Agenda and minutes

To consider any appeals in accordance with Procedure Rule 25 of the Access to Information Procedure Rules (in the event of an Appeal the press and public will be excluded)

(*In accordance with Procedure Rule 25, written notice of an appeal must be received by the Chief Democratic Services Officer at least 24 hours before the meeting)

There were no appeals against refusal of inspection of documents in accordance with Procedure Rule 25 of the Access to Information Procedure Rules.

1  To highlight reports or appendices which officers have identified as containing exempt information, and where officers consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons outlined in the report.

2  To consider whether or not to accept the officers recommendation in respect of the above information.

3  If so, to formally pass the following resolution:-

  RESOLVED – That the press and public be excluded from the meeting during consideration of the following parts of the agenda designated as containing exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present there would be disclosure to them of exempt information, as follows:-

  There were no resolutions to exclude the public.

To identify items which have been admitted to the agenda by the Chair for consideration

(The special circumstances shall be specified in the minutes)

There were no late items submitted to the agenda by the Chair for

consideration.

To declare any personal/prejudicial interests for the purpose of Section 81(3) of the Local Government Act 2000 and paragraphs 8 to 12 of the Members’ Code of Conduct

There were no declarations of personal/prejudicial interests for the purpose of section 81(3) of the Local Government Act 2000 and paragraphs 8 to 12 of the Members’ Code of Conduct.

To approve the minutes of the Standards Committee meeting held on 17^th February 2010.

The minutes of the Standards Committee meeting held on 17^th February 2010 were approved as a correct record.

Further to Minute 67, the Committee was informed that a flowchart had been created to explain the local assessment process, as well as a list of frequently asked questions, which would be reviewed by the Whips before being sent to all Members.

Further to Minute 70, the Committee was informed that a briefing note prepared by the Head of Human Resources had been circulated by e-mail on 15^th April 2010.

To note the minutes of the Assessment Sub-Committee meetings held on 1^st February and 23^rd March 2010.

The minutes of the Assessment Sub-Committee meetings held on 1^st February and 23^rd March 2010 were received and noted.

Further to Minute 27, the Monitoring Officer informed the Committee that the purpose and retention of Clerks’ notes would be reviewed in relation to all Committees.

To note the minutes of the Review Sub-Committee meeting held on 26^th February 2010.

The minutes of the Review Sub-Committee meeting held on 26^th February 2010 were received and noted.

To note the minutes of the Consideration Sub-Committee meetings held on 1^st February, 26^th February and 8^th March 2010.

The minutes of the Consideration Sub-Committee meetings held on 1^st February and 26^th February 2010 were received and noted.

(Councillor Selby arrived at 2.10pm during the consideration of this item.)

To note the minutes of the Corporate Governance and Audit Committee meetings held on 10^th February and 17^th March 2010.

The minutes of the Corporate Governance and Audit Committee meetings held on 10^th February and 17^th March 2010 were received and noted.

To receive the Chair’s opening remarks.

As this was the Chair’s last Standards Committee meeting, Councillor Campbell expressed his appreciation on behalf of the Committee for the Chair’s hard work and contribution to the Committee over the last eight years.

The Chair spoke about the Council’s recent success in the ‘Standards and Ethics’ category of the LGC Awards 2010, and the compliments the Council had received from the judging panel. He thanked the members of the Committee, the Leaders of the Council, and the officers that support the Standards Committee. He also welcomed the new Chair. 

To receive a report of the Assistant Chief Executive (Corporate Governance) notifying Members of the Standards Committee that Leeds City Council has been successful in its entry for this year’s LGC Awards 2010 ‘Standards and Ethics’ category.

The Assistant Chief Executive (Corporate Governance) submitted a report notifying members of the Standards Committee that Leeds City Council was successful in its entry for this year’s LGC Awards 2010 ‘Standards and Ethics’ category.

RESOLVED – Members of the Standards Committee resolved to note the report.

To receive a report of the Assistant Chief Executive (Corporate Governance) reviewing the Standards Committee Procedure Rules and making proposals for amendments in light of any issues that have arisen throughout the year.

The Senior Corporate Governance Officer presented a report of the Assistant Chief Executive (Corporate Governance) reviewing the Standards Committee Procedure Rules and making proposals in light of issues that had arisen throughout the year.

The Committee particularly discussed the options that had been suggested in respect of the timescales to be set for the subject Member and the investigator to return the pre-hearing forms.

The Committee discussed the benefits and drawbacks of Option 4 (give the subject Member 10 working days in which to respond with a potential extension of 5 working days, and give the investigator 5 working days to respond). Although this would provide the subject Member with up to 15 days to respond, it may cause difficulties in meeting the statutory deadline of 3 months, by which time the hearing must have been held. The Monitoring Officer explained that this was due to the deadline commencing from the date that the final investigation report is received rather than the date of the Consideration Sub-Committee meeting, and because the pre-hearing process summary must be sent out at least 10 working days prior to the hearing.

Following further discussion, Option 3 (give both parties 5 working days to respond, with a potential extension of 5 days for the subject Member) was agreed. It was also agreed that this decision should be reviewed in 6 month’s time (or earlier if problems arise), and that Sub-Committee meetings should be scheduled on a more regular basis to minimise delays in final investigation reports being considered.

