Agenda and draft minutes

Apologies for absence were received from Councillor Rossi with Councillor Pennington substituting.

It was proposed by Councillor Brenton, seconded by Councillor Clarke and –

Resolved:

That the Minutes of the meeting held on 26 August 2020 be agreed and signed as a correct record.

A recorded vote was taken.

(Vote: Unanimous)

Councillor Pennington was yet to arrive to the meeting.

Mr Clark the Parish Representative does not take part in the Committee voting.

Members with interests to declare should refer to the agenda item and describe the nature of their interest when the item is being considered.

The Chair asked that declarations of interest be made as and when the specific agenda item to which they related was under discussion.

It was proposed by Councillor Laws, seconded by Councillor Clarke, and

Resolved: That the agenda, as circulated, be agreed.

A recorded vote was taken.

(Vote: Unanimous)

Councillor Pennington arrived at 10.12am

There were no urgent matters bought forward.

To receive an update from the Head Legal and Governance & Monitoring Officer

The Head of Legal & Governance & Monitoring Officer presented the list of best practice issued by the Committee of Standards in Public Life. TDC already undertakes most practices however the Head of Legal & Governance & Monitoring Officer ran through each practice individually for discussion. TDC last reviewed their Code of Conduct in 2018 and the Head of Legal & Governance & Monitoring Officer suggested now might be a good time for it to be reviewed.

Councillor Brenton asked that the Head of Legal & governance & Monitoring identify which practices TDC do not already undertake.

Best Practice 1 – TDC already follows this practice. Following a query from Councillor Hawkins with regards to the procedure to follow after witnessing an incident the Head of Legal & Governance & Monitoring Officer advised the situation would first try to be settled informally with the independent person before taking it further. There is a protocol to follow which can be emailed out and is on the Authority’s website. After a short discussion it was agreed to keep this practice.

Best Practice 2 – TDC does not follow this practice. Councillor Brenton suggested that in addition to this practice the wording ‘politically motivated’ be added which was agreed and accepted by the Committee.

It was proposed by Councillor Brenton, seconded by Councillor Clarke, and

Resolved: That TDC’s Code of Conduct be reviewed.

A recorded vote was taken.

(Vote: Unanimous)

The Head of Legal & Governance & Monitoring Officer suggested that any recommendations Members made today be brought back with track changes to the next committee meeting with new proposals, this was agreed.

Best Practice 3 - The Head of Legal & Governance & Monitoring Officer confirmed this is not updated every year and is not a public consultation.  Meetings are held with other Devon Monitoring Officers. After a brief discussion it was agreed to include.

Best Practice 4 – TDC does follow to this practice.

Best Practice 5 – TDC update the gifts and hospitality register if there is a change not every quarter as stated in this practice. After discussion it was agreed not to update very quarter but to advise Democratic Services of any gifts or hospitality and a reminder should be sent annually.

Following a query from Mr Clark the Head of Legal & Governance & Monitoring Officer confirmed the limit to declare is £25 and above. Members mentioned what they had previously received.

Best Practice 6 -  TDC does not follow this practice. The Head of Legal & Governance & Monitoring Officer advised it would be helpful to follow. After a brief discussion it was agreed to accept.

Best Practice 7 – TDC does follow this practice however currently the Authority only has one Independent Person with the other position vacant. In the discussion that followed, it was suggested that a press release be conducted with the Chair and Mr Clark both being involved. Both were happy with this  ...  view the full minutes text for item 14.

It was agreed that the review of amendments to Best Practice and review of Hearing Procedures be brought to the next committee meeting.

The Chair to move :

That the public be excluded from the remainder of the meeting because of the likely disclosure of exempt information as defined in )Part 1 of Schedule 12A of the Local Government Act.

It was proposed by Councillor Laws, seconded by Councillor Brenton and –

Resolved:

That under Section 100(a)(4) of the Local Government Act (as amended) the public be excluded from the meeting for the following items of business because of the likely disclosure of exempt information by virtue of Paragraph 3 of Part 1 and Paragraph 10 of Part 2 of Schedule 12A of the Local Government Act 1972.

A recorded vote was taken.

(Vote: Unanimous)

To receive a verbal update from the Head Legal and Governance & Monitoring Officer

The Head of Leal & Governance & Monitoring Officer provided a verbal update on a current complaint briefly outlining the details and sought Members opinions. 

It was proposed by Councillor Laws, seconded by Councillor Brenton, and

Resolved: To come out of Part II and close the meeting.

A recorded vote was taken.

(Vote: Unanimous)

The Chair thanked everyone for attending.