Agenda item - Monitoring Officer's Report

Agenda item

Monitoring Officer's Report

[To receive a report from the Monitoring Officer on matters of relevance to the Committee.]

Minutes:

The Committee noted the report of the Monitoring Officer and the following issues were raised:

 

Member Investigations and Associated Matters

 

Officers advised of an amendment to the figures detailed in the Local Assessment Statistics table appended to the report, in that of the 15 complaints received since the introduction of local assessment, 8 had resulted in no further action being taken, with 5 having been referred to the Standards Board for England for investigation.  The outcomes of all of the Standards Board investigations had now been received, all of which had resulted in a finding of no breach of the Code of Conduct.  A report detailing the Standards Board's public case summaries for 2 of the complaints appeared separately in the agenda, with the remaining 3 cases to be reported on at the next meeting of the Committee in May.

 

The Committee requested that a future breakdown be provided as to the nature of the complaints received.  It was also agreed that Sub-Committee decision notices would be copied to all members of the Standards Committee in future in order to keep members updated with complaints.

 

New Local Performance Indicator - public awareness of the elected Member complaints system

 

The Monitoring Officer advised of the likelihood, at some point in the future, of the introduction of a national performance indicator relating to public awareness of the elected Member complaints system.  In anticipation of this, a new local indicator had been included in the Council's Business Plan on the percentage of people who were aware of the system.  The Monitoring Officer detailed existing Council mechanisms which could be utilised in this regard, which would also be useful in publicising the system generally.  Articles had appeared in both the local press and the Council's 'Together Bromsgrove' publication, with a future regular slot in Together Bromsgrove to be looked at. 

 

In addition to raising public awareness of the complaints process, positive marketing of both the Members' Code of Conduct and the Standards Committee was felt to be of equal importance; to ensure the public, at both district and parish level, was fully aware of the ethical governance framework in local government.  Members suggested that there could be a publicity stand at any relevant Council/community events and that the Worcestershire Hub could be used as a means for promoting the key elements of the ethical framework, with accompanying literature to be drawn up for this.

 

It was noted that public awareness of the elected Member complaints system was linked to the Review of Local Assessment and Determination of Complaints report at agenda item 9, which would involve the Committee prioritising the various aspects of the work required for the review.   

 

Redditch Borough Council's Standards Committee

 

The assistance available to Redditch Borough Council's Standards Committee, should a request for such assistance be made to Bromsgrove District Council, was noted.

 

West Mercia Forum of Independent Members

 

Ms. Roberts, Mr. Cypher and Mr. Hodgetts provided feedback on the West Mercia Independent Members' Forum meeting which they had attended on 4th February 2009, which they had found to be very interesting and informative.  Dr Robert Chilton, Chair of the Standards Board, was guest speaker at the Forum and had given a speech on the Standard's Board's direction of travel.

 

A number of issues had been discussed at the meeting, including problems which had arisen with parish and town councils, which it was noted had arisen mostly as a result of such councils not having their own membership body which they could approach for advice and assistance.  The Monitoring Officer stated that the visits which she and the Deputy Monitoring Officer had undertaken to parish councils within the district had assisted in averting procedural downfalls, and that whilst parish councils might not always have operated within the required structures this had in no way been intentional but had arisen as a result of their being unaware of the requirements.  The proposed establishment of a training programme for the parish councils on ethical governance issues (for which a separate report appeared later in the agenda) would also assist with this.

 

A member of the Committee who had also been a parish councillor commented that they did not think the public was aware of the systems in place for making complaints against parish councillors, which again would be addressed as part of the Review of Local Assessment and Determination of Complaints report later in the agenda.

 

Update on referral of complaint to Monitoring Officer for Investigation

 

The Chairman sought clarification on the current position in relation to the complaint which the Standards Assessment Sub-Committee had referred to the Monitoring Officer for local investigation. 

 

The Deputy Monitoring Officer advised that the matter had been referred to the Council's Investigating Officer and that once the Investigating Officer's final report was available a meeting of the Standards Committee would be convened in accordance with Regulation 17 of The Standards Committee (England) Regulations 2008.  At that meeting, and on consideration of the report, the Committee would be required to make one of the following findings:

 

(i)         that it accepted the Monitoring Officer's finding of no failure (a finding of acceptance); or

(ii)        that the matter should be considered at a hearing of the Standards Committee conducted under Regulation 18 (of the said Regulations); or

(iii)       that the matter should be referred to the Adjudication Panel for England for determination. 

 

RESOLVED:

(a)       that the report be noted; and

(b)       that any action points detailed in the preamble above be acted upon and reported back to the Committee as appropriate.

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