1CONSTITUTION WORKING PARTY 27TH JANUARY, 2003 Minutes of the meeting of the Constitution Working Party of the Flintshire County Council held at County Hall, Mold on Monday, 27th January, 2003. PRESENT: Councillor R.K. Evans (Chairman) Councillors L.A. Aldridge, R.C. Bithell, D.M.D. Clayton, Q.R.H.Dodd, E.F. Evans, E. Hall, P.G. Heesom, K. Iball, T.W.Jones, M. Matthews, H.G. Roberts, and N.R.Steele-Mortimer. SUBSTITUTE: Councillor R.P. MacFarlane for Councillor Mrs. A. Slowik. Mr. H. Anderson and Mrs. M. Barlow attended as observers in their capacity as members of the Standards Committee. IN ATTENDANCE: Monitoring Officer and Principal Administration Officer. 1. The Monitoring Officer explained the situation in relation to child protection. 2. It noted that when the letter was passed on, that it should be accompanied by a covering letter indicating that confidentiality should be maintained. 3, 4 & 5. No comment. 6. No additional comments to make. 7. This should be amended by deleting the words "there is a case to answer by the Member concerned" and substituting the words "it would be appropriate to do so". 8. This should be amended by deleting the words "there is no case to answer" and substituting the words "that it is appropriate to do so". 9. To clarify that the Chairman and Vice-Chairman referred to are the Chairman and Vice-Chairman of the Standards Committee. 10-13. It was agreed that this be dealt with separately. RESOLVED: That the Monitoring Officer note the suggested amendments made by the Working Party and prepare the revised draft with a view to it being further considered by the Committee and subsequently the Standards Committee. 13. MINUTES The minutes of the meeting held on 11th November, 2002 were approved as a correct record. 14. REVIEW OF THE COUNCIL'S CONFIDENTIAL REPORTING PROCEDURES The Working Party considered the report of the Monitoring Officer, the purpose of which was to consider the recommendations of the Standards Committee to adopt the Draft Members' Confidential Reporting Procedure which was attached as an Appendix to the report. The Monitoring Officer explained the background to the preparation of the report. The Working Party were informed that the existing approved procedure did not differentiate between complaints which constituted a breach of the Members' Code of Conduct from other complaints. In the circumstances it was necessary to alter the existing Procedure to reflect the requirements that complaints relating to breaches of the Code must be referred to the Local Commissioner. The procedure also only dealt with those cases where employees wished to raise concerns about elected Members but failed to give guidance as to how Members should raise concerns that they may have about officers. Whilst the Council did have a protocol on Member/Officer relations, which was incorporated as part of its Constitution, this did not explicitly set out how a Member should pursue a concern the Member may have about an officer. The Monitoring Officer reported that whilst most Members appreciated that such concerns should be raised with the appropriate Chief Officer and where appropriate could lead to disciplinary action being taken, one Member had questioned the absence of any explicit procedure being incorporated in the Council's Constitution. The Working Party noted that the Standards Committee had addressed this issue as part of the review it had undertaken of the Members' confidential reporting procedures. The Monitoring Officer reported that he had been approached by a Member who had raised certain issues on this matter and felt that the procedure adopted by the Standards Committee did not encompass his point. He expanded upon the point raised by the Member and the advice that he had given him. The Monitoring Officer understood that the National Assembly for Wales were currently examining the Code of Conduct for Officers and he suggested may be useful if he sought their advice as to whether there are likely to be any changes to the Code which might have implications on the Working Party's deliberations. The Working Party discussed this matter in detail and certain Members expressed concern at the anonymity aspect of complaints and felt that this could lead to allegations being made without foundation or "malicious" complaints. To address this point, the Monitoring Officer reported that the Audit Committee were due to consider a report on how to address concerns of a similar nature where allegations were to be investigated and it was recommended that similar safeguards be incorporated in the draft Code. It was also suggested that if any particular Member was not happy in giving their name, then they could approach the Monitoring Officer in confidence. Members felt that the Monitoring Officer could be the point of contact if a Member was not happy with the outcome of any investigation of a complaint about an officer. It was suggested by a Member that to eliminate frivolous complaints, that if a Member did feel he had a genuine