NORTH YORKSHIRE FIRE AND RESCUE AUTHORITY
STANDARDS COMMITTEE
Minutes of the meeting held on 23 July 2009 at North Yorkshire Fire Training Centre, Oaklands Way, Easingwold.
PRESENT:-
Mr Roger Thompson (in the Chair); City Councillor Keith Aspden (as Substitute for TomHolvey), Mr Phil Beavers, Mrs Kim Dawson, City Councillor Christina Funnell and County Councillor Michael Knaggs.
COPIES OF ALL DOCUMENTS CONSIDERED ARE IN THE MINUTE BOOK
1. Minutes
RESOLVED -
That the Minutes of the meeting held on 29 January 2009, having been printed and circulated, be taken as read and be confirmed and signed by the Chairman as a correct record.
2. Questions or Statements from Members of the Public
There were no questions or statements from members of the public.
3. Annual report of THE Standards Committee
CONSIDERED –
The report of the Monitoring Officer presenting the draft Annual Report of the work of the Standards Committee which aimed to assist in raising the profile and awareness of the Committee and ethical standards generally.
Members commented that the draft Annual Report was very comprehensive and complete and was an accurate representation of the Committee’s work.
RESOLVED –
That the draft Annual Report, as set out at Appendix 1 to the report, be approved for presentation to the next meeting of the North Yorkshire Fire and Rescue Authority.
4. Local Ethical Framework Developments
CONSIDERED –
The report of the Monitoring Officer providing a briefing on developments regarding the locally managed ethical framework. The developments related to the following:-
· Introduction of an abbreviated version of the name of the Standards Board for England to “Standards for England” and a change of emphasis in its role;
· Standards Committee (Further Provisions) Regulations 2009 which allowed Standards for England to suspend a relevant authority’s local assessment functions; enabled authorities to establish Joint Standards Committees; and amended the powers of Standards Committees to grant dispensations to Members with a prejudicial interest. Standards for England had issued Guidance documents on the issues to which the Regulations referred.
· Recently issued Standards for England Guidance on “other action” by Monitoring Officers. This clarified what could constitute “other action” which the Monitoring Officer could be asked to take in relation to a complaint that a Member might have breached the Code of Conduct.
The report also advised that the following parts of the new Local Ethical Framework were not yet in force:- Application of the Code to Members’ private conduct; and new Codes of Conduct for Members and Officers.
The Committee discussed, in particular, the new Regulations which enabled authorities to establish Joint Standards Committees to deal with all or any functions of a Standards Committee. It was noted that Standards for England had produced three model governance structures for Joint Standards Committees, one of which (Model C) related to a Joint Committee to carry out all the functions of a Standards Committee. The Guidance suggested that this model was most appropriate for single purpose authorities such as Police or Fire Authorities which had less contact with the public than local authorities and received fewer complaints. However, Standards for England did not recommend the adoption of this model by local authorities.
Members commented that they had previously been very interested in the potential for Joint Standards Committees but had been disappointed to learn of the amount of bureaucracy which would be involved as this might not achieve the efficiencies which it was hoped joint working arrangements might produce. The Monitoring Officer advised that she did not currently have links, concerning Standards Committee work, with other Fire Authorities, although she was a Member of the Fire Lawyers’ Network and worked with other Fire Authority Solicitors within the region on regional matters.
RESOLVED –
(a) That the report be noted.
(b) That the Committee’s Dispensation Request Procedure be amended as set out in Appendix 4 to the report.
(c) That the Committee’s Complaint Assessment Procedure be amended as set out in Appendix 6 to the report and that reports on the “other action” taken by the Monitoring Officer be submitted to the Assessment Sub-Committee.
(d) That the Monitoring Officer consider whether there is scope for participation in Joint Standards Committees, explore the issue with colleagues in other Fire Authorities, and report to a future meeting of this Committee.
5. Appointments to standards committee complaints Sub-Committees
CONSIDERED –
The report of the Monitoring Officer inviting the Committee to appoint to its Complaint Assessment Sub-Committee, Complaint Review Sub-Committee and Complaint Determination Sub-Committee.
