Agenda item

Review of Protocol for Meeting Contractors

To undertake a rolling review of the Protocol to ensure it is still up to date and pertinent.

Decision:

(a)       That the parts of the Protocol for Members in their Dealings with Contractors/Developers and Other Third Parties relating to dealings with parties who might be bidding for or seeding a contact with the Council be amended as shown in the Appendix to the report; and

 

(b)       That the parts of the Protocol for Members in their Dealings with Contractors/Developers and Other Third Parties relating to Planning be transferred to the Planning Code of Guidance (to the extent that they are not already incorporated therein) and that the Planning Code of Guidance be updated.

 

Minutes:

The Chief Officer (Governance) explained that the Protocol had been  reviewed  as part of the Committee’s rolling programme of reviewing the Constitution.  The periodic refresh was an opportunity to check that the document remained up to date and pertinent.  He provided background information and said the Protocol explained the considerations that apply to the award of contracts and the determination of planning applications.  It gave guidance on whether Members should meet with people seeking contracts with the Council and safeguards that should be applied if they did so.  The guidance remained necessary although some of the terminology needed updating and the proposed changes were as shown in Appendix 1 of the report. 

 

The Chief Officer explained that the Protocol also gave advice on what Members should do if they were approached or lobbied by either planning applicants or objectors.  The guidance on dealings with developers required updating, however, in addressing these matters the Protocol overlapped with the Planning Code of Guidance. It was suggested that the Protocol d should not seek to duplicate advice given elsewhere and the parts of the document relating to planning should be removed and the Planning Code of Guidance be updated instead.  This document would be updated and reported to the Planning Strategy Group before being presented to the Constitution & Democratic Services Committee….The amended Protocol should then be included within training and induction programmes for officers who award contracts and Members of Cabinet. 

 

            Referring to Appendix 1, Councillor Chris Bithell raised a number of queries on the proposed changes to the Protocol.  The Chief Officer responded to the comments and questions and provided clarification on where text had been inserted and deleted in the tracked changes.  In response to the suggestion  by Councillor Bithell the Chief Officer agreed to amend the wording on page 27, paragraph 1.3, to read as follows: “One of the overriding principles that must be complied with is that officers and Members should show no undue favour to any contractor”.  The Chief Officer also agreed to the further suggestion by Councillor Bithell that an additional precaution be included in section 6, page 28, that recordings of meetings/conversations should not be made without permission.

Councillor David Evans commented been on a matter which had been brought to his attention by a resident in his Ward concerning the progress of a planning application regarding a business.  The Chief Officer advised that the Protocol did not prevent Members from advocating on behalf of residents in their Ward or other people.  However, he agreed that further clarification could be helpful to outline the appropriate and positive role Members could undertake as community representatives if approached by applicants to request assistance in the progress of a business application which could benefit the Council or their Ward without the Member incurring any potential legal ramifications for the Council.  In response to a further question by Councillor Evans concerning paragraph 1.3,  page 27,  the Chief Officer provided explanation of  the meaning of the terminology ‘undue favour’ as referred to and said this was to avoid personal, or personal and prejudicial interests, being made by Members.

 

The recommendation in the report was moved by Councillor Chris Bithell and seconded by Councillor David Evans.

 

RESOLVED:

 

(a)       That the parts of the Protocol for Members in their Dealings with Contractors/Developers and Other Third Parties relating to dealings with parties who might be bidding for or seeding a contact with the Council be amended as shown in the Appendix to the report; and

 

(b)       That the parts of the Protocol for Members in their Dealings with Contractors/Developers and Other Third Parties relating to Planning be transferred to the Planning Code of Guidance (to the extent that they are not already incorporated therein) and that the Planning Code of Guidance be updated.

 

Supporting documents: