Agenda and minutes

Standards Committee - Wednesday, 4th September, 2013 7.00 pm

Venue: Austen Room, Council Offices, Cecil Street, Margate, Kent. View directions

Contact: Louise Caffery 

Items
No. Item

43.

Apologies for Absence

Minutes:

Cllr Marson, Cllr Nicholson (Substitute Cllr Harrison), Parish Cllr Way

44.

Minutes of Previous Meeting pdf icon PDF 178 KB

To approve the Minutes of the meeting of Standards Committee held on 6 June 2013, copy attached.

Minutes:

The minutes of the previous meeting were agreed and signed by the Chairman

45.

Declaration of Interests

To receive any declarations of interest.  Members are advised to consider the advice contained within the Declaration of Interest form attached at the back of this agenda.  If a Member declares an interest, they should complete that form and hand it to the officer clerking the meeting and then take the prescribed course of action.

Minutes:

There were no declarations of interest

46.

Chairman's Report pdf icon PDF 189 KB

Verbal Report

Minutes:

The Chairman expressed his disappointment that no acknowledgement or reply had been received to the letter written to the LGA (the letter is attached in the minutes).  The Monitoring Officer was requested to write again to the LGA.

47.

Audit Report: Members' Code of Conduct, Disclosure of Interests & Standards Arrangements pdf icon PDF 64 KB

Additional documents:

Minutes:

Noted

48.

Guidance for Councillors on personal internet blogging and use of social media

Withdrawn

Minutes:

Report withdrawn

49.

Standards Complaint Statistics pdf icon PDF 62 KB

Additional documents:

Minutes:

Noted

50.

Monitoring Officer Update on Standards Complaints pdf icon PDF 62 KB

Minutes:

Noted

51.

Contract Standing Orders and Purchasing Guide pdf icon PDF 90 KB

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Report to follow

Additional documents:

Minutes:

Karen Paton, Strategic Procurement Manager was in attendance and introduced the item.

Moved: Cllr Roberts

Seconded: Cllr Johnston

Resolved:  to recommend to full council the amendments to the Contract Standing Orders and Purchasing Guide as shown in Annex’s 1 and 2, such amendments relating to the following areas:

·  Reinforcement of Conflict of Interest and confidentiality undertaking protocols including addition of “Conflict of Interest” contract clause as standard for contracts valued £10K and over.

 

·  Inclusion of obligations and requirements of the council in respect of Public Services (Social Value) Act 2012.

 

·  Realignment of headings of Standard Contract Clauses to the council’s General Conditions of Contract

 

·  Non-material amendments to Job Titles and Section headings to align with the current council structure/establishment.

 

·  Authorisation to the Strategic Procurement Manager to undertake such non-material amendments as a result of restructures, as required from time to time, without the requirement to revert to the Constitutional Review Working Party, provided that a report on amendments be brought to the next available meeting of the Constitutional Review Working Party.”

52.

Revision to Financial Procedure Rules re reporting of balance sheet debt pdf icon PDF 65 KB

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Report to follow

Additional documents:

Minutes:

Moved:  Cllr Grove

Seconded: Town Cllr Lawson

Resolved:

§  That the Standards Committee approves and recommends to Council the amendment to the Financial Procedure Rules to require the reporting of all aged debt over £150,000 to the next available ordinary council meeting.

§  That the Standards Committee approves and recommends to Council that the timeline for reporting debts shall be 60 days for those debts with standard payment terms of 0 or 30 days and 90 days for those debts with payment terms of 60 days regardless of whether or not the debt has been paid in full or in part between the expiry of the 60 or 90 day period (whatever the case may be) and the date of the next available ordinary Council meeting.

§  That the Standards Committees recommends for Council approval the amendments to Financial Procedure Rule (Regulation D: Systems and Procedures), as set out at Annex 1.

 

53.

Review of Protocol for the Guidance of Planning Committee Members and Officers pdf icon PDF 69 KB

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Additional documents:

Minutes:

Moved: Cllr E Green

Seconded: Cllr Grove

Resolved: the Standards Committee recommends to full Council that the revised Planning Protocol be approved.

54.

Filming of Council meetings pdf icon PDF 102 KB

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Report to follow

Additional documents:

Minutes:

Following debate, the Standards Committee supported Option 2 with the proviso that the Chairman of any meeting being filmed should announce the fact before the meeting starts.

 

Proposed: Cllr Roberts

Seconded: Cllr Harrison

Resolved:  To recommend Option 2 to full council with the additional words ‘The chairman will announce at the beginning of the meeting that it is being filmed.’

55.

Review of decisions made in private session pdf icon PDF 104 KB

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Report to follow

Additional documents:

Minutes:

Proposed: Cllr Grove

Seconded: Cllr Johnston

Resolved:  The Standards Committee resolved to make the following table of recommendations to full Council:

4.1.4  Recommendation – that a confidential / exempt report is reviewed a year after the ultimate decision taking body has considered it.

4.2.2  Recommendationthat the reviews of the status of exempt information relate to all decisions other than those taken by the Standards Committee or its sub-committees.

4.2.3  Recommendation – that only exempt decisions taken after the constitution has been updated are affected by this process – in other words, it is not retrospective.

4.3.6  Recommendation – that the list of officer delegations in the constitution be amended to include a delegation to the Corporate & Regulatory Services Manager to conduct reviews of exempt information and determine whether it should be published.

