To consider the LGA's model code of conduct and agree the next steps to review the Herefordshire's Council Code of Conduct.

The monitoring officer presented the report, the details of which are outlined in the agenda pack

During the discussion of the item, the following points were raised:

·         Under the proposed changes, there would be a requirement to declare membership of the council’s outside bodies.

·         The wording with regard to following the advice of the chief executive, chief executive and monitoring officer was considered prescriptive and it was suggested that “taking due notice of the advice” may be more appropriate. 

·         With regard to access to information and confidentiality, this was far reaching and if there was a public interest test this should be outlined in the document.

·         There was a specific code for members of the public engaging with the council.  There would need to be clarity as to whether the code of conduct applied to non statutory co-optees, members of task and finish groups or of a protocol would need to be developed.  

·         It was noted that there may be difficulty for members with regard to the bias and pre-determination section.  There was case law developing in this area and it was a growing trend with other councils.  Bias was a legally defined term but the monitoring officer may be able to look at the wording.  It was a matter of when a council decision was being taken, that members had listened, participated and voted with an open mind. If members could not do this with an open mind, then they should not participate.   The committee suggested that training on this issue would be appreciated.  

RESOLVED that

a)         The committee reviewed the LGA model code of conduct;

b)        Agreed in principal the proposed changes to the Herefordshire Council Code;

c)         Agreed to consult with all members of this council, together with all parish and       town councils about the proposed changes.