Agenda and draft minutes

In the absence of the Chairman of the Committee (Councillor Michael Talbot), the Chair was occupied by the Vice-Chairman (Councillor Ann Wiggins).

The Committee is asked to note any apologies for absence and substitutions received from Members.

Apologies for absence were submitted on behalf of Councillor Michael Talbot (with no substitute), Councillor Tanya Ferguson (with Councillor Maurice Alexander substituting), Sue Gallone (one of the Council’s Independent Persons) and Jane Watts (one of the Council’s Independent Persons).

To confirm and sign as a correct record, the minutes of the meeting of the Standards Committee, held on Wednesday 20 March 2024.

It was moved by Councillor J Henderson, seconded by Councillor Newton and:-

RESOLVED that the Minutes of the meeting of the Committee held on Wednesday 20 March 2024 be approved as a correct record and be signed by the Chairman.

Councillors are invited to declare any Disclosable Pecuniary Interests, Other Registerable Interests of Non-Registerable Interests, and the nature of it, in relation to any item on the agenda.

There were no Declarations of Interest made by Members at this time.

Subject to providing two working days’ notice, a Member of the Committee may ask the Chairman of the Committee a question on any matter in relation to which the Council has powers or duties which affect the Tendring District and which falls within the terms of reference of the Committee.

No Questions on Notice had been submitted by Members pursuant to Council Procedure Rule 38 on this occasion.

To present the Committee with an overview on the register of, and declarations of, interests made by Members from 1 January 2023 until 31 March 2024.

Members recalled that it had been agreed at the meeting of the Standards Committee held on 29 June 2016 that, as part of its annual work programme, the Committee would receive an annual report on declarations of interest and associated matters.  The report now before the Committee covered the period from 1 January 2023 to 31 March 2024 and provided statistics on:-

·      the number of declarations of interest made at meetings;

·      the number of offers of gifts and hospitality that had been registered by Members during this period; and

·      updates to the Members’ Register of Interests.

The data had been collated from the Committee IT system Modern.gov which the Council had started using as of August 2016 and from Members’ submissions.

Register of Members’ Disclosable Pecuniary Interests

The Committee was aware that the Council was required to publish the ‘Register of Disclosable Pecuniary Interests’ on its website in accordance with the Localism Act 2011 and The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012, which prescribed the categories of interests.

It was confirmed that the Council’s website included a Register of Disclosable Pecuniary Interests and Other Registrable Interests for all District Councillors and that this was updated, when an individual Member provided details of an amendment directly to the Monitoring Officer.  Any entry, which was relevant to a business item on an agenda, must be declared by the individual Member and they must subsequently remove themselves from the meeting, unless a prior dispensation had been granted by the Monitoring Officer.

The Committee was informed that there had been two requests for dispensation during this period.  Additionally, a dispensation for all District Members had been granted by the Monitoring Officer for the purpose of the report of the Assistant Director (Finance & IT) – Formal Confirmation of Council Tax Amounts for 2024/25 Following the Notification of the Precepts from the Major Precepting Authorities, which had been considered at the meeting of the Human Resources and Council Tax Committee on 26 February 2024.

Declarations of interest at meetings

Members were required to declare Personal and Disclosable Pecuniary Interests, Other Registerable Interests and Non-Registerable Interests at meetings and those recorded on the committee system, as declared by District Councillors for the period 1 January 2023 to 31 March 2024, were set out in the Appendix to the Monitoring Officer’s report.  Minutes of the meetings also recorded the declarations.

The Committee noted that the Appendix only referred to Personal Interests (which were in place prior to May 2023) and not ‘Other Registerable Interests’, which were set out in the current adopted Members’ Code of Conduct. This was because Members were still referring to Personal Interests when making such declarations at meetings.  That being so, the Monitoring Officer suggested that the Committee might wish to request that all Members be issued with a reminder.

The Monitoring Officer informed the meeting that, following questions as to interests that had been asked of her at the recent meeting of the Planning Policy & Local Plan Committee, she had agreed  ...  view the full minutes text for item 21.

