Archived decisions

                      ITEM 2

AT A MEETING of the STANDARDS COMMITTEE of the HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on 22 October, 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); W.H. Wheeler.

Independent Member : Mr. J. Chester

Also in attendance: Councillor J.K. West

26 DECLARATIONS OF INTEREST

Councillors Mrs. Glasspool, Kendal, Pierce and Wheeler declared an interest in the Members' allowances referred to in the Minutes. The Head of Corporate and Legal Services and Monitoring Officer confirmed that a dispensation applied in these circumstances.

27 MINUTES

The Minutes of the meeting of the Committee held on 15 July 2002 were confirmed as a correct record and signed by the Chairman.

Arising thereon:

Minute 23, Councillors Allowances

The Head of Corporate and Legal Services reported on developments since the last meeting. The Committee's recommendations had been adopted by the County Council in July 2002, and in September 2002 the County Council had agreed an alternative approach to the question of the special responsibility allowances for the opposition spokesmen on the Hampshire Fire and Rescue Service (Minute 23(ii)(g) refers). He reported on discussions with the District Auditor and the Local Government Association. If there were any further developments, they would be reported to the Committee and to the County Council.

28 CHAIRMAN'S COMMUNICATIONS

The Chairman reported that the Standards Board for England was arranging the next National Conference for Standards Committee Members, to be held in Birmingham on 9/10 June 2002. Members were asked to indicate their availability on these dates so that a decision could be taken by the Committee as to how many should attend.

29 ANNUAL REPORT ON COMPLAINTS MONITORING AND OMBUDSMAN'S ANNUAL REPORT 2001/2002

The Committee considered the report of the Head of Corporate and Legal Services and Monitoring Officer ((Item 5 in the Minute Book). Reference was made to the recently published fact sheets nos 4 and 5; Members noted that complaints could facilitate improvements to services. Many complaints, both those dealt with by the County Council and those referred to the Ombudsman, reflected dissatisfaction with the decision reached not with the procedure. Numbers of complaints to the Ombudsman had risen, but the increase was in line with National trends and also with those in counties like Kent and Essex which had a similar socio-economic background to Hampshire.

RESOLVED:

That the Committee notes with satisfaction the small number of complaints compared with the size, range and complexity of the County Council's functions and that in 2001/02 the Local Government Ombudsman discontinued investigation of all complaints against the County Council and that in the one case where a report of investigation was published, it recorded that the County Council had satisfactorily settled the complaint.

30 PROCEDURE FOR LOCAL INVESTIGATION AND DETERMINATION OF COMPLAINTS OF MISCONDUCT BY COUNCILLORS

The Committee considered a report of the Head of Corporate and Legal Services and Monitoring Officer (Item 6 in the Minute Book). It was noted that the procedures set out in the annexes represented interim arrangements pending the issue of regulations by the Standards Board for England.

Members felt that Section 4(c) of the proposed procedure should be amended to allow at least 30 clear days (rather than 20) for a Councillor to be sent a copy of the report since Members might need to obtain legal representation and compile a full dossier, setting out their response. It was also felt that the same section should be clarified to the effect that 30 days should run from the date of receipt of an investigating officer's report by the Councillor concerned. Any request for further time would be at the discretion of the Monitoring Officer, who would need to balance the Member's personal situation against any undue delay. With regard to procedure at the meeting, Section 6(b)(viii), the Committee felt that the words "As to whether to uphold the complaint or not" should be added at the end. In general terms, the Committee stressed the importance they attached to full support and protection being given to the investigating officer, to guard against the possibility that his/her relationship with the Councillor complained of might become very difficult.




RESOLVED:

    (i) That the procedures set out in the annexes to the report (Item 6 in the Minute Book) be adopted as the County Council's procedure for local investigation and determination of allegations of misconduct by Members of the County Council, subject to:

    Section 4(c) being amended to read:

    "At least 30 clear days before the date of the meeting of the Standards Committee, the Investigating Officer shall ensure that a copy of his/her report is received by the Councillor."

    Section 6(b)(viii) be amended by the addition of the words, "As to whether to uphold the complaint or not" to be added at the end."

    Add a new clause 4(g) as follows:-

    "The Monitoring Officer may, in his/her absolute discretion, agree to a request by the Councillor against whom a complaint is made to postpone the date of the meeting of the Standards Committee. If the Monitoring Officer agrees to such a request he/she shall, as soon as practicable, notify all parties involved of the re-scheduled date for the meeting of the Standards Committee."

    (ii) That the Head of Corporate and Legal Services and Monitoring Officer be given authority to make detailed wording changes to reflect requirements in Regulations and Guidance.

31 PROCEDURAL ISSUES

The Committee considered the report of the Head of Corporate and Legal Services and Monitoring Officer (Item 7 in the Minute Book) on declarations of interest; access to information; notice of questions, and returns of Members' attendance at outside body meetings.

Members debated the possible conflict of interest between discussions at Policy Review Committees (particularly Environment) and subsequent planning decisions to be taken by the Regulatory Committee where the same members were appointed to serve on both committees. Particular problems arose where there were specific issues which meant that members could be perceived as having made up their minds before considering all the evidence at Regulatory Committee if they had previously discussed the matter at an earlier Policy Review Committee. The provisions of the planning probity code of practice and the ombudsman's approach in such circumstances were explained in detail to the Committee.

Members underlined the importance of ensuring that, if they had taken a firm view for or against a particular development proposal prior to the Regulatory Committee meeting, they should then absent themselves from the Regulatory Committee when it took the decision on the planning application. The Committee requested the Monitoring Officer to write to all members of Regulatory Committee to advise them on the most appropriate approach should they be faced with this conflict of interest at an earlier Policy Review Committee.

RESOLVED:

      (i) That no change be made to the current membership of Policy Review Committees and the Regulatory Committee, but that the Monitoring Officer draw the attention of all Members of Regulatory Committee to the need to avoid any conflict of interest that might arise due to their consideration of site-specific planning matters at both Policy Review Committees and Regulatory Committee.

      (ii) That it be a RECOMMENDATION to the County Council:

      That Standing Order 11(b) be amended by the substitution of "five" for "six" in line 3 and that a further sentence be added at the end of paragraph 11(b) as follows:

      "For the avoidance of doubt "clear days" shall be calculated so as to exclude weekends and bank holidays."

      (iii) That no change be made regarding the deadline for submission of questions under Standing Order 20(b)(i), (d) and (e).

      (iv) That the arrangements for monitoring Members' attendances at meetings of outside bodies to which they have been appointed by the County Council be discontinued forthwith.

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