Agenda and minutes

Members: 9 Councillors (4:3:1 Ind Gp, 1 LD)  

3 Parish Council representatives (Only one member of the Committee can be a member of the Cabinet). 

Independent Person – Mrs K. Milner  

Quorum - 4 

Chair: Mr J. Jackson 

Vice Chair: B. Flux 

Terms of Reference 

(1)    Promoting and maintaining high standards of conduct by councillors, town and parish councillors, co-opted members and church and parent governor representatives. 

(2)    Assisting the councillors, town and parish councillors, co-opted members and church and parent governor representatives to observe the Members’ Code of Conduct. 

(3)    Advising the Council on the adoption or revision of the Members’ Code of Conduct. 

(4)    Monitoring the operation of the Members’ Code of Conduct. 

(5)    Advising, training or arranging to train councillors, town and parish councillors, co-opted members and church and parent governor representatives on matters relating to the Members’ Code of Conduct. 

(6)    Granting dispensations to councillors, co-opted members, church and parent governor representatives from requirements relating to Disclosable Pecuniary Interests set out in the Members’ Code of Conduct. 

(7)    Assessing and reviewing complaints about councillors and conducting determinations’ hearings. 

(8)    Granting exemptions for politically restricted posts.  

(9)   Such other roles as may be given by the Council. 

The membership and terms of reference were noted.

The Chair reported that Councillors C. Hardy and B. Gallacher were attending the meeting as substitutes for Councillors Towns and Wilczek.

Apologies were received from Councillors D. Towns and R. Wilczek.

Minutes of the meeting of the 10 February 2022, as circulated, to be confirmed as a true record, and signed by the Chairman.

RESOLVED that the minutes of the meeting of the Standards Committee held on Thursday, 10 February 2022, as circulated, be confirmed as a true record and signed by the Chair.

To request ratification of the appointment of Cllr Dunn to the interview panel with regard to the appointment of the three Parish Council representatives to the Standards Committee and the appointment of additional Independent Persons.

It was reported that Councillor A. Wallace who had been appointed to both of the interview panels was no longer a member of the Standards Committee.  His place on the interview panels would be taken by Councillor L. Dunn.

RESOLVED that the appointment of Councillor L. Dunn to the interview panels with regard to the appointment of the three Parish Council representatives and the appointment of two additional Independent Persons, be ratified.

The purpose of the report is to place before the Standards Committee a preliminary issue in relation to 3 Code of Conduct complaints. This issue is a matter for the Committee to determine.

The Chair introduced Samantha Broadfoot, QC, to the meeting.  Ms. Broadfoot would provide independent legal advice to the Standards Committee.

Neil Masson, Deputy Monitoring Officer, reported that there were three Code of Conduct complaints that had been investigated and would progress to a local hearing.  Following the Caller Report and S.114 report there was now an issue as to whether these should continue to a local hearing or not.  This type of decision was normally made by the Monitoring Officer, but due to the nature of these items, the function had been delegated to Mark Heath of VWV acting for the Monitoring Officer.  He had decided to refer this decision to the Committee.  If the Committee decided to proceed, then the next step would be to hold a full preliminary hearing to decide on those matters that needed determination before the local hearing could be heard.

Ms. Broadfoot stated that she had been instructed by Mark Heath, external Monitoring Officer, and author of the report before Members.  She explained that she disagreed with what had been suggested as possible in the report.  She made the following points:-

•       She appreciated the thinking behind the proposal in the report.  She had read the Caller and S.114 reports which identified governance difficulties and referred to the Code of Conduct system being misused by some people at various points, and the desire to re-set and for the Council to move forward.

•       There were difficult legal questions here as there was no precedent.  The County Council was in a unique position.

Ms. Broadfoot reported that she had drawn the following conclusions:-

•       There were several stages in the local arrangements required by the Localism Act, from the receipt of the complaint, the investigation if required, then the next steps by the Monitoring Officer

•       If there was no evidence of potential breach and the Monitoring Officer was satisfied this was the case, then no further action was required.

•       If there was evidence of a potential breach, then the Monitoring Officer would either seek local resolution or move to a local hearing.

•       A local resolution was not appropriate in this particular situation.

•       Under the local arrangements, the Monitoring Officer had the discretion not to move to a local hearing if they were of the opinion that

•       the nature of the failure to comply with the Code of Conduct did not justify the time and cost of a local hearing, or

•       for other reasons particular to the complaint.

•       The Standards Committee was being asked to consider whether there were reasons particular to these complaints which meant that the process should be stopped.

•       Mark Heath had set out the reasons why he felt that the process should be stopped.  This was because the Caller Report stated that there had been excessive and inappropriate use of the Code of Conduct procedure.  There had been inappropriate complaints by Senior Officers against Members and that these were sufficient reasons particular  ...  view the full minutes text for item 26.

To receive a report on the progress with complaints received by the authority under the new arrangements adopted by the authority for dealing with standards allegations under the Localism Act 2011. 

Members received a report on the progress with complaints received by the authority under the arrangements adopted by the authority for dealing with standards allegations under the Localism Act 2011.  An updated report was circulated at the meeting for Members’ information.

Members suggested that more information be provided which may show a pattern such as the same person making multiple complaints.  The Chair stated that it was planned to review the system and how it was operated, and Members’ views would be taken into account.  Ms. Broadfoot added that the desire for this type of information was understood, however, it was important to ensure that future complaints were not prejudiced and that some of the complaints may be valid.

RESOLVED that the report and Members’ comments be noted.

The next meeting is scheduled to be held on Thursday, 13 October 2022 at 2.00 p.m. at County Hall, Morpeth.

The next meeting will be held on Thursday, 13 October 2022 at time to be confirmed.