Return to Agenda

ITEM ST3

STANDARDS COMMITTEE – 20 APRIL 2006

MINUTES of the meeting held on 20 April 2006 commencing at 10.00am and finishing at 12.10 pm.

Present:

Voting Members:

Mr R. Elmore - in the chair

Councillor Mrs Catherine Fulljames
Councillor Deborah Glass Woodin
Councillor Maureen Hastings
Councillor Terry Joslin
Councillor Dermot Roaf
Mr R.A. Coudrey

Officers:

Whole of meeting: P. Clark (Resources); D. Bishop and D. Mitchell (Chief Executive’s Office).

The Committee considered the matters, reports and recommendations contained or referred to in the agenda for the meeting, and decided as set out below. Except insofar as otherwise specified, the reasons for the decisions are contained in the agenda and reports, copies of which are attached to the signed Minutes.

    5/06. ELECTION OF CHAIRMAN FOR THE CURRENT COUNCIL YEAR

    RESOLVED: that Mr Robert Elmore be elected as Chairman for the current Council Year.

    6/06. ELECTION OF DEPUTY CHAIRMAN FOR THE CURRENT COUNCIL YEAR

    RESOLVED: that Mr Roger Coudrey be elected as Deputy Chairman for the current Council Year.

    7/06. APOLOGIES FOR ABSENCE AND TEMPORARY APPOINTMENTS

    Apologies for absence were received as follows:

    Apology from

    Temporary Appointments

    Councillor Keith Stone

    -

    8/06. DECLARATIONS OF INTEREST

    Councillor Roaf declared a personal interest in Agenda Item 8 on the grounds that he was a member of the IDeA.

    9/06. MINUTES

    The Minutes of the meetings of the Committee held on 16 November 2005 and 25 January 2006 were approved and signed.

    10/06. ANNUAL MONITORING REPORT

(Agenda Item 5)

The Committee considered a report (ST5) which reviewed progress on the various elements of the Committee’s responsibilities since the last monitoring report in April 2005 and identified a number of proposals for implementation in the current year.

Mr Clark gave a brief presentation outlining the key points contained in his report and in particular, highlighted the Local Authority (Code of Conduct) Local Determination (Amendment) Regulations 2004 which came into force empowering Ethical Standards Officers (ESOs) to refer allegations that a Member had breached the Code of Conduct to Monitoring Officers (MOs) for investigation and report to the Standards Committee. The Committee itself had agreed to new arrangements for the investigation of cases and approved modifications to the hearing and pre-hearing procedures. The Committee had received briefings on the extended range of penalties and sanctions available to Standards Committees.

The Committee then considered the report. Key points raised during debate are given below:

    • The Committee needed to be careful when dealing with complaints from outside of the Authority – clear guidelines should be issued from the Standards Board, otherwise there was a risk of putting the Monitoring Officer in a difficult position.
    • The need for the Council to publicise widely that there were further steps and that the Standards Committee were not judge and jury.
    • The Monitoring Officer and Standards Committee needed to have clear and robust processes in place and give clear reasons when they rejected to carry out an investigation.
    • People needed to have the right to go further if necessary.
    • The need to ensure that the Standards Committee reported back to media on outcome.

RESOLVED:

    1. to note the report; and
    2. to adopt the proposals set out in the report as the basis for its work programme for 2006/07.

    11/06. IDEA: ETHICAL TOOLKIT

    (Agenda Item 6)

    The Committee had before them a report which considered the need for the Ethical Governance Toolkit which had been designed by the Audit Commission and the Improvement & Development Agency (IDeA) to help authorities to assess how well they were meeting the ethical agenda.

    The Toolkit provided a range of options, from a comprehensive, in-depth survey to a more light-touch assessment. The report outlined the Toolkit options and costs and asked the Committee for a view on whether, and at what level, the Council should undertake an assessment of its ethical standards arrangements using the Toolkit.

    The Chairman and Deputy Chairman spoke in support of the full Audit, on the basis that it would allow the Standards Committee to set their own work programme for the next few years in a non-threatening way.

    RESOLVED: to carry out a full Audit by the Audit Commission to access how well the Council were meeting the ethical agenda.

    12/06. COMPLAINTS AND INVESTIGATIONS: CASE SUMMARIES

    (Agenda item 7)

    At its last meeting the Committee had reviewed its training and development programme over the last six months and agreed to look in detail at a number of case studies to gain experience and to keep abreast of current issues.

    The Monitoring Officer presented a number of recent case examples from the Standards Board at this meeting for general discussion and consideration of possible implications for members in Oxfordshire.

    Members were also asked to consider whether they would wish to receive "The Case Alert" to be launched by the Standards Board in May 2006, which would provide regular bulletins to keep members informed of noteworthy decisions by standards committees, the Adjudication Panel for England and the High Court, particularly where they shed new light on understanding of the Code of Conduct.

    Members of the Committee then undertook a workshop session to work through case studies based on several problematic/topical areas of the code of conduct, applying the code to make a decision on the matter under investigation.

    Each group then reported back on their findings, discussing what conclusions they had reached and the penalties awarded. Following the workshops the Committee RESOLVED to:

    1. undertake a similar training exercise annually; and
    2. receive a summary of the "Case Alerts" at their next meeting.

    13/06. OUTCOME OF STANDARDS BOARDS COMPLAINT

(Agenda Item 8)

The Committee had before them the outcome of a complaint received by the Standards Board on 30 June 2005 regarding a member that had failed to treat others with respect, compromised the impartiality of Council employees, brought his office or authority into disrepute, improperly secured an advantage for himself or others and misused the council’s resources.

The Monitoring Officer led a discussion on the complaint and asked members to consider any implications it might have for the authority.

The Chairman stressed that members needed to be reminded about the protocol included in the Council’s constitution which set out current procedures for members dealing with junior members of staff.

RESOLVED: to:

    1. note the outcome of the case outlined on the Agenda; and
    2. include advice and guidance in the next "Councillors information" publication in relation to the member/officer Code of Conduct.

    14/06. ANNUAL REPORT 2005/2006

(Agenda Item 9)

At the 21 April 2005 meeting the Committee agreed to the production of an Annual Report to be submitted to Council from 2006. The Chairman of the Committee submitted a report to Council on 4 April 2006, outlining the various areas of work that the Committee have undertaken over the last year and proposals for future work which the Committee hope to undertake. The Council noted the report. The Committee now had before them a copy of the report (ST9) for information.

RESOLVED: to note the report.

in the Chair

Date of signing 2006

Return to TOP