Agenda and minutes

No declaration of interest received.

To confirm the minutes of the meeting held on 12 June, 2013.

(ENCLOSURE ‘A’)

The minutes of the meeting held on 12 June, 2013 were confirmed.

3A  A report by the Customer Care Officer in the form of an up-dated matrix for County Councillors.    For information and any questions.

(ENCLOSURE ‘B’)

3B  A report by the Customer Care Officer in the form of an up-date matrix for Town and Community Councils.  For information and any questions.

(ENCLOSURE ‘C’)

3A  Submitted, for information  – a report  by the Customer Care Officer in the form of an updated matrix for County Councillors.

RESOLVED  to note the report for information.

ACTION : An update on any further developments from the Customer Care Officer at the next Standards Committee.

3B  Submitted, for information  – a report  by the Customer Care Officer in the form of an update matrix for Town  and Community Councillors.

RESOLVED  to note the report for information.

ACTION : An update on any further developments from the Customer Care Officer at the next Standards Committee.

A report by the Customer Care Officer for information.

(ENCLOSURE ‘CH’)

Submitted and noted – the findings  of the Adjudication Panel for Wales from  1st April, 2011 to 29th August, 2013.

RESOLVED  to note the report.

ACTION : An update or any further developments from the Customer Care Officer at the next Standards Committee.

To receive a report by the Customer Care Officer and to decide what, if any, further action may be required.

(ENCLOSURE ‘D’)

Submitted – a report by the Customer Care Officer in relation to the above.

The Customer Care Officer stated that 3 County Councillors  are still to update their pre-registration  of interests.  Numerous  requests had been made to request them to complete the pre-registration  of interest document.

RESOLVED  to note the report.

ACTION :

•  That a letter be sent to the 3 County Councillors, from the Chair of the Standards Committee, requesting them to update their pre-registration of interests within 7 days of the date of the correspondence;

•  A copy of the correspondence  be forwarded to the Group Leader of the Political Groups the elected Members are affiliated to ;

•  The elected Members be summoned to appear before the Standards Committee if they fail to comply with the request;

•  An update on any further developments from the Customer Care Officer at the next Standards Committee.

To receive a report by the Customer Care Officer and to decide what, if any, further action may be required.

(ENCLOSURE ‘DD’)

Submitted – a report by the Customer Care Officer in relation to the above.

The Customer Care Officer stated that all Town/Community  Councils but one have  responded  in respect of the Code of Conduct and Undertakings.

RESOLVED  to note the report.

ACTION :

•  To receive an update by the Customer  Care Officer at the next Standards Committee.

To receive a report from the Customer Care Officer regarding take up for training on the 23 September, 2013 and the 26 September, 2013 and to decide what, if any, further action is required.

(ENCLOSURE ‘E’)

Submitted – a report by the Customer Care Officer in relation to the above.

The Customer Care Officer stated that 34 out of 40 Town/Community  Councils have  responded with 64 Councillors attending suitable sessions on the Code of Conduct.

The Chair stated that he and the Vice-Chair together with Mrs. Dilys Shaw intend to attend the Training Sessions.  Mr. Wilson stated that they would emphasise the need for Town/Community Councillors to attend training on the Code of Conduct and to cascade that training within their Community  Councils.

The Head of Function (Legal  & Administration)/Monitoring  Officer stated that a letter can be sent to all the Town/Community  Councillors personally  rather than through the Clerk of the Town/Community   Councils.

RESOLVED  to note the report.

ACTION : Following the Training Session  to be held at the end of this month, a letter is sent to each individual Town/Community Councillor, from those  which do not send representation, expressing the importance of attending training on the Code of Conduct.

To receive a report from the Deputy Monitoring Officer/Senior Solicitor (Planning) for recommendation to the Executive/Council.

(ENCLOSURE ‘F’)

Submitted – a report by the Deputy Monitoring Officer/Senior Solicitor (Planning) for recommendation to the Executive/Council.

