Appendix
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APPENDIX
MIDDLESBROUGH COUNCIL
STANDARDS COMMITTEE
ANNUAL REPORT
2009-2010
Contents Page
Forward 3
Introduction 4
Membership 4
Independent Members 5
Committee Terms of Reference 5
Role of the Monitoring Officer 6
Standards Committee Meetings 7
Local Assessment of Complaints 7
Standards Complaints Statistics 2009/2010 7
Work Programme Issues 2009/2010 8
Training and Development 9
Annual Assembly of Standards Committees 2009 9
Standards for England Annual Return 2009 10
Interests and Gifts and Hospitality 10
Local Government Ombudsman Annual Report 2009 10
Corporate Complaints 10
Dispensations 10
Politically Restricted Posts 10
Future Work Programme 2010/2011 11
Retirement 11
Conclusion 12
Useful Links 13
Forward from the Chair
This year the Standards Committee has continued to adapt to its local assessment role. During the run up to the recent Parliamentary General Elections the ethical agenda, as it related to Members of Parliament, was highlighted. The publicity around MP’s expenses being just one aspect. As evidenced by continuing comments in the local press the level of public interest in such matters is not diminishing and the ethical behaviour of elected members will no doubt be a matter that comes to the fore in the coming local elections.
In creating a robust ethical framework for the Council and parish councils the Standards Committee will aim to ensure that high standards of conduct and transparency and openness in the Council’s decision making are maintained thereby raising public confidence.
During this new municipal year there are a number of significant areas of work for the Standards Committee. A revised Code of Conduct for Members is expected and a Code of Conduct for officers has been expected for some time. Once introduced the cCmmittee will be involved in their implementation and further training will no doubt be required. The introduction of local assessment has seen an increase in workloads for officers and for Standards Committee members via its three sub-committees. The arrangements for joint training and informal discussion forums for independent members held during the year are to be welcomed and provide an opportunity for independent members to network with other local colleagues to share information and good practice
Promotion of the work of the committee is something we will need to pursue during the year to promote the Council’s commitment to high ethical standards and in order to support that work, greater engagement with senior members of the Council will also feature in our work.
Introduction
The Local Government Act 2000 requires councils to establish a Standards
Committee whose remit is to create an ethical framework through
which the Council can operate and develop to ensure high standards of conduct
are maintained and, that the Council operates in an environment that is open and transparent.
More recent legislation, namely, the Local Government and Public Involvement in Health Act 2007 and the Standards Committee (England) Regulations 2008 provide for the committee to undertake the local assessment of complaints and to ensure that its members comply with the code of conduct. This report provides a summary of the work of the committee during the year 2009/2010, and supports the corporate governance arrangements of the council through the dissemination of information and promotion of good conduct in its elected and co-opted members.
Membership
The Standards Committee comprises seven members of the Council, three independent members and two parish council representatives. Both the chair and vice-chair of the committee are independent members.
Chair: Mr Geoff Fell (Independent Member).
Vice- Chair: Mr Chris Nestor (Independent Member).
Elected Members: Councillor Susan Carter (Labour)
Councillor Peter Cox (Middlesbrough Independent Members’ Association) (part year)
Councillor Dorothy Davison (Marton Independent Group)
Councillor Jackie Elder (Middlesbrough Independent Members’ Association) (part year)
Councillor C Hobson (Conservative)
Councillor Pervaz Khan (Labour)
Councillor John McPartland (Labour) and
Councillor Bernard Taylor (Labour).
Independent Members: Mr Geoff Fell, Mr Chris Nestor and Professor Brian Footitt.
Parish Councils: Councillor Ian Bruce (representing Nunthorpe Parish Council)
Councillor Bob MacMillan (representing Stainton and Thornton Parish Council).
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Independent Members
Mr Geoff Fell
Mr Fell was first appointed at the Independent Chair of the committee in December 2003. His second four-year term as a member of the committee will terminate in October 2010. Mr Fell is a retired solicitor and Deputy Coroner for North Yorkshire Western District. He is also an independent member of the Cleveland Police Authority.
