356 Delegation of Power to give Dispensations to Code of Conduct Interests PDF 111 KB
To consider the report of the Monitoring Officer, (copy enclosed).
Minutes:
The Council considered the report of the Monitoring Officer that recommended a change to the Scheme of Delegation and Terms of Reference for the Joint Standards Committee (JSC) to speed up the process of granting dispensations required by Members relating to the Code of Conduct and to aid more objective decision making.
The Chairman introduced the item and deferred to the Leader of the Council to present the report. The Leader advised that this was a means of making the system more efficient and effective as there was not always time to setup a Joint Standards Committee to deal with the issue of dispensation. This would allow for delegation of dispensation to the Monitoring Officer in consultation with the Independent Person. She then moved the recommendation in the report and this was duly seconded.
In response to issues raised the Monitoring Officer provided the following information:
· That the reason this delegated process was being put forward was that currently only the Joint Standards Committee had the delegated power to grant dispensations. However often, and in the recent past in relation to a planning matter, requests were made for dispensations as all Members on the Committee had the same interest which would have prevented transaction of business. The only way business can be transacted is if dispensations are granted to the affected Members.
· That the granting of dispensations in relation to effects of declaring interest can be applied by an individual Member or any number of Members.
· That given arrangements were more rigorous under the New Code of Conduct this delegated option would ensure important business was not deferred.
The Chairman then put the recommendations to the Council and they were agreed by assent.
RESOLVED
(i) That the Officer Scheme of Delegation is amended to delegate a power to the Monitoring Officer in consultation with the Independent Person to grant dispensations relating to the effects of declaring interests under the Members Code of Conduct and to refer matters to the Joint Standards Committee at the discretion of the Monitoring Officer;
(ii) That the Terms of Reference of the Joint Standards Committee be amended, as follows:
From:
16 Granting dispensations to elected and co-opted Members in respect of
Disclosable Pecuniary Interests, Other Pecuniary Interests and Non-Pecuniary Interests.
To:
16 Granting dispensations relating to the effects of declaring interests under the Members Code of Conduct when a request for a dispensation is referred by the Monitoring Officer.