Archived decisions
ITEM 2
AT A MEETING of the STANDARDS COMMITTEE of the HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on 15 July, 2002.
PRESENT:
Councillors: P.A. Pierce (Chairman); Mrs. S.E. Allbright; Mrs. S.M. Glasspool, DL
M.J. Kendal; A.D. Ludlow (deputising for Mrs E.S.M. Barron).
Independent Member : Mr. J. Chester
17 MINUTES
The Minutes of the meeting of the Committee held on 29 January 2002 were confirmed as a correct record and signed by the Chairman.
18 CHAIRMAN'S STATEMENT
The Chairman welcomed Councillor Mrs. S.E. Allbright to her first meeting since she had been appointed the Standards Committee in place of Councillor Hutcheson, who had become Chairman of the County Council. He also welcomed Mr. Chester to the Committee as an independent Member, following his formal appointment by the County Council. The elected Members of the Committee all declared an interest in the item "Councillors' allowances" (Minute 23). The Head of Corporate and Legal Services and Monitoring Officer advised them that this did not amount to a prejudicial personal interest as there was an exemption which would enable them to take part in discussion on the item.
19 STRUCTURE OF THE AGENDA
It was noted that, in accordance with Part I, Chapter 9 of the Constitution, the agenda for the Standards Committee was divided into sections:
Part I : Standards
Part II : Procedures
Independent Members were entitled to vote only on Part I items.
PART I - STANDARDS
20 MODEL CODE OF CONDUCT - GRANT OF DISPENSATIONS
The Committee considered the report of the Head of Corporate and Legal Services and Monitoring Officer (Item 4 in the Minute Book) on procedures for the grant of dispensations to Members. In response to questions, it was explained that decisions on dispensations could not be delegated by the Standards Committee and if necessary a special meeting would have to be arranged.
RESOLVED:
That the Committee note and observe the circumstances in which it may grant dispensations under the provisions of the Relevant Authorities (Standards Committee) (Dispensations) Regulations 2002.
21 LOCAL INVESTIGATION AND DETERMINATION OF MISCONDUCT ALLEGATIONS AGAINST COUNCILLORS
The Committee considered the report of the Head of Corporate and Legal Services and Monitoring Officer (Item 5 in the Minute Book) on Government proposals and on the County Council's suggested response. The Committee agreed in general terms with the representations set out in the report, and drew particular attention to the importance they attached to the Standards Committee itself being fully responsible for the investigation of complaints against elected Members. They could see no reason why a committee of 8 Members should appear intimidating or should be unable to discharge this important function effectively and fairly. They had no objection to an independent Member acting as Chairman in those circumstances, but expressed concern at the idea of a smaller sub-committee or panel being selected from the membership of the Standards Committee by that independent Chairman.
RESOLVED:
That the Committee expresses strong support for the observations set out in the report of the Head of Corporate and Legal Services and Monitoring Officer and draws the specific attention of the Government to the importance of the full Standards Committee, whether chaired by an independent Member or not, being fully responsible for the investigation of complaints against elected Members.
22 WORK PROGRAMME - ITEMS SUGGESTED BY MEMBERS
The Committee received and noted the report of the Head of Corporate and Legal Services and Monitoring Officer (Item 6 in the Minute Book) on the process whereby Members could suggest items to be put forward for consideration by the Standards Committee. They suggested that, in order to reassert the importance of high standards, an item "Declaration of interests" should be included at the beginning of every Council, Committee and Executive Member agenda in order to remind Members of their responsibilities. The Head of Corporate and Legal Services and Monitoring Officer undertook to take the necessary action.
RESOLVED:
(i) That the procedure contained within the submitted report, whereby individual Members of the Standards Committee could request items for consideration, be adopted.
(ii) That a formal item "Declaration of Interests" be added to the agenda for every Council, Committee and Executive Member meeting with immediate effect.
PART II - PROCEDURES
23 REPORT OF THE INDEPENDENT REMUNERATION PANEL ON COUNCILLORS' ALLOWANCES
The Committee considered the report of the Head of Corporate and Legal Services and Monitoring Officer and County Treasurer (Item 7 in the Minute Book) on issues arising from the Independent Remuneration Panel's report, a copy of which was attached as Appendix 7A; together with a report by the County Treasurer on the resultant costs and other aspects which the Committee might wish to take into account. They also had before them a substantive motion put forward by the Conservative Group.