The Deputy Monitoring Officer/Senior Solicitor (Planning) stated that the recommended changes to the Constitution are as follows :-

Planning Procedure Rules (the Rules) :

Change 1 (paragraph  3.5.3.15.5) – That, in future, departure  applications made by Councillors, relevant  Officers  or their close family or friends  may, rather than being referred  to the Planning Committee (the Committee) as at present, be refused by Planning Officers  under delegation and   then be subject to a full report to the next Committee meeting.  Where Officers  want to approve  such a departure  application then it could only be approved  by the Committee;

Change 2 (section 4.6) – The Rules be amended to reflect the legal position and to take account of Section 25 of the Localism Act 2011.   That Members  of the Committee are allowed to express an opinion on the merits of an application even  before  it comes to the Committee for a decision  provided  the opinion they express is a predisposition and not a predetermination.   This would include allowing Members of the Committee who are also Members of a Town/Community Councils to participate in a planning matter at meetings of their Town/Community Council.

RESOLVED  to accept the report and recommendations contained therein.

ACTION : That the report of the Deputy Monitoring Officer/Senior Solicitor (Planning) be submitted to the Executive/Council in due course.

To receive a report from the Monitoring Officer and to decide on a consultation response.

(ENCLOSURE ‘FF’)

Submitted – report by the Head of Function (Legal & Administration)/ Monitoring Officer in relation to the above.

The Head of Function (Legal & Administration)/Monitoring Officer stated that the Independent Remuneration Panel for Wales publish an Annual Report.  This year they have been visiting Local Authorities together with Town/Community Councils to obtain views regarding IRP reports and what allowance is permitted.  In the context of Co-opted Members of Local Authorities the IRP have now issued a Draft Supplementary Report on payments, by way of consultation.  Correspondence was received dated 1st August, 2013 from IRP which listed the 4 matters which require the views  of Local Authorities before they produce a final Supplementary  Report.

•  (1)  Reasonable time for pre-meeting  preparation  is eligible to be included in claims made by co-opted members in the extent of which can be determined by the appropriate  Officer in advance of the meeting;

The Head of Function (Legal & Administration)/Monitoring  Officer stated that Co-opted  Members will now be eligible to claim for pre-meeting  preparation,  such preparation  to be determined  by an appropriate  Officer (Monitoring  Officer) in advance  of the meeting.   A reasonable time estimate will need to be calculated before papers are sent out to Co-opted Members in respect of preparation/reading of the documentation.

Members of the Committee agreed that the Chair and Vice-Chair should meet with the Monitoring Officer to decide the reasonable  time required to prepare  for a meeting as documentation for some meetings can be extensive particularly Hearings  can take longer to prepare for discussion.

RESOLVED  to agree in principle to (1) noted above and that further negotiations take place centrally in respect of agreeing standard preparation time for meetings.

•  (2) Travelling  time to and from the place of the meeting can be included in the claims for payments  made by Co-opted  Members (up to the maximum  of the daily rate);

•  (3) The appropriate Officer within the authority can determine in advance whether a meeting is programmed for a full day and the fee will be paid on the basis of this determination even if the meeting finishes before four hours has elapsed;

•  (4) Meetings  eligible for the payment of fee include other Committees and Work ing Groups (including Task and Finish Groups) or any other formal meeting to which Co-opted Members  are requested to attend. (Pre-meetings  with Officers, Training and attendance at Conferences  are already  eligible for payment).

RESOLVED  to agree to (2), (3) and (4) as noted above.

The Head of Function (Legal & Administration)/Monitoring Officer further referred  to the IRP recommendation  that Local Authorities should consider a maximum number of occasions when payments may be made to co-opted Members every  year.    The Officer recommended that a review takes place in February/March.

Members of the Committee agreed that a review should be undertaken by the Monitoring Officer (based on actuals) and to request her to make recommendations in due course to suit the circumstances of this Authority.

RESOLVED to accept the report.

ACTION :

•  That the recommendations of  ...  view the full minutes text for item 9.

