To approve as a correct record the minutes of the meetings of the General Purposes Committee held on 11 and 19 April 2012 (copies attached).

RESOLVED

that the minutes of the meetings of the General Purposes Committee held on 11 and 19 April 2012 be confirmed and signed by the Chairman as a correct record.

To receive from Members any declarations and the nature thereof in relation to:-

(a)    personal interests in any agenda item;

(b)    personal and prejudicial interests in any agenda item.

To receive any announcements from the Chairman and any matters of communication.

None.

To receive petitions from members of the public in accordance with the Public Participation Procedure as set out in Annex 2 of Part A4 of the Constitution.

No petitions were received from members of the public in accordance with the Public Participation Procedure as set out in Annex 2 of Part A4 of the Constitution.

To receive any questions, statements or deputations from members of the public in accordance with the Public Participation Procedure as set out in Annex 1 of Part A4 of the Constitution.

No questions, statements or deputations were received from members of the public in accordance with the Public Participation Procedure as set out in Annex 1 of Part A4 of the Constitution.

To receive an update on the progress of the Community Governance Review currently being undertaken.

The Committee considered a report by the Head of Legal and Democratic Services regarding the Community Governance Review currently being undertaken for the area of Fairfield within Stotfold parish.

Mindful that the membership of the Committee had recently increased, and to ensure that new Members were fully aware of the background to the Committee’s previous discussions on 8 December 2011, copies of all documents considered by the Committee at that meeting were attached as appendices to the report.  A copy of the relevant minute from the Committee’s meeting on 8 December was also attached.  In addition the Committee had before it the results of a secondary consultation carried out at the request of the Committee on 8 December together with an analysis of the comments received and representations from Stotfold Town Council.  The Committee was also provided with the following general background information relating to the Review process:

·        Criteria for undertaking a review

·        Initial/secondary consultation

·        Timing

·        Recommendations and decisions

·        Reorganisation Order

·        Alternative styles for parishes

·        Electoral arrangements

·        Publicising draft proposals.

The officer’s report reminded Members that the Committee had originally resolved to carry out a Community Governance Review in accordance with the Local Government and Public Involvement in Health Act 2007 at its meeting on 4 August 2011.  Members were aware that this decision followed the submission of a petition to Central Bedfordshire Council by the Fairfield Community Action Group.  The petition had called upon the Council to undertake a Governance Review and create a new community council for the representation of the residents of Fairfield.  The petition had been considered by the Committee and accepted as a valid petition under the Act.

To comply with the terms of the Governance Review the Council was required to consider representations made by local people and interested parties.  The Committee had, therefore, undertaken a consultation with the Stotfold parish electorate and interested parties under which all respondents were invited to agree or disagree with the proposal to create a new Fairfield Community Council.  The results, together with an analysis of the comments received, representations from Stotfold Town Council and a further submission by the Action Group had been considered at the Committee’s meeting on 8 December 2011.  The Committee had noted that 73% of those responding had supported the creation of a new community council for the area of Fairfield.  Nonetheless, as an alternative to the creation of a separate community council, the Committee had also considered the possibility of creating a separate Fairfield ward within Stotfold parish and it had been resolved that the Head of Legal and Democratic Services explore the concept of warding the parish and report his findings.

A second consultation exercise had therefore been carried out with the Stotfold parish electorate and all interested parties to establish whether they agreed or disagreed with the concept of warding the whole parish using the existing polling districts as the basis.  The results of the second consultation revealed that 60% of those responding did not support the concept of warding.  ...  view the full minutes text for item 7.

To consider arrangements for the handling of complaints, including the appointment of independent persons.

The Committee considered a report by the Head of Legal and Democratic Services which set out the arrangements that were required to be in place to ensure that the Council was ready to implement the relevant provisions of the Localism Act 2011 on 1 July 2012.  The Head of Legal and Democratic Services advised that the Secretary of State had yet to make the regulations required to bring the relevant parts of the Localism Act 2011 into force.  However, the expectation was that the regulations would be made shortly and that the new provisions regulating ethical standards would come into effect as envisaged on 1 July 2012. 

a)         Procedures for investigating and making decisions about complaints, including identifying any sanctions that might be imposed

The Committee considered proposed arrangements for the handling of complaints relating to Members’ conduct (attached at Appendix A to the report of the Head of Legal and Democratic Services) and to a flowchart of the process (attached at Appendix B to the report) as from 1 July 2012.   A proposed amendment to paragraph 4 of Appendix A, which required the Monitoring Officer to notify the Member concerned that a complaint had been made against them and update that Member on its progress, was circulated at the meeting.