Chris Nestor
Mr Nestor the Committee’s Vice-Chair was appointed in October 2007. He was appointed as vice-chair in 2009. An elected member had held the position previously. Mr Nestor is a magistrate on the Teesside Bench, an Association Hospital Manager for the Tees, Esk, Wear Valleys NHS Trust and an independent member of Stockton on Tees Borough Council’s Standards Committee.
Brian Footitt OBE
Professor Footitt is a retired form NHS senior manager. He currently chairs the Redcar and Cleveland Local Strategic Partnership, is a member of Hartlepool and Middlesbrough Standards Committee, a member of Hartlepool, Middlesbrough and Redcar and Cleveland Councils’ Independent Panels on Members’ Remuneration, a Non-Executive Director of Middlesbrough, Redcar and Cleveland Community Care Services Board, and a Trustee of Teesside Hospice Care Foundation.
Committee Terms of Reference
The functions of the Standards Committee are those set out in the following terms of reference:
Terms of Reference:
1. To make reports or recommendations to the Council in relation to:-
· the approval by the Council of local codes of conduct for Members and officers, codes of practice, standing orders and protocols, taking account of national models and guidance or case tribunals.
· the implementation of local codes of conduct etc, and the dissemination throughout the Authority of information and guidance on their operation.
· consideration of any reports relating to the conduct of Members or officers which may be referred to it by the Council’s Chair, Monitoring Officer or by the Director of Resources under section 114 of the Local Government Finance Act 1988 in consultation with the Monitoring Officer, including issues relating to Members’ and officers’ interests and the maintenance and management of any relevant registers of interests.
· ensuring that the highest standards of financial probity are maintained throughout the Authority, within policies set by the Council from time to time.
· consideration of relevant reports referred by the Monitoring Officer and Section 151 Officer and make recommendations thereon to the Council as necessary.
2. Grant dispensations to Councillors, Co-opted Members and Parish
Council Members from the requirements relating to declarations of interest as set out in the Code of Conduct.
3. Consider matters referred to it by the Ethical Standards Officers.
4. The investigation and determination of allegations of breaches of Members’ Codes of Conduct within such statutory provisions or guidance as may exist.
5. To have oversight of the Constitution
6. To maintain an overview of the whistle–blowing policy, complaints handling and Ombudsman investigations.
7. Discharge all of the above functions required by the Local Government Act 2000 in relation to Parish Councils.
8. Review compliance with relevant standards, codes of practice and corporate governance policies of or relating to the Council.
9. Consider reports referred from the Member Development Working Group and make recommendations to Council.
10. Submit an annual report to Council.
11. To have responsibility for the granting and supervising of exemptions of posts from the political restriction.
Role of the Monitoring Officer
The Monitoring Officer supports the Standards Committee. This role rests with the Director of Legal and Democratic Services whose remit, in addition to providing legal advice to the committee, is to assist the committee to promote and maintain standards of conduct. The functions carried out by the Monitoring Officer include the requirement to report to the Council or Executive on any proposal, decision or omission by the Council, the Executive, or a committee or officer, which has given or is likely to give rise to any contravention of any enactment or rule of law.
The Monitoring Officer also has to deal with and conduct any necessary investigations in relation to allegations against Member breaches of the Code of Conduct. This includes those relating to co-opted members and parish councillors.
Standards Committee Meetings
Meetings of the Committee and its sub-committees held during the year 2009/2010 were:
Standards Committee 4 meetings
Standards (Initial Assessment) Sub-Committee 9 meetings
Standards (Review) Sub-Committee 2 meetings
Standards (Hearings) Sub-Committee 3 meetings
Local Assessment of Complaints
The Local Government and Involvement in Health Act 2007 and the Standards Committee (England) Regulations 2008 provide for the assessment of complaints against Members to be transferred from the Standards Board for England to local level assessment by Standards Committees.
In order to carry out those functions a suite of three separate sub-committees has been established. Standards Committee members have received training in the operation of those committees and formal procedures adopted.
Work is on-going to set up an e-complaint form and establish a specific Standards Committee webpage with a view to drawing attention to the work of the Committee and to allow the public to complain about Member misconduct electronically in addition to the general paper based option.
Standards Complaints Statistics 2009/2010
Nineteen standards complaints against councillors were received during the period 1 April 2009 to 31 March 2010. Of those twelve were referred for investigation, two were referred to the Review Sub-Committee for reconsideration of the Initial Assessment Committee’s decision. One case was referred to Standards for England.
