Present at the meeting
Elected Members
- Councillor J Ellis
- Councillor Mrs J Prescott
- Councillor C Ready
- Councillor F B Walker
Independent Members
- Mr G Wood (Chairman)
- Mr R Kidd
- Mr D A Lea
- Mrs P A Wheal
- Mr P G Pennington
Parish Council Members
- Councillor Mrs M A Thomson (Haigh)
- Councillor M Crosby (Shevington)
27 Apologies for absence: Councillors Mrs S Dewhurst, B J Fagan, P Thompson and R Winkworth.
28 Minutes: The minutes of the meeting of this Committee held on 23 September 2008 were approved as a correct record, subject to the inclusion of the recording of Mr P G Pennington’s declaration of interest in minute 24.
29 Urgent Business: The Committee was advised that following a recent Audit Commission inspection of the Authority, the Standards Committee had remained at a three star rating; overall, the Council had a rating of four stars. The Auditors had stated that before they would consider increasing the Standards Committee’s rating, evidence would be required to prove that improvement was being sustained.
30 Findings of the Ethical Standards Officer case SBE21422.08: The Committee considered the findings of the Ethical Standards Officer in the above mentioned case following an investigation of a complaint. This related to an allegation that a Member had behaved disrespectful to an owner of a local business and had disclosed confidential information about police issues.
The Ethical Standards Officer noted that the complainant had made the allegation in an undated letter and would not provide any further evidence in an interview. Furthermore the owner of the local business the allegation referred to confirmed he had had a discussion with the Member but did not wish to be involved in the investigation.
The Ethical Standards Officer considered that it was possible the Member was acting in his official capacity, however, due to the lack of any supporting evidence could not conclude that the alleged actions of the Member resulted in a breach the code.
Resolved: The Committee notes the report.
31 Findings of the Ethical Standards Officer case SBE21917.08: The Committee considered the findings of the Ethical Standards Officer in the above mentioned case following an investigation of a complaint. This related to an allegation that a Member had behaved unethically by making knowingly unfounded attacks on the complainant’s character and conduct both in conversation with a local resident and again at a council meeting.
The Ethical Standards officer noted that the local resident had not given any direct evidence in the investigation and nobody had apparently witnessed the alleged conversation. The alleged incident had taken place ten months before the complainant had made the written statement. The Ethical Standard Officer concluded that there was no reliable evidence to suggest that the Member had acted in his official capacity and therefore concluded that there was no evidence that the Member had failed to treat the complainant with respect or brought his office into disrepute.
Resolved: The Committee note the report
32 Minutes of the Standards Review Sub Committee: The Committee considered the minutes of the meeting of the Review Sub Committee on 23 October 2008.
The Committee noted the decision of the Review Sub Committee and considered that clarification as to the role and powers of the Chairman of the Standards Committee would be helpful
Resolved: The Committee:-
- notes the report; and
- requests the Monitoring Officer to produce guidelines as to the role and powers of the Chairman of the Standards Committee.
(Mr G Wood (the Chairman) declared a prejudicial interest in this item because of his connection with the issue and left the meeting prior to consideration of this item. Mr P G Pennington occupied the chair during consideration of this report).
33 Minutes of the Standards Assessment Sub Committee: The Committee considered the minutes of the meeting of the Assessment Sub Committee on 28 October 2008.
The committee was advised that Assessment Sub Committee had considered three cases, two of the cases considered were still subject to the review period, therefore Members were recommended to reserve comment should they be required to consider the cases as part of a Review Sub Committee. The third case that had been considered by the Sub Committee was now subject to an internal investigation. Members were advised that further reports on all three cases would be brought back to a future meeting of the Standards Committee.
Resolved: The Committee notes the report.
34 Parish issues: There were none.
35 Consultation paper – Codes of Conduct for Local Authority Members and employees: The Committee considered a report, that informed Members of consultation paper issued by the Department for Communities and Local Government proposing which contained proposed amendments to the Members Code of Conduct and the introduction of a possible model Code of Conduct for local government employees. While the details of any officer code would be outside the terms of reference of the Committee comments on the principle of such a code would be appropriate.
The Committee was advised that a response to the consultation had to be submitted by 24 December 2008. Members were requested to submit any comments on the proposed amendments and possible model Code of Conduct for local government employees to the Monitoring Officer by Friday 19 December 2008
Resolved: Members should submit any comments additional to those made at the meeting to the Monitoring Officer by the specified deadline.
36 Standards Board Conference 2008: the Committee considered a report, that informed members of the key issues that had been identified following the Standards Board conference on 13 and 14 October 2008.
Resolved: The Committee notes the report.
37 Discussion period for Members to raise issues: Resolved: (1) The Committee notes that the Monitoring Officer is continuing to pursue a replacement Independent Member on the Standards Committee. Following completion of this process, appropriate steps would be pursued to facilitate the appointment of a new Chairman of the Standards Committee.