Venue: Exe Room, Phoenix House, Tiverton
Contact: Sally Gabriel Member Services Manager
Link: audio recording
No. | Item |
---|---|
ELECTION OF CHAIRMAN (Chairman of the Council in the Chair) To elect a Chairman for the municipal year 2018/19
Minutes: RESOLVED that Cllr Mrs J Binks (in her absence) be elected Chairman of the Committee for the municipal year 2018/19.
|
|
ELECTION OF VICE CHAIRMAN To elect a Vice Chairman for the municipal year 2018/19
Minutes: RESOLVED that Cllr C R Slade be elected Vice-Chairman of the Committee for the municipal year 2018/19.
In the absence of the Chairman, Cllr C R Slade then took the Chair.
|
|
APOLOGIES AND SUBSTITUTE MEMBERS To receive any apologies for absence and notices of appointment of Substitute Members (if any). Minutes: Apologies were received from Cllr Mrs J B Binks. |
|
PUBLIC QUESTION TIME (00-04-46) To receive any questions relating to items on the Agenda from members of the public and replies thereto.
Note: A maximum of 30 minutes is allowed for this item. Minutes: Mr Quinn asked the following questions:
In relation to agenda item 5 – minutes of the previous meeting. Within item 70 the minutes state that “responding to the questions asked at public question time the Monitoring Officer said she did not have the answers to hand regarding the Peer Review and would respond in writing to that question” He had not received a written response and requested that it be progressed.
Referring to Item 9 on the agenda, - Annual Report of the Monitoring Officer, at paragraph 4.1, the Monitoring Officer states that she has appointed two deputies (the Members Services Manager and the Solicitor), is each Deputy Monitoring Officer given the full range of duties and powers, or are they restricted in anyway? On what date or dates, did these appointments take place? Have the job descriptions and job evaluation factors of each post been amended to show the additional responsibilities?
The Monitoring Officer apologised for the oversight of a written response promised at the previous meeting and stated that she would respond this week. With regard to the Deputy Monitoring Officers, there was a requirement for the Monitoring Officer to have a deputy who could act if she were to be unavailable and it was a good idea for the deputy/deputies to work alongside the Monitoring Officer. With regard to the appointment dates, the job descriptions and job evaluation issues, she would have to confirm this via a written response. |
|
Members to consider whether to approve the minutes as a correct record of the meeting held on 14 March 2018. Minutes: The Minutes of the last meeting were approved as a true record and signed by the Chairman.
|
|
DECLARATIONS OF INTEREST UNDER THE CODE OF CONDUCT (00-09-03) Councillors are reminded of the requirement to declare any interest, including the type of interest, and reason for that interest, either at this stage of the meeting or as soon as they become aware of that interest.
Minutes: Members were reminded of the need to make declarations of interest when necessary.
|
|
CHAIRMAN'S ANNOUNCEMENTS To receive any announcements the Chairman of the Committee may wish to make. Minutes: The Chairman had no announcements to make. |
|
MOTION 546 (COUNCILLOR MRS J ROACH - 11 APRIL 2018) (00-09-44) To consider the following motion that has been passed to this Committee from Council. This Council agrees to clarify the rules in the constitution relating to who can speak at working groups and to non planning application agenda items at the planning committee. This motion seeks to establish the right in law of Councillors to participate in the democratic process without relying on a Chairman's discretion.