complaint, then that should be backed by another Member. The Working Party felt that this was a good suggestion. The Working Party then considered each of the points identified in the proposed procedure in Appendix 1 as follows:- 15. THE RECORDING OF QUESTIONS AND ANSWERS AT COUNTY COUNCIL MEETINGS IN THE MINUTES The Committee considered the previously circulated report of the Monitoring Officer, the purpose of which was to consider a request from a Member to reintroduce the practice of recording questions asked by Members on notice at County Council meetings and any replies to be included in the minutes. The report detailed the background to the revised procedure in relation to recording of such questions and answers in the Council minutes. The Member who raised the issue considered that it was important that members of the public should be able to note from the Minute Book that those questions and answers had been raised. Attached to the report was a further question which he raised at the last meeting of the County Council on 14thJanuary with the response of the County Secretary. The report detailed the options open to the Council. A detailed discussion ensued and the general consensus was that there should be a means of recording such questions in the minutes. However, Members also felt that on occasions this could be misused and result in the Council meetings becoming unworkable. Members also felt that there was general benefit to the Council in such a provision and referred to the previous system which had worked well because the vast majority of Members had adopted a considerate and sensible approach to dealing with such matters. They commented that it was unfortunate that such matters had to be debated in such detail primarily because a single Member was not prepared to adopt a more constructive approach. In conclusion, the Leader of the Council commented that there was no real disagreement with the views but that it was necessary to introduce a process which would ensure that any system introduced would positively assist the work of the Council rather than hinder it. In this respect, the Monitoring Officer suggested that he make some suggestions and report back. RESOLVED: That the Monitoring Officer report back accordingly. 16. CONSIDERATION OF THE INTRODUCTION OF A PUBLIC QUESTION TIME AT COUNTY COUNCIL MEETINGS The Monitoring Officer reported that this item was referred for discussion by the Working Party at the meeting of the Special County Council held on 17th December, 2002. The Leader suggested and it was agreed that four Members with two from the Labour Group, one from the Alliance and one from the Liberal Democrats, visit a Council where such a scheme is in operation as a fact finding exercise and report back to the Working Party. RESOLVED: That a meeting be arranged accordingly. 17. CLWYD THEATR CYMRU - RELATIONSHIP BETWEEN THE THEATR BOARD AND THE COUNT COUNCIL The Monitoring Officer reported that this item was referred for discussion by the Working Party at the meeting of the Special County Council held on 17th December, 2002. The Leader of the Council reported that a full report would be submitted to a future meeting of the Working Party. RESOLVED: That the position be noted. 18. FREEDOM OF INFORMATION ACT 2000 The Monitoring Officer reported upon a request from a Member to incorporate this scheme adopted by the Council as part of the Constitution and it was agreed that this be considered at a later date as discussions relating to the Constitution were ongoing. RESOLVED: That the position be noted. 19. DISTRIBUTION OF PART 2 REPORTS OF THE AUDIT COMMITTEE TO OTHER MEMBERS OF THE COUNCIL The Monitoring Officer reported upon a recommendation of the Audit Committee referred to the Working Party by the meeting of the County Council on 14th January, 2003. At the meeting on 27th November, 2002 the Audit Committee recommended that the Council agree that all reports considered under Part II in accordance with the provisions of the Local Government Act 1972 be distributed to Members of the Audit Committee only. The Monitoring Officer commented upon the situation where Members were entitled to see documents and upon the situation when Members could see documents where they could demonstrate a need to know. A detailed discussion ensued and a number of Members indicated why they supported the principle of the recommendation and why it was necessary for the Audit Committee to make such a recommendation as a number of other Members felt that information should be open to all Members of the Council. After a considered discussion, the Working Party supported the recommendation. RESOLVED: That the position be noted. 20. DURATION OF MEETING The meeting commenced at 10.00 a.m. and finished at 12.25 p.m. ........................................................ Chairman SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL'S CODE OF CONDUCT CONSTITUTION WORKING PARTY DATE: 27TH JANUARY, 2003 MEMBER ITEM MIN NO. REFERS NO DECLARATIONS WERE MADE
