Agenda and minutes

Virtual Meeting in Public, Standards Committee - Tuesday 27 October 2020 6.30 pm

Contact: Philippa Gibbs  020 84617638

Items
No. Item

1.

APOLOGIES FOR ABSENCE

Minutes:

There were no apologies for absence.

2.

DECLARATIONS OF INTEREST

Minutes:

Councillor Melanie Stevens declared that she was named in Appendix 4 of the Monitoring Officer’s Report.

3.

MINUTES OF THE MEETING HELD ON 12 MARCH 2020 pdf icon PDF 208 KB

Minutes:

The minutes of the meeting held on 12th March 2020, were agreed and signed as a correct record.

 

Matters Arising from the Minutes:

 

In relation to the meeting with the Group Leader’s, the Chairman confirmed that as there were no urgent issues to discuss with the Group Leaders the session would be carried over to the next meeting (on 2nd March 2021) when it was hoped that an ‘in person’, rather than a virtual, meeting could be facilitated.

 

Concerning the review of the Governance Statements, the Committee noted that Co-opted Members with voting rights were required to sign the Code of Conduct meaning that they were bound by rules of confidentiality.  In addition, the Council’s Constitution set out rules and protocols for Co-opted Members and these stressed the need to maintain confidentiality and avoid conflicts of interest.  The Monitoring Officer suggested that it may be helpful to refresh the protocols and it was agreed that an item on this would be included in the agenda for the next meeting.

 

Members noted that the Planning Protocol had been adopted by Full Council in July 2020 and was now included in the Council’s Constitution.  In respect of training on planning matters, the Monitoring Officer confirmed that he worked closely with the Assistant Director for Planning to deliver training which was well attended by Members.  The Member induction programme following the 2022 local elections would also include training on planning matters.

 

The Committee considered whether it would be helpful for the Standards Committee to have a broad overview if any training attended by Members.  It was agreed that it may be helpful to review this issue at a future meeting.

 

4.

QUESTIONS

In accordance with the Council’s Constitution, questions that are not specific to reports on the agenda must have been received in writing 10 working days before the date of the meeting. 

 

Questions specifically on reports on the agenda should be received within two working days of the normal publication date of the agenda.  Please ensure that questions specifically on reports on the agenda are received by the Democratic Services Team by 5pm on Wednesday 21st October 2020.

Minutes:

No questions had been received.

5.

MONITORING OFFICER'S GENERAL REPORT pdf icon PDF 308 KB

Additional documents:

Minutes:

Report CSD20102

 

The report updated the Committee on a number of standards issues.

 

Revised Code of Conduct

 

It was noted that the revised Code of Conduct had been adopted by Full Council on 12th October 2020.

 

Response to Committee on Standards in Public Life

 

In reviewing the best practice recommendations that had been made by the Committee on Standards in Public Life, Members noted that LB Bromley had gone a long way in complying with the recommendations that had been made.

 

It was agreed that Members of the Standards Committee would feedback any comments on the Monitoring Officer’s proposed response by Tuesday 3rd November 2020.

 

Members noted that the response to the Committee on Standards in Public Life was separate to the LGA Consultation on a draft Code of Conduct.

 

Local Government Association (LGA) Draft Code of Conduct Consultation

 

The Committee noted that whilst LB Bromley was not a Member of the LGA, from time-to time the LGA, at the request of the Government, took forward initiatives which impacted on Local Government as a whole.  This was one such initiative and on that basis, Bromley was entitled to contribute toward the LGA draft code as the LGA were taking representations from local authorities irrespective of whether they were members.

 

Council Complaints Process

 

The Committee noted that there were two stages to the complaints handling process – 1. An initial filtering process and, 2.  A full investigation.  Effectively what happened was when a complaint was received it would be considered by Officers at face value, comments would be obtained from the relevant member and a view would be taken on whether firstly, the Code was engaged (i.e. determining - using the public interest test – whether the Member was acting in an official capacity), and secondly whether there was the potential, following an investigation, for a finding that the Member may have breached of the Code of Conduct.  It was noted that if the Member was not acting in an official capacity the complaint would fall immediately.  Since March 2020, one of the Independent Persons had been engaged at the filtering stage to seek a view.  The Independent Person became involved at the point at which the response had been drafted.  The Independent Person provided feedback on the substance of the complaint and the response prior to it being forwarded to the complainant and the subject member.  It was important that only one Independent Person was engaged at the filtering stage as if a matter was recommended for investigation by the Standards Committee there was an obligation to again consult with an Independent Person on any sanction or remedy taken.  To date, the threshold for complaints had not been passed in the filtering exercises that had been undertaken.  Experience had demonstrated that both the complainant and the subject member provided a reasonable amount of information at the filtering stage.  The key point was that the investigation stage involved the formal review of documentation and  ...  view the full minutes text for item 5.

6.

LOCAL GOVERNMENT ACT 1972 AS SUBSEQUENTLY AMENDED

The Chairman to move that the Press and public be excluded during consideration of the items of business listed below as 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 confidential information.

Minutes:

RESOLVED that the Press and public be excluded during consideration of the items of business referred to below as 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.

 

The following summaries

refer to matters involving exempt information

 

 

7.

MONITORING OFFICER'S GENERAL REPORT - PART 2 APPENDIX

Minutes:

The Committee noted the Part 2 appendix.