RESOLVED – Members of the Standards Committee resolved to:

(a)  Approve the proposed amendment to Procedure Rule 3.2.5 (regarding the publication of the Consideration Sub-Committee’s decision);

(b)  Approve the proposed amendment to Procedure Rule 4.15.3 (regarding the publication of the Hearings Sub-Committee’s decision);

(c)  Give the parties 5 working days each to return their pre-hearing form (with a potential extension of 5 working days for the subject Member following a reminder, after which a series of assumptions will be made about their response), approve the necessary amendments to Procedure Rules 4.2.3 to 4.2.6, and review this decision in 6 month’s time (or earlier if problems arise);

(d)  Approve the proposed deletion of footnote 64 from Procedure Rule 4.2.9 (regarding the parties being required to notify the Committee Clerk at least 10 days before the hearing in order to make representations on the issue of witnesses);

(e)  Approve the proposed amendment to Procedure Rule 4.3.1 (regarding the contents of the pre-hearing process summary);

(f)  Approve the addition of a new paragraph under Procedure Rule 4.3 to clarify that both parties are responsible for arranging the attendance of their requested witnesses on the day of the hearing;

(g)  Approve the addition of a new paragraph under Procedure Rule 4.3 to clarify the procedure for deciding requests for adjournment made after the date of the hearing has been set and at least five clear days in advance of the Hearings Sub-Committee meeting, with the addition of the relevant timescales;

(h)  ...  view the full minutes text for item 92.

To receive a report of the Assistant Chief Executive (Corporate Governance) seeking to address some outstanding issues and concerns raised by Members of Standards Committee at the meeting on 17^th February 2010 regarding the changes to the Standards Committee Training Programme, and proposing some further amendments to address these issues.

The Senior Corporate Governance Officer presented a report of the Assistant Chief Executive (Corporate Governance) addressing some outstanding issues and concerns raised by members of the Standards Committee at its meeting on 17^th February 2010 regarding the changes to the Standards Committee Training Programme, and proposing some further amendments to address these issues.

The Committee was informed that if the ‘compulsory’ training was not completed, this would only prevent Committee members from sitting on the relevant Sub-Committees, rather than the full Standards Committee. It would a matter for the relevant Group Whip/Leader or Executive Member to decide what action, if any, to take if any Committee members did not attend the ‘highly recommended’ training.

RESOLVED – Members of the Standards Committee resolved to adopt the proposed training programme attached at Appendix 1 to the report, and recommend to General Purposes Committee that the following learning targets are made compulsory:

·  To ensure all independent members of the Committee have the necessary skills to Chair meetings of the Committee (in order to Chair the Standards Committee or any of its Sub-Committees);

·  To ensure all members of the Committee have an understanding of the Code of Conduct (in order to sit on any Sub-Committee);

·  To ensure all members  of the Committee have the necessary skills to assess or review local complaints (in order to sit on the Assessment and Review Sub-Committees); and

·  To ensure all members of the Committee have the necessary skills to conduct a local hearing (in order to sit on the Hearings Sub-Committee).

To receive a report of the Assistant Chief Executive (Corporate Governance) summarising the results of the recent review of the proportionality and effectiveness of the local standards framework carried out by Standards for England.

The Senior Corporate Governance Officer presented a report of the Assistant Chief Executive (Corporate Governance) summarising the results of the recent review  of the proportionality and effectiveness of the local standards framework carried out by Standards for England.

Concerns were raised about the cost of dealing with trivial complaints, and the need to highlight this in Decision Notices was discussed as a step that could be taken now without the need for a change in legislation.

RESOLVED – Members of the Standards Committee resolved to note the contents of the report.

To receive a report of the Assistant Chief Executive (Corporate Governance) seeking comments on the draft Standards Committee Annual Report 2009/10.

The Assistant Chief Executive (Corporate Governance) submitted a report seeking the Committee’s comments on the draft Standards Committee Annual Report 2009/10.

RESOLVED – Members of the Standards Committee resolved to:

(a)  Review the contents of the report and provide the Corporate Governance Officer with any suggestions for amendment by 21^st May 2010;

(b)  Give authority to the Assistant Chief Executive (Corporate Governance), in consultation with the Chair, to approve the final report subject to any suggested amendments;

(c)  Agree to forward the report to the Corporate Governance and Audit Committee to constitute the second of its six monthly update reports; and

(d)  Agree to forward the final report to full Council for consideration.

To receive a report of the Assistant Chief Executive (Corporate Governance) providing summaries of recent decisions made by the First-Tier Tribunal (Local Government Standards in England)  in its role of determining allegations of misconduct.

The Corporate Governance Officer presented a report of the Assistant Chief Executive (Corporate Governance) summarising recent decisions made by the First-Tier Tribunal (Local Government Standards in England).

The Committee noted that a high number of planning related complaints have arisen nationally and locally, and requested that further consideration be given as to whether a Member should be appointed to a Plans Panel that considers applications from their ward.

RESOLVED – Members of the Standards Committee resolved to:

(a)  Note the latest decisions of the First-Tier Tribunal (Local Government Standards in England) case tribunals; and

(b)  Request that an item is added to the Committee’s work programme in relation to whether a Member should be appointed to a Plans Panel that considers applications from their ward.

To receive a report of the Assistant Chief Executive (Corporate Governance) outlining the contents of the draft work programme for the 2010/11 municipal year.

The Assistant Chief Executive (Corporate Governance) submitted a report seeking comments from the Committee regarding the draft work programme for the next municipal year.

RESOLVED – Members of the Standards Committee resolved to note the work programme subject to the inclusion of the item referred to in Minute 96 above.