Archived decisions
AT A MEETING of the HAMPSHIRE FIRE AND RESCUE AUTHORITY STANDARDS COMMITTEE held at The Castle, Winchester on 28 September, 2004.
PRESENT:
Councillors: M.J. Woodhall (Chairman); P. Galton; P.A. Heath; J. Stocks.
Independent Member: Mrs. W. Allen.
26 APOLOGIES
Apologies for absence were received from Ms. S. Roberts.
27 DECLARATIONS OF INTEREST
All Members declared an interest in the item concerning the Independent Remuneration Panel's proposals on various Special Responsibility Allowances in relation to the Scheme of Members' Allowances (Minute 31 refers), but were advised by the Clerk that they need not treat this as a prejudicial interest and therefore could speak and vote during the course of the debate in the normal way.
28 MINUTES
The Minutes of the meeting of the Committee held on 19 March, 2004 were confirmed as a correct record and signed by the Chairman.
Arising thereon:
Third Annual Assembly of Standards Committees 13-14 September, 2004, Birmingham (Minute 26)
The Committee heard from the Chairman, Councillor J. Stocks and the Clerk about their attendance at this year's Assembly and noted that it had been a most worthwhile event with helpful workshop sessions and good key speakers.
The Clerk reported his intention to organise a Standards Committee Seminar next year at The Castle, Winchester. Appropriate County Council, Fire and Police Members, would be invited. Its purpose was to bring Members up to date on relevant Standards Board developments and issues. He noted a suggestion that the Seminar might usefully include several case studies of both good and bad practices.
29 CHAIRMAN'S COMMUNICATIONS
There were no Chairman's Communications.
30 DEPUTATIONS
31 HFRA MEMBERS' ALLOWANCE SCHEME - SPECIAL RESPONSIBILITY ALLOWANCE MATTERS
The Committee considered the outcome of the Independent Remuneration Panel's meeting held on 10 September, 2004, together with the covering report of the Clerk (Items 6(i) and 6(ii) in the Minute Book) about possible additions to the HFRA Members' Allowance Scheme.
The Clerk highlighted the need to consider the start date for the proposed new special responsibility allowances. In the case of the Chairman and Vice-Chairman of the Governance Committee, the 25 October, 2004 was suggested as this was to be the date of the first meeting of the new Committee. With regard to the new member appointment for better communication and liaison, the 15 September, 2004 was proposed as this had been the date of the Fire Authority meeting at which the Chairman had announced the new appointment involving Councillor R. Baulk.
The Committee fully supported without debate the recommendations of the Independent Remuneration Panel on the various new allowances and agreed the proposed start dates.
RESOLVED:
That it be a RECOMMENDATION to the Authority:
(i) Special Responsibility Allowance for Chairman and Vice-Chairman of Governance Committee
In line with the Panel's view, the Committee agreed that the responsibility mirrored that of the Standards Committee and recommend the same allowances as for the Chairman and Vice-Chairman of the Standards Committee namely,
£
Chairman of Governance Committee 3,085 per annum *
Vice-Chairman of Governance Committee 770 per annum *
* effective from 25 October, 2004,
(ii) Special Responsibility Allowance for a Proposed New Member Appointment with Responsibility for Communication Liaison
In line with the Panel's view, the Committee recommend a special responsibility allowance for the position not exceeding £925 per annum effective from 15 September, 2004.
(iii) Not to pay a Special Responsibility Allowance to HFRA Members involved in Disciplinary/Grievance Hearings
The Committee noted that the Panel had endorsed its earlier views and those of the Fire Authority not to pay a special responsibility allowance to Members involved in Disciplinary/Grievance hearings.
(iv) Confirmation Or Otherwise that next year's allowances be uplifted in accordance with current arrangements
In line with the Panel's view, the Committee recommend that next year's allowances be uplifted in accordance with current arrangements by reference to the pay settlement for Fire and Rescue Service non uniformed staff.
32 FRAMEWORK GOVERNING THE POLITICAL ACTIVITIES OF LOCAL GOVERNMENT EMPLOYEES
The Committee considered the report of the Clerk (Item 7 in the Minute Book) setting out a draft response to the proposals contained within the ODPM Consultation Paper about the framework governing the political activities of local government employees. They noted that the paper referred to restrictions on employees' political activities generally, the role of the independent adjudicator, political assistants and employees as elected members.
The Committee fully supported the draft response suggested by the Clerk in the report. Also, they asked him to convey their discussion at the meeting in relation to consistency of provisions.
RESOLVED:
(i) That the Committee endorses the comments made in the report on the Consultation Paper received from the Office Of The Deputy Prime Minister concerning the regulatory framework governing the political activities of local government employees and asks the Clerk to submit these, together with an additional commentary concerning their views on the importance and need for consistency of provisions across all areas of Local Government and all political parties.
(ii) That a copy of the Clerk's response be circulated to the Committee.
33 PROPOSED CODE OF CONDUCT FOR LOCAL GOVERNMENT EMPLOYEES
The Committee considered the report of the Clerk (Item 8 in the Minute Book) setting out a draft response to the proposals contained within the ODPM Consultation Paper on Code of Conduct for Local Government Employees.
Members noted that the proposed Code covered ten individual clauses and each of these were considered at the meeting, together with the Clerk's suggested response.
The Committee supported the Clerk's commentary on clauses (i), (ii), (iii), (iv), (viii) and (ix). They also agreed the Clerk's suggested amendments to clauses (vii) and (x) as set out in the report.
There followed a detailed discussion on the remaining clauses (v) and (vi).
Clause (v)
Members were unhappy with the ODPM's draft wording on this clause and sought to agree an alternative form of words. As Members were unable to all agree on what would be appropriate, the Clerk suggested that they might wish to mirror a similar clause which appeared in the Code of Conduct applying to Members. The Committee supported this and agreed the proposed new wording as read out by the Clerk:-
"An employee shall not in his official capacity do anything which brings his position or that of the Authority into disrepute and shall not use his position improperly to confer an advantage or disadvantage on himself or any other person".
Clause (vi)
The Committee sought to apply an appropriate salary at which this clause on registration of interests might apply for an employee and there was a view that those employees with certain budgetary responsibilities should also be included where appropriate. However, the Committee concluded that the way forward was to leave the clause as presently drafted and for the Clerk to notify the ODPM and that the existing commentary on clause (vi) would not be applicable provided that the Code in this regard would allow full discretion to the Authority to determine how and to what extent these requirements will be imposed. Accordingly, it was
RESOLVED:
(i) That the Committee endorses the comments on clauses (i), (ii), (iii), (iv), (viii) and (ix) and the amended clauses on (vii) and (x) as already set out in the report on the Consultation Paper received from the Office Of The Deputy Prime Minister concerning the regulatory framework governing the political activities of local government employees.
(ii) That clause (v) be revised based on wording taken from the Code of Conduct applying to Members on the lines of "An employee shall not in his official capacity do anything which brings his position or that of the Authority into disrepute and shall not use his position improperly to confer an advantage or disadvantage on himself or other person".
(iii) That clause (vi) remain as presently drafted but that the Clerk convey by way of letter those comments made by Members at the meeting.
(iv) That, subject to resolutions (i), (ii) and (iii) above, the Clerk submit the Authority's response on this draft Consultation Paper.
(v) That a copy of the Clerk's response be circulated to the Committee.
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