committee, the Standards Committee endorses an appointment process that replicates that used to appoint its Independent Members.

The Standards Committee has, in accordance with Article 15.02 (a) of the Constitution, evaluated the changes to the Constitution proposed by the Audit Committee and believes that their implementation will help to ensure that the aims and principles of the Constitution are given full effect by fulfilling the obligation to facilitate efficient and effective decision making.

The Committee considered a reference from the General Purposes Group asking that it evaluate a proposal to disband the Appeals Committee.  It was noted that now that disciplinary and grievance appeals were heard by the Chief Executive in consultation with the Leader of the Council and the Leader of the Opposition, the Appeals Committee had only one remaining function as follows:-

To be the final level of appeal relating to any statutory appeal decisions taken by Members of the executive and non-executive arms of the Council.

Since this function had never been exercised, the General Purposes Group was proposing that the Committee be disbanded and that reference to it be deleted from the Constitution.

The Standards Committee raised no objection to the proposed disbanding of the Appeals Committee having been assured that arrangements could be put in place to deal with any such appeals if they occurred.

RESOLVED to RECOMMEND to the COUNCIL:  That the Appeals Committee be disbanded and that reference to it be deleted from the Constitution.

The Standards Committee has, in accordance with Article 15.02 (a) of the Constitution, evaluated the change to the Constitution proposed by the General Purposes Group and believes that its implementation will help to ensure that the aims and principles of the Constitution are given full effect by deleting from the establishment a Committee which is unlikely ever to be asked to meet.

The Committee considered its draft Annual Report to the Council.  The Committee agreed the Report for submission to the Council subject to a number of amendments.

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

RESOLVED to RECOMMEND to the COUNCIL:  That the Standards Committee’s Annual Report to Council 2009/10, a copy of which is attached as an Appendix to these Minutes, be noted.

The Head of Legal Services reported that an application had been received from Councillor Colin Bracking, a new Member of Boughton Monchelsea Parish Council, for a dispensation to enable him to speak and vote at meetings of the Parish Council when matters relating to the Boughton Monchelsea Amenity Trust were being considered notwithstanding the fact that he had a prejudicial interest in the matter by virtue of being a member of the Trust.

RESOLVED:  That a dispensation be granted to Councillor Colin Bracking to enable him to speak and vote at meetings of the Boughton Monchelsea Parish Council when matters relating to the Boughton Monchelsea Amenity Trust are being discussed notwithstanding the fact that he has a prejudicial interest by virtue of being a member of the Trust; such dispensation to expire on 30 June 2012.

There were no other applications for dispensations.

The Chairman announced that:-

·  Councillor Julia Batt would not be standing for re-election on 6 May 2010.  He would like to thank her for her contribution to the work of the Committee over the last few years.

·  The National Association of Local Councils had published model Standing Orders for Local Councils which included arrangements for dealing with complaints of Member misconduct.  The Clerk to Boxley Parish Council had expressed concern that, if adopted, the model Standing Orders would bring Parish Councils into possible conflict with the Borough Council’s Standards Committee.  The Clerk had notified other Parish Clerks of these concerns and produced a protocol for responding to Code of Conduct complaints which would not interfere with the Borough Council’s procedures.

·  Improvements continued to be made to the Standards Committee pages on the Council’s website.

·  He would like to welcome the Head of Legal Services back to work following his accident and to thank Mr Paul Cummins, the Monitoring Officer at Tunbridge Wells Borough Council, for standing in when required.

10.30 a.m. to 12.05 p.m.