Archived decisions
ITEM 1
AT A MEETING of the STANDARDS COMMITTEE of the HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on 29 January 2002.
PRESENT:
Councillors: P.A. Pierce (Chairman); Mrs E.S.M. Barron; M.J. Kendal; W.H. Wheeler.
Also in attendance: Prospective Independent Members, Mr J. Chester; Dr. B. Spender; and Mr R. Coldham.
9. MINUTES
The Minutes of the meeting of the Committee held on 29 October 2001 were confirmed as a correct record and signed by the Chairman.
10. CHAIRMAN'S STATEMENT
The Chairman welcomed the two prospective independent members, Mr J. Chester and Dr. B. Spender together with the first reserve, Mr R. Coldham, to the Committee. It was proposed that they would be formally appointed by the County Council at its meeting on 21 February, following which they would be full members of the Committee with a vote on matters related to standards. He mentioned two events of interest to Members of the Committee: Seminars on the Code of Conduct primarily for elected Members, which were being held on 18 and 28 February; and also a Local Government Association conference on standards and conduct. Details would be sent to all Members of the Committee in the hope that they would be able to attend. The Chairman also referred to the conference which he had attended in London on 16 January: "The New Ethical Framework and the Model Code", and he explained the approach to probity which was envisaged by the National Standards Board.
11. ROLE AND FUNCTION OF THE STANDARDS COMMITTEE
The Committee considered a report of the Head of Corporate and Legal Services and Monitoring Officer (Item 2 in the Minute Book) on their role, function and terms of reference, as set out in the County Council's Constitution. It was received and noted, subject to the deletion of the letter "K" from paragraph 2.1 - Part 1: Standards.
12. MODEL CODE OF CONDUCT FOR MEMBERS
The Committee considered a report of the Head of Corporate and Legal Services and Monitoring Officer (Item 3 in the Minute Book) on the Model Code of Conduct for Members which had recently been published by the Government and which had to be adopted by all Councils by 5 May 2002. Members noted that the Code was mandatory, and accepted that they would in due course consider whether to recommend the adoption of a separate local code to reflect Hampshire's circumstances. Members pointed out the ambiguity of the phrase "bringing office or authority into disrepute"; there were no criteria or definitions and much would depend on guidance to be issued by the Standards Board. Reference was made to the rigorous requirements to declare interests, which included known interests of close family members and friends; and to the new category of "prejudicial interests" which required withdrawal of the member concerned from the meeting. Officers would be able to advise on interpretation, but ultimately it remained a matter for Members to determine whether they had an interest and if so to declare it.
RESOLVED:
That it be a RECOMMENDATION to the County Council
That the Statutory Model Code of Conduct for Members referred to in the report be endorsed and adopted.
13. OMBUDSMAN'S REPORT OF INVESTIGATION
The Committee considered a report of the Head of Corporate and Legal Services and Monitoring Officer (Item 4a in the Minute Book) on the outcome of a complaint and on the action taken by the County Council in response. Members welcomed the action being taken by departments to respond promptly to expressions of dissatisfaction and thus reduce the number of complaints referred to the Ombudsman.
RESOLVED:
That the Committee notes publication of a report of an investigation by the Local Government Ombudsman of a complaint concerning a Social Services matter, and welcomes the Ombudsman's conclusion not to uphold the generality of the complaint, and that action already taken by the County Council provided satisfactory remedy of two lesser matters where he concluded the County Council was at fault.
14. OMBUDSMAN'S ANNUAL REPORT 2000/01
The Committee considered a report of the Head of Corporate and Legal Services and Monitoring Officer (Item 4b in the Minute Book) on the findings of the Ombudsman's annual report, with particular reference to complaints made against the County Council.
RESOLVED:
That the Committee notes with satisfaction that in 2000/01 the Local Government Ombudsman discontinued investigation of all except one complaint against the County Council and that in the one case where a report of investigation was published, the Ombudsman was satisfied with the County Council's response.
15. APPOINTMENT OF INDEPENDENT MEMBERS TO STANDARDS COMMITTEE AND REMUNERATION PANEL
The Committee considered a report of the Head of Corporate and Legal Services and Monitoring Officer (Item 5 in the Minute Book) on the outcome of recent interviews and on the appointment of independent members to the Standards Committee and the Independent Remuneration Panel.
RESOLVED:
That it be a RECOMMENDATION to the County Council
(i) That Mr John Chester and Dr. Barbara Spender be appointed as the two independent members to serve on the County Council's Standards Committee for a period of 4 years expiring in February 2006; and that Mr Randolph Coldham be identified as the first reserve.
(ii) That Mr Geoff Boutle and Mr Frederick Quick be appointed to serve on the Independent Remuneration Panel for a period of 4 years expiring in February 2006; and that Dr. Elizabeth Waterman-Roberts be identified as the first reserve.
(iii) That Professor Malcolm Grant be appointed to chair the Independent Remuneration Panel for a period of 4 years expiring in February 2006.
(iv) That the existing Members' allowances be continued until such time as the Independent Remuneration Panel have made their recommendations and any changes approved by the County Council, and that such changes be backdated as appropriate.
That the Independent Remuneration Panel be requested to give specific consideration to the following issues:
(i) The special responsibility allowance for Policy Review Committee Vice-Chairman.
(ii) The special responsibility allowance for the Chairman of Standards Committee.
(iii) Review of the Labour opposition Leader's allowance.
(iv) Special responsibility allowance for Cabinet Members without portfolio.
(v) Annual review of Members' annual allowance.
(vi) Possible special responsibility allowance for the opposition spokespersons on the Regulatory Committee.
(vii) Possible special responsibility allowance for the opposition spokesperson on the Hampshire Fire and Rescue Authority.
(viii) Possible link between the flat rate Members' allowance and actual attendance at meetings.
15. DATES FOR FUTURE MEETINGS
The Committee noted their programme of meetings for the remainder of 2002 as follows:-
Tuesday 23 April
Tuesday 9 July
Tuesday 22 October
All at 2.15 p.m. in the Chute Room, The Castle, Winchester
5JM40102