The Committee then debated in turn each of the recommendations put forward and reached agreement on all of them, save for concerns expressed by one Member that, having set up the Independent Remuneration Panel, the County Council should diverge as little as possible from its recommendations. It was, therefore
RESOLVED:
That it be a RECOMMENDATION to the County Council:
That the recommendations of the Independent Remuneration Panel be adopted as amended below:
(i) That we adopt in principle as policy for future years an uplift for inflation in line with the national pay award for local government staff and consider each year whether to apply this percentage increase from 1 April each year.
(ii) For this year
(a) That there should be no change in the basic allowance in the current review beyond an increase for inflation, such increase to be 3% based on our offer to the national pay award for local government staff negotiators for April 2002. To be implemented from 1 April 2002.
(b) That there should be no change to the higher band and generally to the special responsibility allowances, beyond an increase for inflation, such increase to be 3% based on our offer to the national pay award for local government staff negotiators for April 2002. To be implemented from 1 April 2003.
(c) That there should be a special responsibility allowance of £10,000 for the two posts of Cabinet Member without portfolio, and that this award be backdated to 1 September 2001 and increased for inflation in line with the other allowances as set out in (ii) above. To include any members who have served on the Cabinet during this period but have since been moved to other duties.
(d) That the special responsibility allowances for the Leaders of the Opposition Parties be calculated on the basis of a standard allowance of £5,000, plus £275 for each County Councillor on the Group, the increase in allowance for the Leader of the Second Opposition Party to be backdated to 1 September 2001 both allowances to be increased for inflation on the basis set out in (ii) above.
(e) That a special responsibility allowance of £5,000 be paid to the Chairman of the Standards Committee, backdated to 1 September 2001, and then increased for inflation as set out in (ii) above.
(f) That no special responsibility allowance be paid to the political spokesmen on the Regulatory Committee.
(g) In the light of proposals being considered by the Government for the Hampshire Fire and Rescue Authority to become a precepting Authority, consideration of members allowances for County Council members on the Hampshire Fire and Rescue Authority be deferred until Government precepting policy and procedures are announced.
(h) That Vice-Chairmen of Policy Review Committees and other main line committees receive an amount equal to 25% of their respective Chairman's allowance with effect from 1 April 2002.
24 AMENDMENTS TO THE CONSTITUTION
The Committee considered the report of the Head of Corporate and Legal Services and Monitoring Officer (Item 8 in the Minute Book) on suggested amendments to the Constitution. They also had before them with the agreement of the Committee, supplementary items, 8(x) and 8(xx) in the Minute Book on further amendments which it was proposed to make to the Constitution.
RESOLVED:
That it be a RECOMMENDATION to the County Council
(i) That Part I, Chapter 4 of the Constitution, paragraph 4.01(c) be amended:
_ By the deletion of the Community Care Plan
_ By the addition of Health Improvement and Modernisation Programmes and New Directions for Social Services
(ii) That Part I, Chapter 13 of the Constitution, paragraph 13.4 "Authenticating Documents" be amended by the addition at the end of the second paragraph of the following sentence
"Any contract over a value of £75,000 which is not under seal must be signed by the Head of Corporate and Legal Services (or any other person authorised by the Head of Corporate and Legal Services) and one other person also authorised to do so by the Head of Corporate and Legal Services".
(iii) That Part I, Chapter 10 of the Constitution, relating to statutory joint committees, be amended by the addition of the Regional Gymnastics Centre JMC, reporting to the Executive Member for Recreation and Heritage.
(iv) That Part I, Chapter 10 of the Constitution, Highway Management Advisory Panels be revised by the addition of the words "together with the Executive Member for Environment" after the words "to be the County Council's representatives".
25 STANDARDS COMMITTEE CONFERENCE - CONFIDENCE IN LOCAL DEMOCRACY
The Committee confirmed that the action of the Chief Executive in authorising the attendance of the Chairman and the Head of Corporate and Legal Services and Monitoring Officer at this conference, held in Birmingham on 20 May 2002. The Chairman reported briefly on salient issues which had arisen at the conference. It was clear that the Standards Board for England were still feeling their way as to how they would be discharging their responsibilities. He hoped there would be other events in the future which more members of the Standards Committee might attend.
5JM75702