Members suggested that appointments to Sub-Committees should be by rota so that all Committee Members could gain experience of the work of each Sub-Committee. The Monitoring Officer requested opportunity to report to the next meeting concerning the suggestion of appointments by rota and asked the Committee to make appointments to Sub-Committees at this meeting in case business came forward for those Sub-Committees prior to the Committee’s next meeting.
RESOLVED –
That the following appointments to Sub-Committee be approved and the Monitoring Officer report to the Committee’s next meeting concerning the suggestion that appointments to Sub-Committees should be by rota.
Complaint Assessment Sub-Committee
Membership
1. Mr Roger Thompson (Chair) (Independent Member)
2. City Councillor Christina Funnell (Authority Member – CYC appointed)
3. County Councillor Michael Knaggs (Authority Member – NYCC appointed)
Substitutes
1. Mrs Kim Dawson (Independent Member)
2. Mr Phil Beavers (Independent Member)
3. City Councillor Tom Holvey (Authority Member – CYC appointed)
4. County Councillor Andrew Williams (Authority Member – NYCC appointed)
Complaint Review Sub-Committee
Membership
1. Mrs Kim Dawson (Chair) (Independent Member)
2. City Councillor Tom Holvey (Authority Member – CYC appointed)
3. County Councillor Andrew Williams (Authority Member – NYCC appointed)
Substitutes
1. Mr Phil Beavers (Independent Member)
2. Mr Roger Thompson (Independent Member)
3. City Councillor Christina Funnell (Authority Member – CYC appointed)
4. County Councillor Michael Knaggs (Authority Member – NYCC appointed)
Complaint Determination Sub-Committee
Membership
1. Mr Phil Beavers (Chair) (Independent Member)
2. City Councillor Kim Funnell (Authority Member – CYC appointed)
3. County Councillor Michael Knaggs (Authority Member – NYCC appointed)
Substitutes
1. Mr Roger Thompson (Independent Member)
2. Mrs Kim Dawson (Independent Member)
3. City Councillor Tom Holvey (Authority Member – CYC appointed)
4. County Councillor Andrew Williams (Authority Member – NYCC appointed)
6. Complaint Investigation and Determination Procedures
CONSIDERED –
The report of the Monitoring Officer inviting the Committee to consider revised draft procedures for the local investigation and determination of complaints. First full drafts of revised versions of the Complaints Investigation and Determination Procedures had been prepared and work was continuing to shape and simplify those procedures so that they could be presented to the Committee’s next meeting for approval. In the meantime, the Committee was recommended to adopt a short, pro-tem procedure under the new local regime for each of the investigations and determinations stages incorporating, by reference, the procedures for investigations and determinations set out in the legislative framework and the Standards for England Guidance. The interim procedures were set out at Appendix 1 to the report.
RESOLVED –
That the draft interim Complaints Investigation and Determination Procedures, as set out at Appendix 1 to the report, be approved and published on the North Yorkshire Fire and Rescue Service’s website.
7. Communications Strategy and Ethical Survey
CONSIDERED –
The report of the Monitoring Officer providing an update regarding the Ethical Survey distributed to all Members and officers of the Authority.
A supplemental paper was circulated at the meeting which outlined Members’ responses to the survey. (A copy of the supplemental paper is in the Minute Book.)
During debate concerning the responses described in the supplemental report, Members commented that they were heartened that Members were generally aware of the Code of Conduct and the importance of high ethical standards. It was noted that the results indicated areas where the Committee could do more work, namely, raising awareness of the statutory General Principles concerning conduct of Authority Members; raising awareness of the process for raising concerns in relation to a Code of Conduct issue; improving the way the Authority publicised the Code of Conduct; and training which was considered to be patchy in places.
It was noted that the responses of officers to the survey were required before any overall conclusions could be reached.
RESOLVED –
That the responses of both Members and officers be presented at the next meeting.
8. UPDATE - Use of Ethical Statements
CONSIDERED –
The report of the Monitoring Officer providing an update regarding the use made of the various Authority statements regarding standards issues. It was noted that the statements had been used in the context of the general promotion of the Standards regime by the Authority and that reference to the work of the Standards Committee had been included in the Annual Governance Statement and included in the Statement of Final Accounts. The Chief Fire Officer/Chief Executive and Leading Member Statement on the expectation of highest standards from Members and Officers had been included in the published Corporate Plan, together with a link to the Fire Service’s website where the Codes of Practice and general Standards information could be found. In addition, the Monitoring Officer had used the Statements at the induction training for new Authority Members and she, in consultation with colleagues, was continuing to consider other ways in which the ethical Statements could be used and promoted.
