Agenda and minutes

Apologies were received from Cllr L Shires and Cllr P Bütikofer.

None received.

To approve as a correct record, the minutes of the meeting of the Standards Committee held on 12^th October 2021.

Minutes of the meeting held on 12^th October 2021 were approved as a correct record and signed by the Chairman.

No actions to discuss.

To determine any items of business which the Chairman decides should be considered as a matter of urgency pursuant to Section 100B (4) (b) of the Local Government Act 1972.

None received.

Members are asked at this stage to declare any interests that they may have in any of the following items on the agenda. The Code of Conduct for Members requires that declarations include the nature of the interest and whether it is a pecuniary interest.

None declared.

Members are reminded that the Parish and District Members’ Register of Interests and Officer Register of Gifts and Hospitality are available for inspection in Democratic Services.

The DSGOS informed Members that Cllr A Brown had requested an update on the implementation of online register of interest forms, which would be provided in due course once the IT Team had responded. It was noted that hard copy registers were available in Democratic Services for inspection if required.

To receive and note the report.

The MO introduced the report and informed Members that in the past year the Council had adopted a new Model Member Code of Conduct, and the report contained details of how many code of conduct complaints had been received in the 2021-22 municipal year for District, Parish and Town Councillors. She added that most complaints related to alleged bullying and/or disrespect, and the report also contained example guidance given to Councils for consideration. It was noted that the Council’s Independent Person had reached the end of their tenure, and a recruitment process had begun to find a replacement. The MO noted that several complaints received were Councillor to Councillor, and some Parish and Town Councils appeared to be more susceptible to complaints than others.

Questions and Discussion

      i.        Cllr N Dixon referred to the nature and prevalence of complaints related to bullying, harassment, disrespect and dismissive behaviour, and asked whether there was more that could be done to address these issues, given the resource requirements for processing complaints. He added that it could be helpful to take a more proactive approach to training and guidance that may reduce this type of behaviour, as it had a negative impact on Councillors and engagement in local democracy. It was noted that of the 121 Parishes throughout the District, only a small number were listed within the complaints register, which suggested it could be relatively easy to target support where required.

     ii.        The Chairman asked whether NALC had a role in addressing complaints, to which the MO replied that most complaints on the register related to alleged behaviour, in which case the vast majority resulted in no further action required. She added that reviewing complaints did have a significant impact on Council resources, with some complaints accompanied by up to thirty pages of supporting information. The MO stated that it would be inappropriate for her to offer pre-complaint guidance and advice, as she needed to remain impartial, though NALC were well placed to offer this type of support. She added that Members may be interested in determining the resource required to review code of conduct complaints on an annual basis, which could be published to show complainants the cost. Cllr N Dixon suggested that early intervention could be helpful address issues in an informal way so that they were less likely to result in formal complaints, which would save the Council time and resource.

    iii.        The MO informed Members that complaints were subject to a screening process to determine whether complaints required full investigation, or were otherwise considered not to present a breach of the code of conduct, in which case advice would be offered. The Chairman asked whether the Chair or Clerk of Parish and Town Councils may be well placed to offer early advice on matters and whether this would be appropriate. The MO replied that this approach could lead to further issues, and legislation required that complaints were considered by the District Council. She added that the best option would  ...  view the full minutes text for item 8.

LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW

(Papers relied on to write the report, which do not contain exempt information and which are not published elsewhere)

Contact Officer, telephone number and email: Cara Jordan, Monitoring Officer

Tel - 01263 516373; email - cara.jordan@north-norfolk.gov.uk

The MO introduced the item and informed Members that in advance of considering the dispensation request received, it would be helpful to better understand and improve the dispensation process, given that the initial request received had not been submitted with alongside supporting information. As a result, a form had been prepared for consideration by the Committee, which had been shared with the relevant Councillor  to provide supporting information that would negate the need for further questions. The MO stated that the Committee may also want to consider whether dispensations could be agreed under delegated authority, to avoid Councillors having to wait for the Committee to meet and discuss the dispensation. It was suggested that delegated authority could be given to the Monitoring Officer, subject to consultation with the Chairman.

Questions and Discussion

      i.        Cllr A Brown stated that he was supportive of introducing a form to improve process, and suggested that delegation could improve the timeliness of responding to dispensation requests.

     ii.        Cllr N Dixon stated that it was evident that there was a need to be more responsive to dispensation requests, and he therefore agreed with proposals to implement a scheme of delegation. He added that delays to the request included in the agenda likely had impacted debate of the Overview and Scrutiny Committee. The Chairman suggested that the Member in question would likely have had useful insights during discussion of second homes and holiday lets.

    iii.        Members agreed that the dispensation request form would be a positive improvement to the process, in addition to granting delegated authority to the Monitoring Officer in consultation with Members of the Standards Committee, in order to agree requests via email. Cllr J Rest proposed the recommendations and Cllr N Dixon seconded.

RESOLVED

    1.        That a template dispensation request form, and a guidance document, be adopted.

    2.        That delegated authority be granted to the Monitoring Officer, in consultation with Members of the Standards Committee to approve dispensation requests.

Members of the Committee are asked to consider the following dispensation request:

Cllr V Holliday requests a dispensation to participate in further debates and decisions relating to second homes and holiday lets in the District.

The MO introduced the item and informed Members that Councillor V Holliday’s request had been made so that she could continue to take part in debates relating to second homes and holiday lets. She added that the request related to debate at Overview and Scrutiny Committee, Full Council, Planning Policy and Built Heritage Working Party. It was noted that the request did not relate to a specific agenda item, but would be applicable to upcoming debates on Council Tax discounts, and any future debates on the impact of second homes and holiday lets. The MO stated that the request would cover the period up to May 2023, and would allow the Member to debate and vote on related reports. It was noted that the Councillor had stated that it was her responsibility as a Councillor to fully represent the views of residents, and this had to be balanced across a range of different circumstances.

Questions and Discussion

      i.        The Chairman asked whether Cllr V Holliday would still need to declare an interest if the dispensation was approved, to which the MO replied that it would remained a disclosed pecuniary interest. It was suggested that approving the dispensation request may help to provide balance to debate, so long as the interest was declared at each applicable meeting.

     ii.        Members agreed to approve the dispensation request, subject to conditions and timeframe, on the basis that it would aid in holding a balanced debate in the interest of wider residents.

    iii.        Approval of the dispensation request was proposed by Cllr N Dixon and seconded by Cllr J Rest

RESOLVED

To approve Cllr V Holliday’s dispensation request.

1.     Members to receive and note the update on recent standards complaints.

2.     Verbal update on the recruitment of an Independent Person.

      i.        The DSGOS noted that an advertisement for recruitment of an Independent Person(s) had been delayed as a result of the national mourning period following the death of Queen Elizabeth II, but the advert was now published on the Council’s website. The Chairman asked whether recruitment would include an interview process with the Committee, to which the MO replied that an interview would likely include the Chair of the Committee, the MO and one other officer.

     ii.        Cllr A Brown referred to the online register of interest form and suggested that the process needed to be treated as a priority to ensure that it was in place prior to the 2023 local elections.

    iii.        It was noted that recent standards updates had been discussed during debate of the Monitoring Officer’s report.

RESOLVED

To note the update.

To pass the following resolution:

“That under Section 100A(4) of the Local Government Act 1972 the press and 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 paragraphs 1 and 3 of Part I of Schedule 12A (as amended) to the Act”.