Issue - meetings

ADVICE ON INTERESTS AND COMMUNITY ASSET TRANSFERS

Meeting: 05/10/2015 - Standards Committee (Item 16)

16 ADVICE ON INTERESTS AND COMMUNITY ASSET TRANSFERS pdf icon PDF 50 KB

To approve the attached draft advice note on interests and community asset transfers for circulation to County Forum and community councillors.

Additional documents:

Decision:

That, subject to the amendments, the advice note be approved and circulated to all county, town and community councillors.

Minutes:

The Monitoring Officer presented the draft advice note on interests and community asset transfers for comment, prior to circulation to all county, town and community councillors.  The Chairman thanked him for the training session on this topic prior to the start of the meeting, which he hoped had been beneficial to all those present.

 

The launch of the community asset transfer initiative in 2014 had generated much debate across the county, leading to expressions of interest by 19 councils and 24 community groups in running 174 of the Council’s assets to date.  As it was feasible for a councillor to have more than one role, eg  town or community council, county council or involvement with a community group, there was a need to carefully consider whether a personal or personal and prejudicial interest should be declared.  The advice note, which had been drafted with relevant sections of the Code of Conduct and guidance from the Ombudsman, set out how interests could arise and where exemptions might apply with a reminder that dispensation could be sought if needed.

 

On seeking the Committee’s views, the following changes were noted:

 

·         Paragraph 1.02: amend the second sentence to read ‘It is possible that there will be a debate at the county council where there is a councillor who is either on the town/community council or community group taking the asset.’

·         Paragraph 2.01: amend (ix) to read ‘any public authority, charity or body directed to charitable purposes, private club, society or organisation in which the councillor holds a position of management or of which the councillor is a member.’

·         Paragraph 2.04: amend the first sentence to read ‘When declaring a personal interest a councillor must state that it is personal and give the reason for the interest.’

·         Paragraph 3.01: amend the second sentence to read: ‘Whilst they may seem very wide ranging they do not apply if the matter is an application for any approval, consent, licence, permission or registration.’

·         To amend the contact telephone number of the Chief Officer (Governance) at the end of the document and to add contact details of the newly appointed Deputy Monitoring Officer.

 

The Chairman welcomed representatives of town and community councils and sought their views on the advice note.  It was commented that the note provided clarity on the subject and was a useful reference document.

 

In response to a query on dispensation time limits, the Monitoring Officer explained that the Committee was able to grant dispensation for a maximum of four years and that his advice was for the Committee to base its decision on whether the circumstances were likely to change over that period.

 

The Monitoring Officer stated that the amended note would be circulated to town and community councils, along with county councillors, to provide guidance on the process.  He suggested that the note could also be highlighted at the next County Forum meeting and made available on the County Forum webpage.

 

RESOLVED:

 

That, subject to the amendments, the advice note be approved  ...  view the full minutes text for item 16