RESOLVED –
That the report be noted.
9. Use of Dispensations Granted
CONSIDERED –
The report of the Monitoring Officer providing an update regarding the use made of the dispensations granted by the Standards Committee. Dispensations had been granted to various Members of the Authority who were also Members of North Yorkshire County Council to enable them to participate fully in decisions by the Authority concerning the award of contracts to the County Council. Those dispensations had now lapsed but had been relied on once at a meeting of the Authority held on 14 February 2005.
The Monitoring Officer reported orally that Standards for England had advised that general dispensations could not be granted and that she wished to have opportunity to clarify that advice.
RESOLVED –
(a) That the report be noted.
(b) That, subject to the Monitoring Officer seeking further guidance from Standards for England, Members of the Authority who are also Members of North Yorkshire County Council be invited to apply for a dispensation in respect of the award of contracts to North Yorkshire County Council.
10. ONLINE Register of Members’ Interests
CONSIDERED –
The report of the Monitoring Officer providing an update on the operation of the online Register of Members’ Interests published on the North Yorkshire Fire and Rescue Service website. It was noted that, following the local government elections on 4 June 2009, Authority Members had had to register/re-register their interests under the Code of Conduct. The online Register of Members’ Interests had therefore been removed from the website until that process was completed but would be republished in the near future.
RESOLVED –
That the report be noted.
11. Developments, Complaints and Findings/guidance from the standards board
CONSIDERED –
The report of the Monitoring Officer providing an update on the development of the ethical agenda and advising that no new complaints against Authority Members had been received since the previous meeting of the Committee. The recent Annual Return concerning the performance of the Standards Committee was appended to the report and it was noted that the Return would be taken into account in the Use of Resources Assessment.
RESOLVED –
(a) That the report be noted.
(b) That places be booked at the eighth Annual Assembly of Standards Committees for Mr Roger Thompson to attend on 12 October 2009 and MrPhilBeavers to attend on 13 October 2009.
12. Standards Bulletin
CONSIDERED –
The report of the Monitoring Officer presenting a draft Standards Bulletin.
Mrs Kim Dawson reported on her attendance at a meeting of the Yorkshire and the Humber Independent Members’ Forum held on 28 April 2009 when the issue of behaviour at Council meetings had been discussed.
RESOLVED –
That the Bulletin be updated to reflect the decisions made at today’s meeting and be circulated to Members of the Authority.
13. Standards Training
CONSIDERED -
The report of the Monitoring Officer concerning training proposed for the Standards Committee and also for all Members and officers of the Authority once the outcome of the consultation paper on new Codes of Conduct for Members and officers was known and once the Authority’s Ethical Survey had been completed.
RESOLVED –
(a) That the report be noted.
(b) That training for Committee Members be held on the rising of the meeting of the Standards Committee to be held on Thursday, 15 October 2009.
(c) That Standards training for Members and officers of the Authority be included as part of the next Authority Members’ Seminar.
14. Work Programme 2009
The report of the Monitoring Officer inviting the Committee to consider its future Work Programme. Amendments which had been made to the Work Programme were as follows:- Deferral of the item “Complaints and Ethical Indicators Report” from today’s meeting to the meeting to be held on 15 October 2009; the inclusion of an item regarding Interim Complaint Investigation and Determination Procedures for the meeting on 15 October 2009; and the inclusion of an item relating to the development of a Protocol for Member/Officer Relations for the meeting on 15 October 2009.
It was noted that the Committee was scheduled to review Members’ attendances at meetings on 15 October 2009.
RESOLVED –
That the Standards Committee’s Work Programme, as set out in Appendix 1 to the report, be approved.
15. Next Meeting
RESOLVED –
That it be noted that the next meeting shall be held on Thursday 15 October 2009 at 10.30 am at North Yorkshire Fire Training Centre, Oaklands Way, Easingwold.
RAG/ALJ
2009-07-23 - Fire Standards Minutes/7