To consider constitutional issues for adoption by Annual Council in May 2010.  

Wards: County Wide

The Assistant Chief Executive (Legal and Democratic) reported on proposed amendments to the constitution which would further support the role and remit of the Standards Committee, namely:

·         Appointment of Vice-Chairman: As a measure to address the Committee’s increased level of activity, members agreed that there was merit in appointing an independent member as Vice-Chairman, to act in the absence of the chairman and assist in matters which required detailed work.

·         Establishment of additional sub-committees: In addition to the existing assessment sub-committee, it was proposed to establish sub-committees for reviews, consideration of investigation reports, and hearings.  This would afford the committee greater flexibility and fewer opportunities for conflicts of interest at the various complaint stages.  Every sub-committee would comprise three members, with an independent member in the Chair, and for parish and town council matters, at least one parish and town council representative.

·         Provisional monthly meeting dates: It was agreed that, given the significant quantity of sub-committee meetings taking place, and the pressures of members’ diary commitments, provisional monthly meetings would be listed in the corporate diary, for use as necessary. 

·         Reports to Council: The new constitution required a report from each committee to Annual Council only, instead of a report to every meeting.  Members felt that it was appropriate for the Standards Committee to continue to report to every Council meeting, however, given the unique role of the committee in promoting and upholding standards and ethics, and because regular reporting was an established area of good practice which had furthered a strong relationship with the Council.

·         Questions to Council: The Committee supported proposal to ensure that its Chairman was notified appropriately of any relevant question to Council which might require a response in relation to standards and ethics matters.  Furthermore, agreement would be sought about who would respond to the question, and the appropriate level of involvement in the drafting and approval of answers, including supplementary questions. 

·         Procedure Rules: Members welcomed a proposal to include additional information in the Constitution about the Committee’s processes, and the different stages of the standards framework.  This would help members of the public to understand the processes better, and engage with it more effectively. 

The Chairman confirmed that he would attend the Constitutional Review Working Group on 30 April 2010 to present the Committee’s views on these matters. 

RESOLVED:   (unanimously) that:

it be recommended to the Constitutional Review Working Group and Council that:

(i)                 the office of Vice-Chairman of the Standards Committee be formally established;

(ii)               the Constitution provides for review, consideration and hearing sub-committees to be established by selection of three members of the Committee (including one independent member in the Chair, and for parish and town matters, one parish and town council representative);

(iii)             provisional monthly meetings be listed in the corporate diary for use by Standards sub-committees as required; and

that the Standards Committee:

(iv)             notes the revised procedure for dealing with questions to Council from members of the public or members of the Council;

(v)               notes the proposals for procedure rules to be included in the constitution; and

(vi)             delegates authority to the Monitoring Officer and the Chairman to finalise the submission to the Constitutional Review Working Group for consideration.