To receive apologies for absence.

Apologies were received from District Councillor Georgina Bensted and Independent member Mike Jones.

The chairman announced that Parish Council representatives, Edward Camilleri and Chris Howell, were standing down from the Standards Committee, he thanked them both for their time and work they had contributed whilst on the Standards Committee.

The chairman congratulated Independent member Alan Robertson for his involvement with the recent successful HOOF campaign, especially being personally named in the House of Commons.

Independent member Alan Robertson, advised that he should not be singled out as there were many more deserving people who were involved with the Save our Forest Campaign.

To confirm the non-exempt minutes of the meeting held on 6 September 2010, plus a revised Public Question Protocol. (attached).

The minutes of the meeting held on the 6 September 2010 was signed as a true record.

The chairman to identify any items of urgent business.

Independent member John Harvey enquired if Standards Committee members names and their status on the committee be listed separately on future agendas.

The Monitoring Officer advised this would be done on all future agendas and minutes.

To receive any declarations of interest in any matter to be discussed at the meeting.  Members and officers are requested to identify the nature of the interest and indicate whether it is personal or prejudicial.

The chairman declared an interest in agenda item 8 Complaints and Investigations 2010/11 Annex A to the report.

The Monitoring Officer to present report LD.321, Monitoring Officer’s Update.

The Monitoring Officer, Marie Rosenthal, presented report LD.321 Monitoring Officer’s Update.  She advised members that the Localism Bill was introduced in Parliament on 13 December 2010, it contained a range of provisions relating to Local Government and that there would be substantial changes for the standards regime.

The Monitoring Officer, Marie Rosenthal, informed the meeting that twenty three complaints had been received since April 2010 and a further three more complaints had been received the previous week, eight of the complaints were referred to the Monitoring Officer for other action.

The Monitoring Officer, Marie Rosenthal, said she had received complaints from individual members regarding the publication of Assessment and Review sub-committee decision notices on the council’s website, and asked the committee if they would reconsider the current policy of publishing Assessment and Review sub-committee decision notices.  She further advised that the council had to publish details of hearings sub-committee, however, the council had no duty to publish Assessment and Review Sub- committee decisions notices.

Independent member Richard Cockroft agreed with the proposal that the standards committee no longer publish the decision notices for Assessment and Review Sub- committee.

Independent member Alan Robertson enquired what was the main reason for publishing the notices in the first place.

The chairman Tony Elkington, stated that the Standards Committee decided to publish Assessment and Review sub-committee decision notices on the council’s website as a way of notifying the public of what was happening with the conduct of councillors.

Independent member Alan Robertson, believed that publishing notices on the website indicated openness and transparency and therefore in his view the notices should continued to be published.

The Monitoring Officer, Marie Rosenthal, stated that concerns have been raised, that individuals were named in these notices and in many cases the Sub-Committee had decided to take no further action, yet the public record showed a complaint had been made. There was therefore scope for individuals to be unfairly complained about so as to damage their reputations when they had committed no breach of the code at all.

Independent member John Harvey, agreed with Independent member Alan Robertson, and stated that decision notices should stay being published on the council’s website for the public to see.

Parish Councillor Edward Camilleri suggested that when a decision was made as a result of insufficient evidence a note in bold lettering could be put at the bottom of the decision notice advising that the complaint was not upheld.  The Monitoring Officer said this could be done.

Independent member, John Harvey proposed that the standards committee continued to publish Assessment and Review sub-committee decision notices on the council’s website, Parish Council representative Edward Camilleri seconded the proposal, all members agreed.

The Monitoring Officer, Marie Rosenthal, then informed members that parish council training for new councillors would follow the May 2011 elections on the Code of Conduct, this is being arranged to take place as part of the District Council’s Parish Forum programme of meetings.

The Monitoring Officer, Marie Rosenthal, briefly read through  ...  view the full minutes text for item 5.

The Monitoring Officer to present report LD.322, on the Future for the Standards Regime.

The Monitoring Officer Marie Rosenthal, presented report LD.322 The Future for the Standards Regime.

The Monitoring Officer Marie Rosenthal, explained the proposed changes to the Decentralisation and Localism Bill, she advised, that the present standards regime would continue to function in its usual manner until a fixed date (“the appointed day”) which would approximately be two months after the Decentralisation and Localism Bill received Royal Assent, this was anticipated to be at the end 2011.  The Standards Committee would continue until the appointed day, guidance would be issued in due course by the Secretary of State regarding new arrangements for registration and declaration of personal interests, and on transitional arrangements pending the abolition of the standards regime. There would still be a requirement, to promote high standards of conduct, the council would promote a local code however, there would not be a role at Parish Council level.

Independent member John Harvey suggested that in the new regime other authorities could be linked up with this authority to exercise standards functions.

The Monitoring Officer Marie Rosenthal informed members that the LGA Leadership Board met in October 2010 and considered emerging proposals, however it was agreed that the sector should not seek to establish a replacement framework within which councillors should operate.  The LGA did recognise the importance of maintaining high ethical standards and accountability, therefore it was agreed that the Local Government Group would continue to actively support authorities who were experiencing problems with corporate governance.

The Monitoring Officer Marie Rosenthal, advised that the Standards Committee had five independent members therefore, to ensure that the Standards Committee continued to operate into 2012 a further twelve months extension ought to be placed on independent members memberships, this would assist through the transitional period, and provide the committee with a full compliment of members.

The chairman Tony Elkington commented that parish council’s representative or independent members were not necessarily required to be a part of the new standards regime.

Parish Council representative Chris Howell, referred to 4.3 of the report and thought that the Localism Bill may create new criminal offences.

Parish Councillor Edward Camilleri commented that this Standards Committee took a decision a while ago that all standards complaints would be contained within the Forest of Dean, and that there was nothing in the report or procedure regarding parish councils being dealt with in the courts.

District Councillor Frankie Evans enquired if there was a cut off date for receiving complaints.

The Monitoring Officer Marie Rosenthal, answered that it depended when the Localism Bill became active, it could be another year and that the Standards Committee would continue to deal with complaints, she further advised that this council does co-opt people on to committees, and have shared Monitoring Officers at times.

District Councillor Paul Hiett said that he was very disappointed and believed it was a step backwards that no body would be looking into parish council’s conduct, issues and matters.

Independent member John Harvey stated that you only have to observe  ...  view the full minutes text for item 6.

TO CONSIDER, AND IF SO AGREE, TO RESOLVE that under section 100A of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in schedule 12A of the said act

RESOLVED that under section 100A of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in schedule 12A of the said act

The Monitoring Officer to present report LD.324.and update on the current status of individual complaints to the committee.

The Monitoring Officer Marie Rosenthal, presented report LD.324, Complaints and Investigations, and updated members on the handling of complaints since the Register was last reported to the committee on 6 September 2010.

The Monitoring Officer to present report LD.331 and report back on action taken as requested by the Assessment Sub-Committee.

The Monitoring Officer Marie Rosenthal, presented report LD.331.

Resolved:

That the report be noted

The date of the next meeting is to be held on Monday 13 June 2011.