Agenda and minutes

Apologies for absence had been received from Councillor D Ruff and Parish Council Representative D Skinner.

Members are requested to declare the existence and nature of any disclosable pecuniary interests and/or other interests, not already on their register of interests, in any item in the agenda and withdraw from the meeting at the appropriate time.

Members were requested to declare the existence and nature of any disclosable pecuniary interests and/or other interests, not already on their register of interests, in any item on the agenda and withdraw from the meeting at the appropriate time.

There were no interests declared at this meeting.

To approve as a correct record and the Chair to sign the Minutes of the Standards Committee held on 9 December 2020. 

RESOLVED – That the Minutes of the Standards Committee held on 9 December 2020 be approved as a correct record and signed by the Chair.

Report of the Joint Head of Corporate Governance & Monitoring Officer

The Governance Manager presented a report which updated Members on the use of the Joint Whistleblowing Policy.

RESOLVED – That the report be noted.

Report of the Joint Head of Corporate Governance & Monitoring Officer

The Governance Manager presented a report which briefed the Standards Committee on the necessity for calling an Independent Remuneration Panel to consider Members’ allowances.

RESOLVED – That the necessity to call an Independent Remuneration Panel be noted.

Report of the Joint Head of Corporate Governance & Monitoring Officer

The Head of Corporate Governance and Monitoring Officer presented Members with the Local Government Association (LGA) Model Mode of Conduct.

The Committee was asked to discuss the Model Code of Conduct and suggest any changes. It was stated that those changes would be incorporated into the Draft Members Code of Conduct which would be presented to Standards Committee at its meeting on 26 April. If approved, it would subsequently be recommended for adoption at Annual Council.

Members had a wide ranging discussion on the proposed Model Code of Conduct which included Member training; the Member induction scheme; respect and political debate; the equalities act; data protection; and gifts and hospitality.

There was a consensus that any training provided to Parish Councils should be free of charge. Members also discussed confidentiality and access to information.

RESOLVED – That the Monitoring Officer provide a draft North East Derbyshire District Council Model Code of Conduct to the Standards Committee on 26 April.

Report of the Joint Head of Corporate Governance & Monitoring Officer

The Governance Manager presented the Committee with a proposed draft code of practice for the application of the 6 month rule, notification processes, and other means by which a Member could vacate public office.

The Committee agreed that there was a need for a code of practice in relation to the 6 month rule. Concerns were raised in regards to the potential for Members to not attend due to ill health, and if they were incapacitated they would be unable to contact the Monitoring Officer to request a dispensation. Members agreed that someone should be able to write to the Monitoring Officer to request a dispensation on the Members’ behalf.

There was a consensus that there should be some form of notification process to Councillors if they had not attended for several months. The Monitoring Officer reminded the Committee that the legislation surrounding the 6 month rule made clear that the responsibility to attend Council meetings was with Members.

It was clarified that the 6 month rule did not apply to co-opted Members, and this clarification would be included in the proposed code of practice.

RESOLVED – That the Standards Committee approve the proposed Code of Practice for vacating office as amended in the meeting.

Report of the Joint Head of Corporate Governance & Monitoring Officer

Members were presented with a proposed code of practice for audio/visual footage at meetings.

The Committee discussed the removal of footage from the Council’s website if it was deemed to be offensive to the public. Members noted that Youtube reserved the right to remove potentially offensive footage themselves.

It was agreed that there should be a clear criteria for the removal of footage, and that there should be some form of protocol when considering confidential information at home.

RESOLVED – That the proposed code of practice for audio and visual meetings be approved.

(a)            Contract Procedure Rules (RFQs)

(b)            Extraordinary Council Meetings

(c)            Delegations to EH Officers

(d)            Section 85 Delegation

(e)            JCG Terms of Reference

(f)              Constitution Delegation

The Governance Manager presented a report which allowed the Committee to consider the list of areas for review within the Council’s Constitution prior to submission as part of the Annual Review of the Constitution to Council for adoption.

The Committee considered a number of changes to the Council’s Constitution including amendments to Contract Procedure Rules, Monitoring Officer Delegations, and the Council Joint Consultative Group Terms of Reference.

The Committee also received clarity on the delegation given to the Monitoring Officer to temporarily approve dispensations under the Section 85 Rule.

RESOLVED – That the Committee support the submission of the proposals to Council as part of the Constitution Review.

The Monitoring Officer informed the Committee that there were six outstanding complaints. Five were from 2020 and one was from 2021.

RESOLVED – That the update be noted.

AGREED – That the Work Programme be noted.

To consider any other matter which the Chair is of the opinion should be considered as a matter of urgency.

The Chair informed the Committee that the date of next meeting would take place on Wednesday 21 April at 3.00 pm.