The Committee noted that the complaints procedure envisaged that hearings would be conducted by a Standards Sub-Committee and the meeting was, therefore, asked to appoint a panel of Members from amongst the Committee’s membership from whom the Sub-Committee could be appointed as and when required.  It was suggested that each Sub-Committee be composed of three members and that they be appointed by the Monitoring Officer.  It was further noted that co-opted members would have no right to vote and that there was no automatic requirement for a town or parish council representative to take part when a Sub-Committee considered a complaint about a town or parish councillor.

The Head of Legal and Democratic Services advised that, under the Act, there were, technically, no sanctions available for application against a Member though he had listed four possible measures in paragraph 11 of Appendix A which could be used, these being to:

·        Censure the Member

·        Publish the Sub-Committee’s findings in respect of the Member’s conduct

·        Report the Sub-Committee’s findings to the Council (or to the parish council) for information

·        Instruct the Monitoring Officer to (or recommend that the parish council) arrange training for the Member.

A Member suggested that an additional measure could be added in the form of a referral to the respective group leader for action to be taken.   However, other Members were of the opinion that, whilst group leaders could be advised of the outcome of a Sub-Committee decision, it would be inappropriate to expect them to undertake action as this would introduce an unwanted political element.  It was also commented that some Members were not members of a political group and so this measure would not be universally applicable.  Nonetheless the Committee acknowledged the usefulness of introducing  ...  view the full minutes text for item 8.

To consider the requirements of the Local Government Pension Scheme Regulations for each employer to determine its policy with regard to these discretions and recommend a policy to the Council for adoption.

The Committee considered a report by the Assistant Chief Executive (People and Organisation) regarding the requirements of the Local Government Pension Scheme Regulations for each employer to issue a written policy statement on how it would exercise the discretions provided by the Scheme as well as to keep them under review and to revise them as necessary.

Members noted that, whilst the Council had already determined its policy with regard to some discretions, it had relied on the policy decisions of the legacy authorities for others.  However, it was now necessary for the Council to determine its own policy regarding the latter in order to ensure compliance with the Regulations.  To this end a proposed Policy Statement was attached at Appendix A to the report for adoption.

The Committee noted that the majority of the proposed policy decisions within the draft Statement were in line with those originally adopted by the legacy authorities.  However, new policy decisions regarding two discretions involving ‘ill health’ were included as the discretions related to more recent changes to the Regulations.

The meeting welcomed the proposed Policy Statement subject to amendments.

RESOLVED

1          that the Policy Statement on Employing Authority Discretions, attached at Appendix A to the report of the Assistant Chief Executive (People and Organisation), be approved and adopted subject to the following amendments:

Regulation A74 – After ‘Central Bedfordshire Council will’ delete the remainder of the proposed Policy and insert ‘generally seek recompense from the pension fund.  This will be dealt with on a case by case basis.’;

Regulation A76 (2) & (3) - After ‘Central Bedfordshire Council will’ delete the remainder of the proposed Policy and insert ‘generally seek recompense from the pension fund.  This will be dealt with on a case by case basis.’;

2          that Councillor D J Lawrence, as a Trustee and Vice-Chair of Bedford Borough Council’s Pension Fund Committee,  be authorised to offer the amended Policy Statement for use as a guidance document to that Committee.

To consider revised meeting dates for the Committee during the remainder of the current municipal year and the beginning of the next.

Members considered a report by the Head of Legal and Democratic Services which set out revised meeting dates for the Committee during the remainder of the current municipal year and the beginning of the next. 

Members were reminded that on 19 April 2012 Council had approved extended terms of reference for the General Purposes Committee including a provision for a meeting of the Committee to be held in each committee cycle.  To reflect this provision a list of proposed meeting dates had been drawn up for adoption.  In addition the start time for two of the meetings had been brought forward from 10.00 a.m. to 9.30 a.m. to allow the relevant members of the Committee to attend Cabinet on those mornings.

The meeting noted that any changes agreed by the Committee would be placed before Council on 14 June 2012 as part of a wider revision to the calendar of meetings.

RESOLVED

1          that the proposed meeting dates for the General Purposes Committee during the remainder of 2012/13 and the beginning of 2013/14 be approved;

2          that the proposed new start time of 9.30 a.m. for the meetings of the Committee due to be held on 2 August and 6 December 2012 be approved.