4.3.7  Recommendation – that the Corporate & Regulatory Services Manager publishes his decision on each review giving reasons for such decision.

4.3.8  Recommendation – that Democratic Services uses the modern.gov system to publish reports that are no longer deemed to be exempt.

4.4.5  Recommendation: If after the first year review a report is still treated as exempt, that report should then be the subject of a further similar review on the third anniversary of the decision having been first reviewed.

4.5.2  Recommendation: That full Council receives a report on the decisions reviewed by the Corporate and Regulatory Services Manager on an annual basis; such a report to include the reasons wherever it is considered not possible to release the report/information to the public.

4.6.2   Recommendation: To agree to add the additional paragraphs as shown in Annex 1 to the report to the Council’s Access to Information Rules.

 

 

56.

Substitute Members of the Governance & Audit Committee pdf icon PDF 75 KB

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Minutes:

Moved:  Cllr Mrs Johnston

Seconded:  Cllr M Tomlinson

Resolved:  The Standards Committee recommends to full Council that there should be named substitutes for the Governance and Audit Committee and they should be appointed in accordance with the principles of political proportionality and that the following table be included within the terms of reference for Governance and Audit Committee within the Council’s Constitution:

 

Number of Members :

Nine Members

Substitute Members Permitted:

Yes –only from the list approved by

Council, which matches the proportionality

of the Committee itself.

Political Balance Rules Apply:

Yes

Appointments/removals from Office:

By resolution of Full Council

Restriction on Memberships:

None – Membership decided upon

by Full Council

Restrictions on Chairmanship/

Vice-Chairmanship:

None - Membership decided upon

by Full Council

Number of ordinary meetings per year:

4

 

 

 

57.

To review Constitutional Procedure Rule relating to "Putting the Motion to the Meeting" pdf icon PDF 82 KB

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Minutes:

Moved:  Cllr Harrison

Seconded:  Cllr Mrs Johnston

Resolved:  The Standards Committee made the following recommendation to Council:

 

16.3  Putting the Motion at the Meeting

 

The Member whose name appears first on the Notice will move the motion during his or her speech and call for a seconder. If seconded and  the mover of the motion is a member of a political group other than the ruling political group, the Chairman will call upon a member of the ruling political group to reply. If seconded and the mover of the motion is a member of the ruling political group, the Chairman will call upon a member of one of the other political groups to reply. In such circumstances the Chairman will call upon a member of the second largest political group unless, exceptionally and based upon the nature of the motion, the Chairman considers it appropriate to call upon a member of another political group (other than a member of the ruling political group) to reply. The motion shall then stand referred without further discussion to the Cabinet or appropriate Committee for determination or report unless the Council decides to debate the motion in accordance with Rule 19.”

58.

To update the Constitution with a view to removing references to the Standards Board for England pdf icon PDF 109 KB

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Minutes:

Moved:   Cllr Grove

Seconded:  Cllr Fletcher

Resolved:   To recommend that the Council removes references to the Standards Board for England from the Constitution.

59.

Changing the Petitions Scheme to a Protocol pdf icon PDF 67 KB

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Minutes:

The Standards Committee agreed that the Petition Scheme should become a Protocol rather than a Procedure and agreed to make the following recommendation to Council:

 

Moved:  Cllr Lawson

Seconded: Cllr Roberts

Resolved:  Recommendation to Council that paragraphs 12.0 to 12.9 of the Council Procedure Rules be moved to Part 5 of the Council’s constitution and the following new paragraph 12.0 be added.

 

“12.0  Petitions from the Public

 

The Council will receive, accept and deal with petitions from members of the public in accordance with the requirements of any Petitions Scheme from time to time adopted by the Council.  The Council’s current Petitions Scheme is included in Part 5 of the Council’s constitution.”

60.

To Review Council Procedure Rule 3.1 - Calling Extraordinary Meetings pdf icon PDF 78 KB

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Minutes:

Cllr King requested to speak under Rule 24:1, there were no objections.

 

Cllr King was disappointed with the proposal, he felt it was unnecessary and undemocratic as increasing the number of members from 5 to 7 required to requisition an extraordinary meeting undermined smaller independent groups who would need the support of one of the larger groups to succeed.  Cllr King made the point that neighbouring councils require 5 members to requisition an extraordinary meeting.

 

Cllr Gove agreed with Cllr King and the Monitoring Officer to explain why the number had increased from 5 to 7 members.

 

The Monitoring Officer explained that a quorum was a quarter of the membership and therefore it was recommended that an increase to 7 members would represent an eighth of the membership.

 

Moved:  Cllr Johnston

Seconded: Cllr Harrison

Resolved:  To recommend to full Council the wording recommended by the Constitutional Review Working Party with the additional words at 3.1 (iv): ‘to be reviewed if the number of members increases or decreases.

 

Cllr King left the meeting

 

61.

Leader's Report - Review of Council Procedure Rule 2.2 pdf icon PDF 75 KB

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Minutes:

Moved:  Cllr Mrs Green

Seconded:  Cllr Tomlinson

Resolved:  That the Standards Committee recommends to Council the following wording be removed from Council Procedure Rule 2.2:

 

“The total time (including time slots as mentioned above) will be limited to 31 minutes”.