Agenda, decisions and minutes

To receive any Declarations and advise Members accordingly.

No declarations of interest were made.

                        Councillor Arnold Woolley queried whether he needed to declare an interest as some of the dispensation requests were from Members on Buckley Town Council.  The Monitoring Officer confirmed that membership of the same Council was not a requirement under the Code to declare an interest. 

To confirm as a correct record the minutes of the meeting held on 5^th October 2015. 

That the minutes be approved as a correct record and signed by the Chairman.

The minutes of the meeting of the Committee held on 2^nd November 2015 were submitted.

Matters Arising

            The Monitoring Officer confirmed that the advice note on interests had been circulated to all County, Town & Community Councillors.    

Mr. Kenneth Molyneux referred to page 5 and queried whether the time limit on the dispensation granted to Councillor Bernie Attridge had been confirmed.  The Monitoring Officer advised that he had not yet spoken to Councillor Attridge but would do so. 

            RESOLVED:

That the minutes be approved as a correct record and signed by the Chairman.

To receive any requests for dispensations.

            That County Councillors Carol Ellis, Dennis Hutchinson and Mike Peers be granted dispensation under paragraphs (d), (f) and (h) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001, and Buckley Town Councillors David Ellis and Jeanne Hutchinson be granted dispensations under paragraphs (d) and (f) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 to:-

·         Be able to speak and answer questions

·         To leave the meeting before the debate takes place

·         Not to vote

·         Communicate with officers in writing

·         Discuss with officers if at least 3 people are present – 2 independent (not another trustee or their spouse) and that the discussions be minuted

·         To apply until the next County Council elections in May 2017

That Councillors Chris Bithell and Helen Brown be granted dispensation under paragraphs (d), (f) and (h) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 to:-

·         Be able to speak at Informal Cabinet and Cabinet meetings and answer questions

·         Not vote and leave the room when voting takes place

·         Discuss with officers if at least 3 people are present (2 to be independent) and that the discussions are minuted

·         Dispensation to apply to the conclusion of the budget setting process for financial year 2016/17 (no later than March 2016)

County Councillors Carol Ellis, Dennis Hutchinson and Mike Peers and Buckley Town Councillors David Ellis and Jeanne Hutchinson

                        The Committee was asked to consider requests for dispensation submitted by Councillors Carol Ellis, Dennis Hutchinson and Mike Peers to participate in communications with officers of both Buckley Town Council & Flintshire County Council in all matters relating to the Old Buckley Baths Community Hall Limited.  Town Councillors David Ellis and Jeanne Hutchinson had requested dispensation to be allowed to discuss matters with Buckley Town Council in all matters relating to the Old Buckley Baths Community Hall Limited.   

                        The Chairman explained that Councillors Mike Peers and Dennis Hutchinson were in attendance to provide any clarification required by the Committee members on the dispensation requests. 

                        The Monitoring Officer explained that the Old Buckley Baths building was currently unused and was a key and historic building in the area.  A limited company had been formed to try and take forward the future use of the building and Councillors Carol Ellis, Dennis Hutchinson and Mike Peers had all been appointed as Directors/Trustees of the company which would be registered as a charity in the future.  The Councillors would need to undertake discussions with officers of Flintshire County Council and debate the matter at meetings of Buckley Town Council and therefore dispensation was being sought to allow this to happen.  The Monitoring Officer explained that the sum of £50,000 had been earmarked by the Town & Community Council for the project.  The Councillors were to serve as volunteers on the not-for-profit company.  Four of the five Councillors had applied to speak but not vote and the Monitoring Officer explained that a precedent had been set in granting dispensation for Hawksbury Community Centre Management Company tospeak but not vote.  He also referred to a dispensation granted to Councillor Veronica Gay where she had been granted a dispensation to speak and not vote and the dispensation had also allowed for negotiation with officers but only if at least three people were present and that the discussion was minuted.  He asked members to bear in mind the previous dispensations when considering the requests before the Committee and added that a good reason would need to be provided if the granting of dispensation was to differ from the precedent set. 

                        Councillor Arnold Woolley sought clarification on whether the company was already established.  He also indicated that the setting up of the company was not being undertaken by Buckley Town Council.  The Monitoring Officer confirmed that the Councillors were already Trustees but that the company was currently a shell company.  He added that the project was an example of the Community Asset Transfer programme. 

                        In response, Councillor Mike Peers explained that the company was registered at Company House but to enable it to have charitable status, a deposit of £5,000 was needed to apply.  He advised that the Trustees were part way through the process of applying for a bank account but this had been held up as the register at  ...  view the full minutes text for item 23.

Report back from the Vice-Chair.  Course notes from the conference will be made available to members of the Committee. 

            That the update be received. 

The Chairman introduced the briefing note that had been prepared by Mr. Robert Dewey following his attendance at the Standards Conference on 20 October 2015.  He advised that the Deputy Monitoring Officer had also attended the Conference. 

                        The Deputy Monitoring Officer explained that he had also attended two workshops, one by One Voice Wales and the second on the complaints procedure undertaken by Rhondda Cynan Taf.  The procedure differed in three ways from that followed by Flintshire County Council Standards Committee and these were:- 

                        (i)         That the complaint had to be received within one month

(ii)        If the complaint was referred to the Local Service Ombudsman and was not pursued by them, it would not be referred back to the Standards Committee to be considered under the Local Complaints Procedure

(iii)       the process followed for dealing with issues of conflict  

Mr. Dewey drew the Committee’s attention to the information on the new White Paper on Town & Community Councils.  He expressed concern about Community Councils that were not aware of the White Paper and the Deputy Monitoring Officer commented that, given the proposals were at this stage a white paper, it was uncertain whether all of the proposals would be taken forward.  He commented on the suggestion of certain benchmarks to allow a Town & Community Council to be “accredited” and to notify the Local Authority and the need for the Local Authority to have a Committee for that purpose. 

Mr Dewey commented that the white paper referred to competency tests. 

Councillor Arnold Woolley thanked Mr. Dewey and the Deputy Monitoring Officer for their attendance at the Conference and the feedback that they had provided. 

Councillor Hilary McGuill indicated that she had submitted apologies as she had been unable to attend due to being in hospital. 

            RESOLVED:

            That the update be received. 

To approve the Annual Report for publication – copy attached.

Once approved, the Report will be sent to all County Councillors, Town and Community Councils and other public bodies for information.  The Committee will be asked to comment on:

(i)         the content of the Report; and

(ii)        the intended circulation list.

            (a)       That the content of the Annual Report be approved; and

            (b)       That the intended circulation list be confirmed. 

The Monitoring Officer introduced the Standards Committee Annual Report for 2014/15 and the circulation list for the report. 

                        The Chairman said that the report provided a good overview of the work that had been undertaken by the Committee during the past 12 months.  The Monitoring Officer asked if Members were in agreement with the proposed circulation list; this was confirmed.       

            RESOLVED:

            (a)       That the content of the Annual Report be approved; and

            (b)       That the intended circulation list be confirmed. 

            That the Forward Work Programme be noted.   

The Monitoring Officer presented the current Forward Work Programme for consideration.   

            He confirmed that the Review of Local Resolution Procedures would be considered at a future meeting of the Committee.  In referring to the topics included for the December meeting, the Monitoring Officer indicated that the Review of protocol on production of Councillor newsletters was part of the monthly programme of reviewing areas of the Constitution.  He felt that it was good practice to undertake such reviews, even if no changes were suggested. 

            RESOLVED:

            That the Forward Work Programme be noted.   

                        There were no members of the public or press in attendance.