To present the Standards Committee with a proposed updated Hearing Procedure, reflecting best practice and case law, for consideration for approval supplementing the Council’s Complaints Procedure dealing with allegations that a Member has breached the Code of Conduct.

The Committee considered a proposed updated Hearing Procedure that reflected best practice and case law, and which would supplement the Council’s Complaints Procedure for dealing with allegations that a Member had breached the Code of Conduct.

It was reported that the Council had approved the Standards Framework with effect from November 2013, which had included a Complaints Procedure.  The Complaints Procedure made reference to the hearing in paragraph 7.1.2 and that it would follow the relevant procedures setting out how the hearing would be conducted.  The purpose of the document was to ensure that all parties understood the process which would be followed at the hearing and to assist the Chairman to conduct a fair and proper hearing.  When a hearing was convened, a copy of the procedures would be set out with the Report.

The Committee was informed that the current Hearing Procedure had been approved by the Standards Committee in March 2014 and in consideration of the length of time since its adoption and with a Hearing pending, it was felt important by the Monitoring Officer to ensure that the Council’s procedures reflected best practice and were up to date.

Members were made aware that the proposed amendments covered the expectation that the purpose of the Hearing was to consider the Investigator’s Report, the evidence in support and representations from the Parties.  The process of the hearing was inquisitorial, and not adversarial.  The purpose of the hearing was to establish the facts.  Cross-examination of the Investigating Officer, the Councillor and witnesses was not permitted, and all questions should be made through the Chairman.

Members were advised that evidence before the Committee might be given orally or by written statement.  At any stage during the proceedings the Committee could request the attendance, in person or by joining remotely, of any person making a written statement or any other person they consider would be able to assist them, but the Committee had no power to require the attendance of any person.  Local Authorities’ committees were legally permitted to join third parties remotely so long as the decision makers were present in person.

The Committee was reminded that the Standards Committee would make its decision on the balance of probability, based on the evidence before it during the hearing.

Members were aware that all Hearings would be held in public unless the relevant paragraph of Schedule 12A of the Local Government Act 1972 applied, however the public interest test must be considered and therefore it would only be in exceptional circumstances that the hearing would be held in private.  The Council’s Monitoring Officer would provide the relevant advice.

Members noted that the Standards Committee was required to take into account the views of an Independent Person before it made its decision on an allegation, which had been investigated (Section 28(7) of the Localism Act 2011).  Those views should be given in the formal meeting, prior to the Committee retiring to deliberate, therefore small amendments were required to the Hearing Procedure to  ...  view the full minutes text for item 22.

The Committee is invited to give consideration to its draft Work Plan for the 2024/2025 Municipal Year.

The Committee considered the following draft Work Plan for 2024/2025:-

10^th July 2024

·      Review of the Planning Probity Protocol

·      Update on Mandatory Training for Members

·      Regular Complaints update by Monitoring Officer

9^th October 2024

·      Review of the Independent Person recruitment preparations for 2025

·      Licensing and Registration Committee and sub-committees Probity Protocol

·      Town and Parish Councils Code of Conduct and Interests review

·      Regular Complaints update by Monitoring Officer

5^th February 2025

·      Case review and guidance update for the Committee on decisions and actions taken nationally

·      Regular Complaints update by Monitoring Officer

9^th April 2025

·      Update on Mandatory Training for Members

·      Annual Report on declarations of interest (meetings, gifts and hospitality)

·      Regular Complaints update by Monitoring Officer

·      Annual Work Programme for 2025/26

Members were made aware that the above meeting dates were provisional pending ratification at the Annual Meeting of the Council on 30 April 2024 and that, in addition, individual matters might be referred to those meetings by the Monitoring Officer, in accordance with the Committee’s Terms of Reference as necessary, for example, an appeal against a dispensation decision or a Code of Conduct hearing.

Having duly considered and discussed the contents of the draft work plan:-

It was moved by Councillor Oxley, seconded by Councillor Newton and:-

RESOLVED that the Work Plan for the Standards Committee for 2024/2025 be approved and adopted.

The Committee will receive the Monitoring Officer’s update regarding standards complaints.

The Committee had before it the Monitoring Officer’s update on existing and new conduct complaint cases.

The Committee NOTED the foregoing.