Agenda and minutes

None declared.

The minutes of the meeting held on 6 December 2011 are attached. The minutes of the meeting that took place on 2 May 2012 will follow.

RESOLVED:-

that the minutes of the previous meetings held on 6 December 2011 and 2 May 2012 be approved as accurate records of the meetings.

None.

The purpose of this report is to review the Member Development Programme. The report outlines the development sessions delivered for members since May 2011 including tailored role development sessions, technical skills development and personal skills development. This report also outlines some future plans for the programme, including a series of ‘drop-in’ sessions to help prepare members for the move to the Civic Centre, community engagement sessions including ward working projects and community safety, and an event looking at the ‘councillors as school governor’ role including the wider issue of probity in schools.

Rhiannon Leary (Mayor’s Office and Member Development Manager, Customer and Community Engagement) introduced the report and confirmed that an 18 month review of the Member Development Programme’s three year accreditation was being conducted by South East Employers.  The report was due for publication later this week and it was anticipated that it would be favourable.  The programme was on track to achieve all its targets and an update could be provided at a future meeting if Members so wished.  Rhiannon Leary advised that there had been no occasions where councillors had failed to attend courses that they had been booked on and then cancelled at short notice, save one occasion when a councillor was unable to attend a free event but had given ample notice, and another where a councillor had fallen ill.  Members noted the areas identified as common areas of development following personal development plan interviews of 36 councillors and feedback that had been provided by the member development steering group.  Rhiannon Leary added that Civic Centre drop-in sessions would be available for councillors in July.

Sola Afuape asked for further information on feedback from councillors and the Chair enquired what steps were being taken to take forward personal development plans.

In reply, Rhiannon Leary advised that most feedback was received from internal events and requests made by councillors would be actioned as soon as possible.  There were also plans to introduce an electronic feedback form once the move to the Civic Centre was complete and the committee noted that training events were rolled out appropriately in response to the personal development plan interviews.

RESOLVED:-

that the report on the Annual review of the Member Development Programme May 2011 – April 2012 be noted.

A report to update the Committee on the implications of the Localism Act 2011 and the regulations published on 8^th June 2012 setting out the new Code of Conduct and advice on pecuniary interests.

Fiona Ledden (Director of Legal and Procurement) introduced the report and explained that a draft new Code of Conduct had been in circulation for some time and had been discussed at the Constitutional Working Group (CWG).  Clear guidance was still awaited as to how complaints would work under the new code which was due to come into effect from 1 July 2012.  The main changes to the new code were in respect of interests and in particular pecuniary interests and how these would also apply to councillors’ spouses.  Furthermore, if a pecuniary interest had not been properly registered or disclosed, it would be a criminal offence to do so.

In respect of the future role of the Standards Committee, Fiona Ledden advised that it was not intended to refer every single matter to the committee and following consideration with regard to the composition of the committee, it was felt that this should be politically balanced.  The regulations had also changed in respect of independent members and existing independent members could only continue to serve on the Standards Committee if they resigned from their post before 1 July and then subsequently re-apply.  A rolling programme for recruitment of independent members would be required in future years.  Fiona Ledden advised that in respect of recommendation 2.5 in the report concerning dispensations, it was highly unlikely that such action would be needed in practice.  The committee noted that all councillors would be written to providing clear guidance on the new code.

During discussion, Councillor Colwill expressed his disapproval in the changes to legislation that would diminish the Standards Committee’s powers to take action against councillors who had violated the code.  He felt that the Standards Committee had functioned well and that there had been worthy debates on a number of issues.  Councillor Beck sought further information on the views of the CWG in respect of political balance on the Standards Committee and clarification that the size of the committee could be decided by the individual local authority.  He also commented that the current composition of one member from each political group prevented the committee from being controlled by a particular political group and expressed concern that introducing political balance would allow the opportunity for the largest political group to monopolise decisions. 

In noting the proposed changes to the composition of the Standards Committee, Sola Afuape enquired what measures were being taken to safeguard the council’s reputation with regard to upholding the code’s standards.

The Chair stated that information on the code should be disseminated to the public to manage expectations in terms of upholding standards.  She commented on the need to address the issues that had been raised and to make arrangements for an independent adviser for the committee.  The Chair advised that the committee was being asked to provide broad agreement of the structure prior to the Full Council meeting on 9 July.

In reply to the issues raised, Fiona Ledden acknowledged that the Standards Committee’s powers had been reduced as a  ...  view the full minutes text for item 5.

Following changes to legislation under the Local Government and Public Involvement in Health Act 2007 the responsibility for considering and making exemptions in respect of posts that are politically restricted became the responsibility of the Standards Committee, previously the responsibility of the Independent Adjudicator.

Fiona Ledden introduced the report that sought approval to exempt political restriction in respect of political assistants.  She referred Members to paragraph 3.1 in the report which set out the provisions for certain posts to be politically restricted under Part One of the Local Government and Housing Act 1989.  The committee heard that following the 2010 Local Elections, posts in the Political Group Offices had been re-categorised as political assistant posts.  However, whilst recruiting for a vacant position in the one of the Group office, the candidate chosen had indicated that they might want to run for candidacy as a councillor in the future and a similar situation existed in respect of an officer working in another Group office.  Fiona Ledden commented that as a result, it was being recommended to exempt political assistant posts from political restriction as the very nature of their work involved undertaking activities for political purposes. 

During discussion, Councillor Beck agreed that political assistant posts should not be subject to political restrictions as he felt that the criteria to which political restriction should apply had very little to do with the role of the political assistants.  Councillor Colwill sought confirmation that political assistants could act politically and what specific steps would be taken in respect of exempting them.  He also asked if exemption would be applied to any other posts.

Sola Afuape asked whether the exemption would set a precedent for any other posts.  The Chair commented that the merits of each individual case were considered prior to deciding whether applying an exemption was appropriate.

In reply, Fiona Ledden clarified that political assistants could not use resources to promote a political group during their working time at the local authority, however they would be expected to be politically aware.  However, during their personal time, they should be free to promote a political cause if they so wished, such as canvassing or becoming a councillor.  There would be no need to make changes to the job description of political assistants in respect of this.  Fiona Ledden confirmed that the exemptions only applied specifically to political assistants because of the unique nature of these positions and no applications had been received to exempt any other posts.

RESOLVED:-

that in light of the application received from a member of staff, that it be agreed that political restriction in respect of the posts of political assistant be exempted from the provisions.

None.

None.