Issue - meetings

The Council is recommended to make the resolutions set out in the report at item 6.

At the invitation of the Mayor, Councillor Macleod moved the recommendations of the Standards and General Purposes Committee, duly seconded by Cllr Robini.

Councillors Follows and Martin welcomed the introduction of the protocol as it provided a clarification of the role. Councillor Hyman advised Members that were using paper copies that the Standards and General Purposes Committee had added the words ‘or conflict of interest’ to section 4 on Personal Responsibility. That being noted, Councillor Hyman expressed his support for the proposal. There being no further debate, the Mayor called upon Members to vote and it was

RESOLVED unanimously:

That the proposed Monitoring Officer Protocol, as set out in Appendix 1 to the report, be adopted for inclusion in the Council’s Constitution, with immediate effect.   

The Committee is recommended to make the resolutions set out in the report at item 10.

The Executive Head of Legal and Democratic Services addressed the Committee and introduced the report and proposed Monitoring Officer Protocol set out in Appendix 1. It was noted that Section 5(1) Local Government and Housing Act 1989 and the Localism Act 2011 requires the Council to designate an Officer as the Council’s Monitoring Officer and sets out the responsibility of the designated Officer. The Executive Head of Legal and Democratic Services emphasized the importance of approving and introducing the proposed Monitoring Officer Protocol to ensure legal protection for the Monitoring Officer and to allow the Monitoring Officer to effectively discharge the obligations set out in statute. The Protocol sets out the roles and responsibilities and the limitations of the Monitoring Officer for the benefit of other officers and Members of the Council i.e. the monitoring officer is the Council’s primary legal advisor to the Council, is politically neutral and available to offer impartial legal advice to all Members in the best interests of the Council.

Cllr Hyman had registered to make a statement on the agenda item and was allocated 4 minutes to speak. Cllr Hyman suggested that Members must be able to ensure the accuracy of legal advice or information being provided and argued that there are no ‘checks and balances’ in the Constitution by which the Monitoring Officer be held to account in the case of incorrect legal advice. He further raised a point about section 4.0, bullet points 1 & 2 of Appendix 1, and stated that this would not be appropriate if the Monitoring Officer is the subject of the investigation or has an interest. Finally, he sought clarification about the reference to ‘special persons’ in section 4.0 of Appendix 1.

The Chair invited the Executive Head of Legal and Democratic Services to respond to some of the points raised. The Executive Head of Legal and Democratic Services informed Members that the appointment of two Deputy Monitoring Officers between Guildford and Waverley allows for impartiality to be upheld as the Monitoring Officer can receive independent and professional advice from their deputies.

The Executive Head of Legal and Democratic Services clarified that the Monitoring Officer is personally liable for any legal advice they provide, and the Council can take legal action against the Monitoring Officer in case of a breach or misconduct. Therefore it was clarified that there are ‘checks and balances’ in place. In the event of a conflict of interest, the Deputy Monitoring Officer would act in place of the Monitoring Officer and this can be specified in the clause. With regards to the appointment of ‘independent persons’, it was clarified that this role is designated by the Full Council and if there is a question about their integrity it is within the remit of the Full Council to appoint other ‘independent persons’. It was also clarified that the designation of the Monitoring Officer is the Council decision and the designation of the Deputy Monitoring Officer is delegated to the Monitoring Officer themselves and this is  ...  view the full minutes text for item 10