Agenda and minutes

Venue: Conference Rooms, Service Headquarters, Exeter

Contact: Steve Yates 01392 872329  Email: syates@dsfire.gov.uk

Items
Note No. Item

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SC/10

Minutes pdf icon PDF 82 KB

of the previous meeting held on 3 December 2018 attached.

Minutes:

RESOLVED that the Minutes of the meeting held on 3 December 2018 be signed as a correct record.

SC/11

Review of Code of Conduct and Complaints Guidance pdf icon PDF 391 KB

Report of the Director of Corporate Services (SC/19/1) attached.

Additional documents:

Minutes:

The Committee considered a report of the Director of Corporate Services (SC/19/1) on proposed revisions to the Authority’s Code of Conduct, its arrangements for dealing with alleged breaches of the Code and the associated guidance documents for making a complaint and outlining the complaints process followed. 

The review had been prompted by publication of the findings by the Committee on Standards in Public Life following its review of local government ethical standards as introduced by the Localism Act 2011; and by a local review in light of recent experience in dealing with complaints. 

The review report by the Committee on Standards in Public Life contained a number of recommended changes to the legislation for ethical standards along with a number of “best practice” recommendations that all public authorities were encouraged to adopt.  While the Devon & Somerset Fire & Rescue Authority arrangements already complied with the majority of the best practice recommendations, the report proposed amendments to give effect to those recommendations not currently addressed.  Stemming from the more local review, the report identified possible changes both to the composition of the Standards Committee and arrangements for dealing with complaints which had been subject to investigation.

RESOLVED

(a).      that the Authority be recommended:

(i)      to delegate authority to the Monitoring Officer to undertake a process for and determine the appointment of two Independent Persons (as required by the Localism Act), with the term of office for each Independent Person to be limited to two years, renewable once;

(ii)     to approve remuneration for the Independent Persons on the basis of £100 for each standards issue they are involved in;

(iii)    to grant an indemnity for the Independent Person(s) required by the Localism Act, in line with the Authority’s indemnity for officers and Members, to meet any reasonable costs incurred in securing appropriate legal advice and representation in respect of any civil or criminal proceedings that may arise from their involvement in Authority standards matters – this indemnity to include the requirement that any expenditure incurred by the Authority under the indemnity be refunded in the event of any court sanction not subsequently overturned on appeal;

(iv)   to amend the Approved Code of Members’ Conduct by:

A.     incorporating the following definition of harassment in paragraph 2.4:

harassment” may be defined as any unwanted behaviour which the individual subject to that behaviour finds offensive or which makes them feel intimidated or humiliated.  This can happen on its own or alongside other forms of discrimination.  Examples of unwanted behaviour include:

·         spoken or written words or abuse;

·         offensive tweets, e-mails or comments on social networking sites;

·         images and graffiti;

·         physical gestures;

·         facial expressions; and

·         jokes;

B.     inserting the following into the General Obligations paragraph of the Code (paragraph 4.1)(you must…)

(6) comply and co-operate fully and openly in any formal standards investigation in which you are either the Subject Member or a witness;

C.     inserting the following into paragraph 4.2 of the Code (you must not…)

(10) make trivial or malicious allegations against a fellow  ...  view the full minutes text for item SC/11

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SC/12

Hearing Process - Right of Representation pdf icon PDF 71 KB

Report of the Director of Corporate Services (SC/19/2) attached.

Minutes:

The Committee considered a report of the Director of Corporate Services (SC/19/2) on issues relating to representation by Subject Members at hearings to determine Code of Conduct breaches and sanctions.

Previous hearing procedures used by the Authority had been adopted from those formerly used by the Standards Board for England.  The former regime, however, had the ability to impose significant sanctions (e.g. suspending a Member) which were no longer available.  Consequently, it was felt that the hearing and pre-hearing processes and explanatory documentation should be amended to provide a more proportionate approach.

RESOLVED that the pre-hearing and hearing process and associated explanatory documentation be amended to indicate that a Subject Member may be accompanied at hearings.

(SEE ALSO MINUTE SC/11 ABOVE)