Agenda and draft minutes

Standards Committee - Monday, 20th September, 2021 2.00 pm

Venue: Council Chamber, The Arc, Clowne

Contact: Nicola Calver  Governance Manager

Items
No. Item

STA9-21/22

Apologies For Absence

Minutes:

Apologies for absence were received from Councillors Clive Moesby and Deborah Watson.

STA10-21/22

Urgent Items of Business

To note any urgent items of business which the Chairman has consented to being considered under the provisions of Section 100(B) 4(b) of the Local Government Act 1972.

Minutes:

There was no urgent business to be considered at the meeting.

STA11-21/22

Declarations of Interest

Members should declare the existence and nature of any Disclosable Pecuniary Interest and Non Statutory Interest as defined by the Members’ Code of Conduct in respect of:

 

a)  any business on the agenda

b)  any urgent additional items to be considered

c)  any matters arising out of those items

and if appropriate, withdraw from the meeting at the relevant time.

Minutes:

Members were requested to declare the existence and nature of any disclosable pecuniary interests and/or other interests, not already on their register of interests, in any item on the agenda and withdraw from the meeting at the appropriate time.

 

There were no declarations made at the meeting.

STA12-21/22

Minutes pdf icon PDF 222 KB

To consider the minutes of the last meeting held on 5 July 2021.

Minutes:

Moved by Councillor David Dixon and seconded by Councillor David Downes    

RESOLVED that the minutes of a meeting of the Standards Committee held on 5 July 2021 be approved as a true and correct record.

STA13-21/22

Review of the Council's Constitution pdf icon PDF 396 KB

Report of the Monitoring Officer

Additional documents:

Minutes:

Committee considered a report in relation to areas for review within the Council’s constitution.

 

The following areas had been identified for review at this meeting.

 

a) Scrutiny Procedure Rules

 

An update to the scrutiny procedure rules had been drafted following changes to the scrutiny structure in May 2021.  An updated Part 4.5 of the Constitution was attached to the report at Appendix 2.

 

b) Call-in Procedure

 

It was proposed to add further details and clarity to the process of Call-in.  An updated version of the Call-in Procedure was attached to the report at Appendix 3.

 

c) Budget and Policy Framework

 

It was proposed to amend section 4.3.8 of the Budget and Policy Framework (Call-in of decision outside the budget and policy framework) so it reflected the changes that were being proposed to the Call-in Procedure.  An updated Part 4.3 of the Constitution was circulated at the meeting.

 

d) Council Procedure Rules

 

It was proposed to add the following as an extra Council Procedure Rule to permit substitutes for Licensing Committees, Planning Committee and the four Scrutiny Committees:

 

26.1 Members who are unable to attend a meeting may send another Member in their place to act as a substitute.  They substitute will have the same rights as a Member of the Committee they are substituting for.  This only applies for Planning Committee, Licensing Committees and the four Scrutiny Committees.  Before sitting as a substitute the Member should have received appropriate training for that Committee.

 

26.2 Members should notify the Governance Manager in advance of the meeting if they will not be present and the name of the Member who will be substituting in their place.

 

(In line with scrutiny membership rules Executive Members may not act as a substitute on scrutiny committees).

 

It was noted that there was an intention to appoint named substitutes to both Licensing and Planning Committees at the next Annual Council meeting.

 

Moved by Councillor David Dixon and seconded by Councillor David Downes

RESOLVED – that the Committee support the submission of proposals a) to d) to Council as part of the next Constitution Review

 

e) Independent Persons Terms of Office

 

The Committee on Standards in Public Life had recommended that The Localism Act 2011 should be amended to require that Independent Persons were appointed for a fixed term of two years, renewable once.  No change had been made to the legislation following the recommendation.  The Committee was being made aware of the recommendation but no change was proposed.

 

The Council had been appointing its Independent Persons for a period of four years.  Given the time and expense in recruiting suitable qualified persons it was not proposed to change the current practice at this time.

 

Moved by Councillor David Downes and seconded by Councillor Tricia Clough

RESOLVED – that the Committee support no change being made to the current arrangements for appointment and terms of office of Independent Persons.

 

The following changes had been made under delegated authority by the Monitoring Officer and were for the Committee’s  ...  view the full minutes text for item STA13-21/22

STA14-21/22

Complaints Update pdf icon PDF 316 KB

Update on statistics of complaints received by the Council against District and Parish Councillors

Minutes:

Committee received a quarterly update and a verbal updated provided by the Monitoring Officer in relation to complaints received against Members.

 

There were currently eight ongoing complaints; seven regarding Parish Councillors and one regarding a District Councillor.

 

RESOLVED – that the update be noted.

STA15-21/22

Work Programme 2021/2022 pdf icon PDF 187 KB

To consider the Standards Committee Work Programme for the remainder of the 21/22 municipal year.

Minutes:

Committee considered its work programme for the remainer of the 2021/22 municipal year.

 

RESOLVED – that the work programme be noted.