Agenda and minutes

An apology for absence was received from Mrs Frampton.

To receive any declarations of interest.  Members are advised to consider the extract from the Standard Board Code of Conduct for Members, which forms part of the Declaration of Interest form 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.

There were no declarations of interest.

To approve the Minutes of the Constitutional Review Working Party meeting held on 26 April 2012, copy attached.

On the proposal of Councillor Hayton, seconded by Councillor Watkins, the minutes of the meeting of the Working Party held on 26 April 2012 were approved and signed as a correct record.

Councillor Hayton expressed the view that a limit should be imposed on the time allowed for Members of Council to speak at Working Party meetings under Council Procedure Rule 24.1.

The Monitoring Officer pointed out that the fine referred to at paragraph 1.2 (xiv) of the report was a Level 5 fine and could therefore go up to £5,000 (not £2,500, as stated in the report).

Other amendments to the Report were agreed as follows:

1. Para 1.2 (xii) – Registers of Interest  - amended to read:

“The Monitoring Officer would have to continue to maintain a Register of Interests for both District and Town/Parish Councillors and co-opted Members …”

2. 1.6 (last sentence) – amended to read:

“The Standards Committee could then make recommendations . . . in the knowledge of whether the pending regulations would, for example, permit an existing or former Independent Member of the Standards Committee to be eligible for appointment as an Independent Person under the new framework.”

The Monitoring Officer outlined the key elements and background to the four annexes, and the Working Party AGREED TO RECOMMEND:

CODE OF CONDUCT FOR MEMBERS – ANNEX 1

1. that, in accordance with the recommendation of the Standards Working Party, the Code need not contain a general conduct obligation to treat others with respect  (para 3.1 of report refers);

2. that, in accordance with the recommendation of the Standards Working Party, the words, “claiming to act or giving the impression that you are acting” be added to para 1.2 (preamble) of the Code, to read:

“The Code applies to you as a Member or Co-opted Member of the Thanet District Council when acting, claiming to act or giving the impression that you are actingin that capacity”.  (para 3.1 of report refers);

3. that, in accordance with the recommendation of the Standards Working Party, where “Other Significant Interest” is referred to within the Code, these words should be substituted with, “Significant Interest”.

Adoption of Code of Conduct

On the proposal of Councillor Hayton, seconded by Councillor Watkins, it was AGREED TO RECOMMEND that the Code of Conduct be adopted, subject to the amendments outlined at recommendations numbered 1 & 2 above.

ARRANGEMENTS FOR DEALING WITH CODE OF CONDUCT COMPLAINTS – ANNEX 3

Anonymity of complainant  (Paras 4.20 & 6.1, Arrangements, Para 5 of Annex 2, Procedure)

4. that the words, “Independent Person” in the second sentence of Para 6.1 of the Arrangements and the first sentence of Para 5.4 (Annex 2 to Arrangements) should be substituted with “Standards (Assessment) Sub Committee”.

Upon some Members expressing reservations about the possibility of the complainant’s identity and/or the nature of complaint being withheld, the Monitoring Officer assured Members that anonymity would only occur in exceptional circumstances, as outlined at para 5.2, Annex 2 to the Arrangements, and only then if there was also supporting evidence of the circumstances.  Furthermore, the identity and / or nature of complaint would be disclosed upon determination of the action to be taken in relation to the complaint.

Legal Jurisdiction Criteria Test / Local Assessment Criteria  -Paras 1.2 & 1.4 of Annex 2 to Arrangements  - Procedure on receipt of a complaint

5. that, in accordance with the recommendation of  ...  view the full minutes text for item 32.

It was AGREED TO RECOMMEND, on the proposal of Councillor Hayton, seconded by Councillor Watkins:

1. that Options (a), (b) and (c) as set out at paragraph 2.2.4 of the report  be adopted;

2. that the previous recommendation of the Working Party in relation to the amendment of Access to Information Procedure Rule 20.1, as set out at paragraph 2.3.1 of the report, be adopted.

On the proposal of Councillor Watkins, seconded by the Chairman, it was AGREED TO RECOMMEND:

1. That CPR 2.2 is amended to reinstate the missing first paragraph as follows:

“The Leader of the Council may make an oral report, not exceeding ten minutes, on key issues arising since the last meeting of Council”.

2. That CPR 2.2 be further amended to read, “… The total time (including time slots as mentioned above) being will be limited to 31 minutes”.