Minutes: The Committee had before it a motion that has been passed to this Committee from Council for consideration. This Council agrees to clarify the rules in the constitution relating to who can speak at working groups and to non-planning application agenda items at the planning committee. This motion seeks to establish the right in law of Councillors to participate in the democratic process without relying on a Chairman's discretion. The meeting was provided with the current wording within the Constitution (Access to Information Rules 27.5) which stated that “A Councillor who is not a member of the Planning Committee may attend that Committee and speak on an item that affects their ward and in relation to all other Committees may attend to speak on a matter” The Monitoring Officer also provided some suggested wording to be inserted into the Constitution that may overcome the issue raised within Motion 546 that “Any Councillor may attend any meeting of a committee of the Council and may speak on any agenda item for that meeting. However, in relation to the Planning Committee, the right to speak on a planning application, enforcement item, or other report relating to a particular ward of the Council shall be limited to the rights of a Ward Member to speak as set out in paragraphs 9.2 and 9.3 of the Protocol of Good Practice for Councillors Dealing in Planning Matters (Appendix J to the Constitution)” Cllr Mrs Roach was invited to speak to her motion; she explained that she had attended a previous Planning Committee and had requested to speak to a non-planning application agenda item and not been allowed to. Therefore the motion requested that the situation be clarified, as she understood that any Member of the Council could attend any meeting and speak, although she was aware that only Ward Members could speak to individual planning applications. She felt that the suggested wording put forward by the Monitoring Officer was satisfactory and would cover the issue that she had raised. Consideration was given to: · Neighbouring Wards that could be affected by a planning application · The use of public question time for non Ward Members to speak · Previous planning applications which had impacted on more than one Ward It was therefore RECOMMENDED to Council that Motion 546 be supported and that the Constitution be amended by replacing the original wording in paragraph 27.5 to the Access of Information Rules with the following” “Any Councillor may attend any meeting of a committee of the Council and may speak on any agenda item for that meeting. However, in relation to the Planning Committee, the right to speak on a planning application, enforcement item, or other report relating to a particular ward of the Council shall be limited to the rights of a Ward member to speak as set out in paragraphs 9.32 and 9.3 of the Protocol of Good Practice for Councillors Dealing in Planning Matters (Appendix J to the Constitution)” (Proposed by the Chairman). Note: Cllr Mrs ... view the full minutes text for item 8. |
|
ANNUAL REPORT OF THE MONITORING OFFICER FOR 2017/18 PDF 79 KB To receive an annual report from the Monitoring Officer providing the Standards Committee with an overview of the preceding year. Minutes: The Committee had before it and NOTED a * report of the Monitoring Officer providing a review of the preceding year.
She outlined the contents of the report stating that she considered it to be good practice to review the preceding year so that she and the Members could consider whether the Council was fulfilling its statutory duty and it would also evidence the work it had done or was planning to undertake.
Consideration was given to:
· The number of complaints received · The process for dealing with complaints
Note: *Report previously circulated, copy attached to minutes.
|
|
COMPLAINTS (00-22-38) To receive an update from the Monitoring Officer with regard to any on-going complaints being dealt with. During the discussion it may be necessary to consider passing the following resolution to protect the Members of District, Town and Parish Council’s being discussed.
During discussion of this item it may be necessary to pass the following resolution to exclude the press and public having reflected on Article 12 12.02(d) (a presumption in favour of openness) of the Constitution. This decision may be required because consideration of this matter in public may disclose information falling within one of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972. The Committee will need to decide whether, in all the circumstances of the case, the public interest in maintaining the exemption, outweighs the public interest in disclosing the information.
ACCESS TO INFORMATION ACT – EXCLUSION OF THE PRESS AND PUBLIC
RECOMMENDED that under section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act, namely information relating to an individual
Minutes: The Monitoring Officer provided an update regarding on-going complaints being dealt with.
During the discussion it was agreed that the meeting be closed to the press and public to allow the Monitoring Officer to inform the meeting of the detail with regard to ongoing complaints and therefore
It was RESOLVED that under section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act, namely information relating to an individual.
(Proposed by the Chairman)
Following consideration of the Monitoring Officer’s information, the meeting returned to a public forum.
Note: Cllrs Mrs F J Colthorpe, F J Rosamond and Mrs N Woollatt declared interests (although not a personal or Disclosable Pecuniary Interest) with regard to some of the issues discussed.
|
|
STANDARDS COMMITTEE WORKSHOP (00-24-01) To consider whether to hold an informal workshop for the Committee. Minutes: The Committee considered whether it was necessary for it to hold an informal workshop in the near future.
It was RESOLVED that an informal workshop for the Committee be organised for September, however if there was no business to be discussed then the meeting would be postponed.
(Proposed by the Chairman) |
|
START TIMES OF MEETINGS (00-25-00) To consider a start time for future meetings of the Committee. Minutes: Following discussion the Committee AGREED to continue to hold its meetings at 6.00pm for the remainder of the 2018/19 municipal year.
|
|
IDENTIFICATION OF ITEMS FOR THE NEXT MEETING (00-25-31) To consider items for the next meeting to be held on 10 October 2018. Minutes: The following issues would be addressed at the next meeting:
Standard issues for the agenda Updates to the Constitution
|