Agenda item

To consider proposed new arrangements to meet the requirements of the Localism Act 2011including a new Code of Conduct for Members.

24.1         The committee considered the report of the Director of Law and Administration which set out the proposed new arrangements relating to the conduct of members and ancillary matters consequent upon the requirements of the Localism Act 2011.

24.2         The committee was informed that the Localism Act required councils to introduce a code of member conduct consistent with the seven Nolan Principles: Selflessness, Integrity, Objectivity, Accountability, Openness, Honesty, and Leadership.  The Act was non prescriptive in how codes of conduct should be drafted, the only requirement being that they met the stipulation above.

24.3         The Director of Law and Administration explained that one disadvantage of moving away from a nationally prescribed code to self regulation was that ‘dual hatted’ members needed to carefully consider which code they were complying with at the particular meeting in question.

24.4         The committee considered two potential codes of conduct, one based on the Department for Communities and Local Government (DCLG) model, and one based on the Association of Council Secretaries and Solicitors (ACSS) model.

24.5         The committee noted that Gloucestershire’s six district councils in the main had taken a broadly similar approach by adopting the ACSS model with some local amendments.  The committee agreed however that the preferred code of conduct for this Council was the one based on the DCLG model. 

24.6         During consideration of the draft terms of reference for the proposed Audit and Governance Committee, specifically paragraph 8, the committee agreed that “Statement of Internal Control” should be replaced with “Annual Governance Statement”.  The committee therefore:

                 RESOLVED that in paragraph 8, of the terms of reference, “Statement of Internal Control” should be replaced with “Annual Governance Statement”.

24.7         The committee also agreed to include in the terms of reference the right for the Audit and Governance Committee to require officers and members to attend before it.   The committee therefore:

                 RESOLVED that the following note be added at the end of the terms of reference:

                 “The committee has the right to require the attendance of any

                 Council officers or members in order to respond directly to any issue under consideration.”

24.8         During consideration of the draft procedure for dealing with allegations of member misconduct, specifically paragraph 5 of the section on ‘Delegated powers available to the Hearing Panel for sanctioning purposes’ the committee suggested that a time frame should be set for when the member was expected to have undertaken the activities deemed appropriate by the panel.  A report back on the actions taken should then be received by the Audit and Governance Committee as follow-up. 

24.9         In response, the Director of Law and Administration explained that it was the decision of the Hearing Panel, as to what actions it deemed appropriate.  He pointed out that the Panel only had the power to request, it was up to the individual member whether or not they wished to comply with the request.

24.10       The committee was in support of the existing Standards and Audit Committees being abolished, and the functions and responsibilities being discharged by the establishment of a new Audit and Governance Committee.  The committee agreed however that the Audit and Governance Committee should be reviewed in 18 months time to consider any emerging issues from the new way of working.  The committee therefore:

                 RESOLVED that the Audit and Governance Committee should be reviewed in 18 months time to consider any emerging issues from the new way of working.

                 On being put to the vote the committee resolved

                 TO RECOMMEND TO COUNCIL:

(a)     That the Council adopts the draft Code of Conduct based on the Department for Communities and Local Government model, as at Appendix i.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                

(b)      That the Council adopts the draft procedure for investigating and determining allegations of member misconduct as at Appendix iv.

(c)       That the Council agrees that the existing Standards and Audit  Committees be abolished, with their functions and responsibilities being discharged by the establishment of  a new Audit and Governance Committee, the draft terms of reference of which are attached as at Appendix vi.

(d)      That the investigation and determination of allegations of member misconduct be the remit of a newly established Hearings Panel sub-committee of the new Audit and Governance Committee, with a politically balanced membership of five county councillors.

(e)       That the Council appoints the nine members and the Chairman of the Audit and Governance Committee at the meeting of County Council on 21^st November 2012.

(f)        That the Council agrees the principle of appointing a pool of three Independent Persons to consult on allegations of member misconduct.