Agenda and minutes

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Contact: Andrew Charlwood 020 8359 2014 Email: andrew.charlwood@barnet.gov.uk 

Items
No. Item

1.

Minutes of last meeting pdf icon PDF 85 KB

Minutes:

RESOLVED – that the minutes of the meeting held on 30 June 2015 be approved as a correct record.

 

2.

Absence of Members (If any)

Minutes:

None.

 

3.

Declaration of Members' Disclosable Pecuniary interests and Non Pecuniary interests (If any)

Minutes:

None.

 

4.

Report of the Monitoring Officer

Minutes:

None.

 

5.

Public Questions and Comments

Minutes:

None.

 

6.

Members' Items

Minutes:

None.

 

7.

Constitution Review pdf icon PDF 177 KB

Additional documents:

Minutes:

The Chairman introduced the report. He advised the Committee that a supplemental report had been tabled which proposed an amendment to Full Council Procedure Rules to enable the calendar of meetings to be approved by Council before the Annual Council meeting.  The Committee noted the report which was considered alongside other proposed constitution amendments.

 

RESOLVED – That the Committee recommend to Council that the Constitution be amended to incorporate the changes set out in this the table below and the track change versions attached at Appendix A to Appendix G.

 

App No.

Section

Changes contained in the report to Constitution, Ethics and Probity Committee

Changes recommended to Full Council

A

Responsibility for Functions, Annex A

Currently the terms of reference of Area Committees include ‘Recommending the creation of Conservation Areas to Environment Committee’.  This function was previously carried out by Area Environment Sub-Committees and the practical approach would be to clarify that Area Committees are best positioned to make these decisions at a local level.

 

It is further recommended that the terms of reference of Area Committees be updated. This is a consequential change following Council’s agreement in July 2015 that Public Participation and Engagement rules stipulate that petitions which receive between 25 and 2,000 signatures be reported directly to an Area Committee rather than a Residents Forum.

 

Not agreed.  Add ‘Recommending the creation of Conservation Areas to Full Council’ to the responsibilities of the Planning Committee

 

 

 

 

Agreed as per report, subject to the number of signatures being 1,999 and not 2,000

A

Responsibility for Functions, Annex A

The terms of reference of Policy and Resources Committee currently include ‘(11) To receive reports reviewing the progress of petitions considered at theme committees’. As petitions of between 2,000-7,000 signatures are referred to the relevant theme committee it appears more appropriate that the relevant theme committee receive any progress reports on actions requested. Should there be any reason to escalate a matter (e.g. a request for additional funding) a report would be submitted to Policy and Resources Committee as required.

 

Agreed as per report

A

Responsibility for Functions, Annex A

The terms of reference of General Functions Committee (GFC) require updating to clarify that in addition to ‘endorsing the calendar of meetings prior to annul council approval’ GFC has responsibility for approving any mid-year adjustments to the calendar of meetings (e.g. additional meetings added/deleted) which are then noted at Council meetings. Currently GFC has recently agreed that the Head of Governance can facilitate variations in consultation with the Chairman of the General Functions Committee and Leaders of the main political groups.

 

It is also recommended, on legal advice, that GFC responsibility for ‘Approving premises for marriages and the formation of civil partnerships’ be updated to reflect that this authority encompasses to ‘Carry out functions in relation to approving premises for marriages and the formation of civil partnerships under the Marriage Act 1949, the Civil Partnership Act 2004 and the Marriages and Civil Partnerships (Approved Premises) Regulations 2005’

 

Agreed as per report  ...  view the full minutes text for item 7.

8.

Review of the Committee System and Constitution - Survey results pdf icon PDF 181 KB

Additional documents:

Minutes:

The Monitoring Officer presented the report. 

 

The Committee was advised that there had been a commitment to review the Committee System 12 months post-implementation and the views of all Members and officers had been collected via a survey.  It was noted that the findings didn’t provide a mandate for significant change.  Key findings were that:

 

·           there were differences of opinion between Members and officers in relation to the delegation of powers;

·           improvements needed to be made with Ward Member engagement;

·           consideration needed to be given to the reporting of performance information and whether this should go to theme committees as well as the Performance & Contract Management Committee; and

·           there was scope to revise the approach to pre-meetings and call-overs depending on the preferences of Members who sat on those committees

 

The Monitoring Officer emphasised that Full Council had approved print and courier savings of £50,000 and staff savings of £200,000 in the Assurance Group and to achieve these fewer meetings needed to take place.  The Group Leaders undertook to provide group spokespersons to discuss possible savings options with the officer.

 

RESOLVED that the results from the survey be noted.

 

9.

The Standards Regime pdf icon PDF 172 KB

Additional documents:

Minutes:

The Monitoring Officer presented a report which asked the Committee to consider options for investigating and making decisions on allegations of breaches to the Members Code of Conduct. 

 

RESOLVED that:

 

1.      The Monitoring Officer be requested to amend the “Protocol – Complaints against Members” as follows:

i)     Revise section 7.1 include wording which enables the Monitoring Officer to determine whether to take no further action

 

ii)      Create a new section 7.2 to state that the “…where the Monitoring Officer decides to take no further action, the Monitoring Officer will inform the person making the allegation and the Member who is the subject of the complaint of her decision and of the reasons for it.”

 

iii)    Create a new section 12 as follows: “The Monitoring Officer will submit a report to the Standards Committee at six monthly intervals to inform the Constitution, Ethics and Probity Committee about complaints which have been received and not investigated under paragraphs 5.3 or 5.6 of this Protocol, and complaints which have been investigated but not reported to the Standards Committee under paragraph 7.1”

 

2.      The Committee recommend to Full Council:

i)     The establishment a new Standards Committee comprising four members of the Council and an Independent Person (as a co-opted member of the Committee) to replace the Group Leaders Panel.

 

ii)    Not to apply the political balance requirements contained in the Local Government and Housing Act 1989 to the new Standards Committee, and that each of the two political Groups on the Council shall have two seats on the Committee (with two substitute members for each Group).

 

iii)   To appoint the Independent Person as the Chairman of the Standards Committee.

 

iv)  To approve the amended “Protocol – Complaints against Members” (as detailed in minute item 1 above) as the Council’s arrangements for the investigation of complaints that a Member has breached the Code of Conduct and for taking decisions on such complaints, as required by Section 28 of the Localism Act 2011.

 

v)    That the Monitoring Officer be authorised to implement and publish the consequential changes to the Constitution.

 

(Notes:  To take effect, recommendation ii) must be agreed without any member of the Council voting against (Section 17(1)(b) of the Local Government and Housing Act 1989).  The independent chairman will be a non-voting member)

 

10.

Any other item(s) that the Chairman decides are urgent

Minutes:

None.