9. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 11 October 2005~~11 October 200511 October 2005~~ be confirmed.

10. DECLARATIONS OF INTEREST

There were Nno~~ne were made~~ declarations made ast this stage.

11. OUTCOME OF THE ADJUDICATION PANEL ON 6 JANUARY 2006

The Chairman indicated that there were a number of things that could be learnt from the hearing process. He believed there was a need to take a reflective look at the investigation process as there were elements which were possibly not as thorough as they could have been. Cases could now be referred to the Monitoring Officer for investigation and involvement of the Standards Committee. It was believed the Committee should look at and develop the procedures which were already in place. If a situation arose that needed investigation then comprehensive procedures w~~ere~~ould then be in position ensuring there would be no failure through lack of being prepared. There was appropriate guidance available from the Standards Board for England.

The Committee believed there were issues to be learnt from the hearing process and the Council’s written procedure was not comprehensive enough. There was some question of the procedures for the taking of evidence on oath or by affirmation, it was believed these should be written into the Council’s procedures. A draft of the new procedures should be brought to the next meeting of the Committee.

Members were reminded that part of the recommendation from the hearing was that when a letter was sent out by the Town or Parish Council it should show if it was a formal or an informal response. The Committee felt that this was a message that was relevant to all Town and Parish Councils as at times there were dangers for misinterpretation and procedures were needed in order to avoid these.

The Committee thought that any future hearing a full recording should be taken or someone present who could take verbatim notes. The procedure should be speeded up although there was a need to ensure that all parties were given every opportunity to express their side of the argument and be satisfied that everyone had been given the opportunity to lay their facts out.

Members asked if there would be a written response to the letter Councillor Wells had submitted and were advised that a response would be sent and copied to all other parties concerned.

There was some question with regard to reimbursement of cost. Members were advised that the guidance made it clear that any costs fell to each party in the proceedings and therefore there was no recovery of these. The Isle of Wight Council had adopted a policy whereby it would indemnify its members for all costs where it was legally able to do so, however, in this case the allegation was in relation to a Cowes Town Councillor and not Isle of Wight Councillor.

RESOLVED :

(i) THAT the management and the process of the hearing which would include costs and other issues be looked at and a report on how to improve those aspects and information sharing be brought back to the 22 May 2006 meeting.

(ii) THAT wider advice be given to Town and Parish Councils with reference to the decision making process and ensuring that it was properly documented.

(iii) THAT proposals be drafted with regard to the Monitoring Officer being asked to step in before the Committee has done any particular report.

(iv) THAT a response to Councillor Wells letter would be copied and sent all other parties concerned.

12. REPORTS OF THE MONITORING OFFICER

(a) Draft Annual Report of the Committee

The Committee discussed the draft Annual report and were advised that it was the practice of the Committee to send a copy of the report to the Standards Board for England. There was a suggestion that the dates on the front be changed to take into account a full year.

RESOLVED :

THAT the date on the front of the document be changed to read 1 February 2005 – 31 January 2006.

(b) Parish and Town Councils – Ethics and Probity Update

The training package for Town and Parish Councils was still outstanding although a closer relationship between the Isle of Wight Council and Town and Parish Council’s was being developed. As part of that the training package would encompass a wider area of subjects.

The work programme from 7^th October 2005 event was about Town and Parish Council’s relationship with the Isle of Wight Council. It was felt that generally the Isle of Wight Council was good but with some weak areas in terms of decision making. A Parish Development Team was being established within the Isle of Wight Council whereby all the Town and Parish Council queries would be dealt with. Those new arrangements were expected to be in place by 1 March 2006.

With regard to offering support to the Association of Town and Parish Clerks, Chris Mathews, Deputy Monitoring Officer, had been to every meeting of the IW Association of Parish and Town Councils and the Society of Local Clerks. He had been asked about ethical issues from 6 Town and Parish Council’s where he had given advice and the issues had been amicably resolved.

Mediation had been held for a specific Town Council and support was still being offered if it was needed.

The Parish Protocol would be revised by the Parish Development Team.

The rota for the independent members of the Standards Committee to visit Town and Parish Councils was circulated, they had been split into three areas. It was suggested that the Clerks be given a ring beforehand to advise them of the intended visit as a matter of courtesy.

The Committee w~~ere~~as advised that the Development Control Team had set up Town and Parish Council Forums for the planning side and cluster training was also in place. Development Control had also put Town and Parish Councils in touch with Planning Aid who would give them free advice on planning applications and matters relating to the environment.

RESOLVED

THAT the report of the Deputy Monitoring Officer be noted.

(c) To consider whether membership of the Standards Committee should be amended so that a second deputy is appointed for the Town and Parish Council representative

Consideration was given as to whether an additional deputy for Town and Parish Councils could be appointed. It was believed that another deputy would be useful and appropriate training would be offered.

RESOLVED :

THAT a second deputy for Town and Parish Councils be appointed to the Standards Committee.

(d) Work Plan for the coming year

Members discussed the workplan for the coming year and made several changes. There was also some discussion as to the start time of meetings.

RESOLVED :

(i) THAT the Cabinet Secretaries be advised that the Standards Committee would prefer to commence their meeting at 10.00 am with a reserve time of 4.00 pm

(ii) THAT the following changes be made to the workplan

Meeting

Agenda Item

To be confirmed

· 2 x 2 Hour training sessions to commence at 4.00 pm prior to start of normal meeting. Dates to be agreed.

Monday, 22 May 2006

· Town and Parish Councils

· Monitoring Appointments of Councillors to Outside Bodies

· Learning Process from the Hearing

· Improved Procedures for Investigations and Hearings

~~The following dates are draft only and have not yet been approved :~~

Monday, 7 August 2006

· Monitoring Members Attendance

· Monitoring Member/Officer Protocol

Monday, 6 November 2006

· Issues arising from the ODPM’s White Paper

· Feedback from the Annual Conference in Birmingham.

Monday, 5 February 2007

· Terms of Reference, Scoping work

Standing items

· Report on Standards Board activity including guidance; statistics; analysis; case reports.

· The Committee’s Work Programme

Other meetings as necessary

· Allegations referred by the Standards Board for England and Wales for local determination.

· Requests for dispensations.

· Urgent ethical and probity issues as they arise.

CHAIRMAN

PAPER A…

Meeting

Agenda Item