No complaints against parish councillor were received.
The following table shows statistical details of complaints for the three-year period 2008 to 2010.
Year / Number of Complaints2008 / 11
2009 / 19
2010 / 3
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Year / Breach of CodeNo Action Taken / Breach of Code
Action Taken / No Breach of Code / Investigations On-Going
2008 / 0 / 1 / 10 / 0
2009 / 0 / 1 / 11 / 7
2010 / 0 / 0 / 1 / 2
Work Programme Issues 2009/2010
During the year the committee:
· Received Standards Board for England guidance on
v Member use of social network and blogging sites
v Charitable Trustees
v Freemasonry
v Transfer of functions from the Adjudication Panel for England to the First Tier Tribunal (Local Government Standards in England
· Reviewed the Member Declarations of Interest/Member and Officer Gifts and Hospitality Registers
· Approved a revision of the Gifts and Hospitality Policy
· Approved and or revised protocols in relation to
v Member IT Protocol on the use of Council IT equipment
v Local Protocols on reciprocal arrangements for use of monitoring officers/or requesting legal advice from other Tees Valley authorities
· Approved a Brief Guide on the Code of Conduct
· Received an Appeal Tribunal decision in relation to Case Reference APE 0421.
· Issued Guidance to all Members in regard to:
v Probity in Planning – The Role of Members and Officers
v Purdah arrangements under the Local Government Act 1986 on the run up to the General Election.
· Received information on matters raised by the Standards Committee
Further Provisions) England Regulations 2009 and guidance on: Suspension of Initial Assessment Functions, Establishment of Joint Committees and Granting of Dispensations.
Training and Development
The Committee approved a Member Development Strategy for the year. A number of training sessions were held as part of the agreed programme for the following committees:
v Audit Committee
v Complaints and Appeals
v Staff Appeals Committee
v Planning and Development Committee
v Licensing for general licensing matters including Taxi and Private Hire Licensing and matters under the Licensing Act 2003
v Standards Committee and Standards Sub-Committees.
The committee viewed a DVD issued by Standards for England on Local Assessment of Complaints at its meeting on 8 December 2009.
In addition, independent members and parish councils were invited to attend the following Tees Valley joint standards training events hosted by Stockton and Redcar and Cleveland Councils respectively. The Monitoring Officer also attended meetings of Nunthorpe and Stainton and Thornton Parish Councils and provided advice on standards and probity:
Ethical Governance Workshop – Town and Parish Councils - 8 May 2009
Independent Members’ Forum –19 October 2009
Annual Assembly of Standards Committees 2009
The 2009 Annual Assembly of Standards Committees held at the National Conference Centre, Birmingham was attended by Ian Bruce, Nunthorpe Parish Council, a Principal Solicitor from the Legal and Democratic Services Department. Delegates attended workshops, plenary sessions and heard keynote speeches on a variety of issues included local assessment, alternative actions and dealing with complex procedures. Attendance at the event provides an opportunity for Members to network with other Standards Committee members, and to be aware of emerging issues and aspects of good practice.
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Standards for England Annual Return 2009
The Monitoring Officer submitted his annual return to Standards for England providing information on the operation of the local standards regime.
Interests and Gifts and Hospitality
Regular reminders have been provided to members and officers about the need to review and update their registered interest details, to record details of gifts and hospitality and to ensure that they declare personal interests at committee meetings.
Local Government Ombudsman Annual Report 2008/9
The Standards Committee on 8 September 2009 received the Local Government Ombudsman Annual Report 2008/9 reporting that thirty four complaints were submitted to the Ombudsman’s Office for the year.
There had been a slight improvement on response times from the previous year which were reduced down from 30 days to 21.8 days, against an Ombudsman target response time of 28 days. A total of 34 complaints had been submitted to the Ombudsman’s Office for the year. Of those, the Ombudsman made eighteen decisions as indicated below:-
Verdict of maladministation (1)
No maladministration found (7)
Recommended for local settlement (4)
Ombudsman discretion not to pursue further (3) and
Outside the Ombudsman’s jurisdiction (3)
Corporate Complaints