To receive a report from the Monitoring Officer, for information.

(ENCLOSURE ‘G’)

Submitted, for information – a report by the Head of Function (Legal & Administration)/Monitoring Officer in relation to the above.

It was reported that the Standards Committee at its meeting held on 25th July, 2012 agreed on a consultation response to the Welsh Government’s White Paper on Promoting Local Democracy.  It was noted that the Local Government (Democracy) (Wales) Act 2013 has now received  Royal Assent.

The Head of Service (Legal & Administration)/Monitoring  Officer highlighted Part 5 of the documentation to the Committee which refers  to matters specifically within the remit of the Standards  Committee :-

55  Community Council  websites

58  Registers of Members’ interests

59  Remote attendance at meetings of principal councils 68 Joint Standards  Committees

69  Referral  of cases relating to conduct

RESOLVED  to note the report.

ACTION : None

To receive a report from the Monitoring Officer and to decide on whether or not to grant a generic dispensation to all County Councillors.

(ENCLOSURE ‘NG’

Submitted – a report by the Monitoring Officer in respect of whether or not to grant a generic dispensation to all County Councillors.

The Monitoring Officer gave an in depth report on the process of dispensation to the Committee and highlighted that the Standards Committee has discretion on whether or not to grant the dispensation sought and to impose any restrictions or limitations as appropriate to the circumstances of the application.

RESOLVED that dispensation be granted by the Standards Committee as follows :-

•  Should the need arise, all current Members of the County Council are hereby granted dispensation  to attend before the Indemnities Sub-Committee (or its successor,  if any) to present any application they wish the Sub-Committee  to consider in accordance with the Policy and Procedure for Indemnities.

•  This dispensation  is granted under Standards Committee (Grant of Dispensation) (Wales) Regulations 2001  2.(d) and 2.(f).

•  Any Member exercising this right shall be entitled to present their application and answer questions, but any deliberations by the Sub-Committee shall take place in private.

•  This dispensation  shall not prejudice the right of any Member to request that their application be considered on the papers alone, or their right to be represented by a legal advisor.

•  This dispensation  shall, if required, also extend to any consideration by the Standards Committee in accordance with their powers under the Local Authority’s (Indemnities for Members and Officers)  (Wales) Order 2006  when any Member shall be entitled to put their case in person to the Standards Committee, before the Committee retires to private session  to consider the exercise of its statutory  powers.

•  This dispensation  shall endure for all those who are Members during the term of this Council for the remaining term of this Council.

To consider the following :-

“Under Section 100(A)(4) of the Local Government Act 1972, to exclude the press and public from the meeting for the following item(s) on the grounds that it may involve the likely disclosure of exempt information as defined in Paragraph 12, Part 1 of Schedule 12A of the said Act and the attached Public Interest Test.”

RESOLVED to adopt the following:-

“Under Section 100(A)(4)  of the Local Government   Act 1972, to exclude the press and public from the meeting for the following  item(s) on the grounds  that it may involve  the likely disclosure of exempt information  as defined in Paragraph  12, Part 1 of Schedule 12A of the said Act and the attached Public Interest Tests”.

To receive a report, for information, from the Customer Care Officer.

(ENCLOSURE ‘H’)

Submitted and noted – for information the outcome of investigation  by the Public Services Ombudsman for Wales in relation to a complaint against a County Councillor.

ACTION : None

To receive a report, for information, from the Customer Care Officer.

(ENCLOSURE ‘I’)

Submitted and noted – for information  the outcome of investigation  by the Public Services Ombudsman for Wales in relation to a complaint against a Community Councillor.

ACTION : None

To receive a verbal report by the Chair of the Standards Committee and to identify any standards issues for the next Group Leader’s meeting.

The Chair gave a brief report on meetings had has attended with the Group Leaders.

He stated that arrangements are now in place that as Chair he would be meeting the Group Leaders 4 time a year.

RESOLVED to note the report.

ACTION : None