AT A MEETING of the HAMPSHIRE FIRE AND RESCUE AUTHORITY - STANDARDS COMMITTEE held at The Castle, Winchester on 21 January, 2003

PRESENT:

Councillor: M.J. Woodhall (Chairman); M. Gausden; P. Luffman; J. Stocks.

Independent Member : Ms. S. Roberts.

8 APOLOGIES

Apologies for absence were received from Councillor Heath.

9 MINUTES

The Minutes of the meeting held on 10 September, 2002 were confirmed as a correct record and signed by the Chairman.

10 PROPOSED PROTOCOL FOR MEMBER/OFFICER RELATIONS

The Committee considered the report of the Clerk (Item 3 in the Minute Book) concerning the District Auditor's Annual Audit Letter discussed at the last Fire Authority meeting. The Audit Letter suggested that existing satisfactory frameworks could be strengthened through the adoption of several additional initiatives. These initiatives included the development of a protocol for member/officer relations. The purpose of this protocol is to act as a guide for members and officers of the authority in their relations with one another in such a way as to ensure the smooth running of the authority.

The Clerk summarised the main proposals which were commented upon by members. The Committee were in full agreement that even though current practice and convention were of an excellent standard it would be beneficial to all parties to have a written statement.

It was felt that each member of the Fire Authority should receive their own copy of the protocol in due course and should any further comments or amendments to the approved document be requested they should be brought to a future meeting of the Standards Committee for consideration.

RESOLVED:

(a) That the Authority adopts from 1 February, 2003 the protocol on member/officer relations.


(b) That the Clerk to the Authority send a copy of the protocol for member/officer relations to all members of the Authority and to the Chief Fire Officer for dissemination to staff.

11 RULES RELATING TO CHANGES IN HFRA AND COMMITTEE MEMBERSHIP

The Committee considered the report of the Clerk (Item 4 in the Minute Book) concerning a request by Councillor Cartwright on the rules relating to changes in HFRA and committee membership.

The Clerk confirmed that the concern raised related to the resignation of one member and therefore the new appointment of another member to the Authority for one meeting of the Authority and one cycle of committees; the appointments then being reversed at the next following meeting. The Committee felt that this generated inconsistency and was not in the best interests of the Fire Authority.

The Committee also considered the need to ensure that meetings of the full Authority, to be quorate, required at least one member from each constituent authority to be present. In exceptional circumstances therefore, it was acknowledged that the general principle endorsed by the Committee would need to be waived otherwise the Authority was faced with the potential of an inquorate meeting.

The Chairman also expressed concern over the cost and resource implications of such manoeuvring in terms of the induction process.

RESOLVED:

That the Clerk to the Authority write to all members expressing the Standards Committee's view that it is not in the best interest of the Fire Authority if substitute members are appointed for a period of less than two cycles of the Authority and that any incidences of this happening should be considered by the Standards Committee with concern.

12 PROCEDURE FOR LOCAL INVESTIGATION AND DETERMINATION OF COMPLAINTS OF MISCONDUCT

The Committee considered the report of the Clerk (Item 5 in the Minute Book) concerning the ongoing Government proposals on procedures for the local investigation and determination of misconduct allegations against Councillors.

The Clerk confirmed that to date regulations had not yet been published but it is likely to occur in the near future. It is also anticipated that the Standards Board for England will also be publishing guidance as to how investigations should be pursued.

Indications to date show that the Standards Board have received a large number of complaints to be dealt with nationally alleging misconduct by Councillors. It is anticipated that once the Regulations are published complaints will be forwarded on to the relevant Authorities for investigation. The Committee were pleased that a firm framework had been established within Hampshire and agreed that the Clerk, as Monitoring Officer, should be permitted to make detailed changes consequent on requirements in the Regulations when published or in guidance subsequently to be issued by the Standards Board.


RESOLVED:

That the proposed procedure be adopted as the Authority's procedure for the local investigation and determination and allegations of misconduct by members of the Authority and that the Clerk as monitoring officer be given the authority to make detailed wording changes to reflect requirements and regulations and in guidance.

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