Agenda item

Where

What

Why

Paragraph 1

That individuals may seek advice from the Monitoring Officer or Deputy Monitoring Officer about whether the code of conduct applies in any given situation. 

To manage expectations and to encourage early consultation and communication with the Monitoring Officer or Deputy Officer which will often enable early and informal resolution of issues. 

Paragraph 2

Explicit statement on keeping Waverley Exempt documents confidential.

For the avoidance of doubt. 

Paragraph 2

Clarification that bullying or harassment is not acceptable under the code. 

The Committee also requested that Intimidation be added to this list.

In the interests of transparency.   To make explicit what is already referred to by cross-references between this code and the member/officer protocol.  In line with best practice advice

Paragraph 5

Clarification that detail needs to be given in respect of interests registered and that the register needs to be updated if circumstances change. 

The Committee requested that the word “promptly” be added so that any changes be done as soon as possible.

To promote public transparency.  To support the Monitoring Officer in providing advice to members on the implications of their interests.  In light of issues encountered by the previous Monitoring Officer and lessons learnt as a result.

Paragraph 5 (and DPI annexe)

Clarification that disclosable pecuniary interests refer to past and potential future matters as well as present ones. 

In line with best practice advice.  In light of issues encountered by the previous Monitoring Officer and lessons learnt as a result.

Paragraph 5 (3)

The Committee requested that the words “reasonably expected” be added

The Committee agreed with the Independent Members suggestion that care should be taken concerning the word “expected” in circumstances where someone might argue that an interest had a lesser degree of confidence than expected.

Paragraph 6

Inclusion of statement on the importance of declaring of interests that are non-pecuniary but which members judge may nonetheless undermine their ability to make an open-minded and objective decision and that members should declare and withdraw when this is the case.  

The Committee agreed with the Independent Person that the words “as soon as you become aware of it” should be added.

In line with best practice advice.  In light of issues encountered by the previous Monitoring Officer and lessons learnt as a result.

Paragraph 6(4)

The Committee was fully supportive of this addition as it reinforced the point that minimal compliance with the rules was insufficient to demonstrate integrity in all circumstances. The Committee would prefer some qualification to be added.

Officers noted members comments and would look at some revised wording to support this comment.

Where

What

Why

Paragraph 1

Simplification of introduction.  Deletion of detailed description of Council’s duties. 

To convey the key facts to the reader in plain English. 

Paragraph 3

Clarification that name and address of complainant will only be withheld in exceptional circumstances.

In response to feedback received from members. In the interests of fairness and transparency. To set realistic expectations for complainants and.  In line with Local Authority best practice.

Paragraph 4

Inclusion of specific criteria Monitoring Officer will refer to in determining the validity of a complaint. 

In line with best practice advice and in line with legislation.  To ensure the process by which complaints are accepted or rejected is clear and transparent. 

Additional guidance about who is notified and when at the commencement of the process.

To address gaps in existing guidance.  In line with best practice advice.

To clarify that allegations of a criminal nature, including the non-disclosure of disclosable pecuniary interests, may be shared with the Police or other regulatory agencies. 

To reflect and be transparent about existing practice. 

Paragraph 4

The Committee made a number of suggestions to amend this paragraph following both the Independent Members comments and those from Councillor Jerry Hyman who spoke at the meeting. These are noted below:

(a) add “if a  clear public interest in doing so”

(c) add “only” after relate”

(e) add about being subject to a different code (corporate complaints procedure)

(i-j) Add about vexatious complaints.

4^th new paragraph refer to 30 ‘calender’ days.

last paragraph add that complaints could be dealt with through informal “mediation” and change “identifies” to “alleged”

Paragraph 7

To clarify that meetings of the Hearing Panel will be made in public but that papers will not be made available in advance.

The Committee requested that officers looked at the wording regarding confidential papers in case there were any data protection issues

In line with best practice advice and to reflect and be transparent about existing practice.  

Paragraph 8

The Committee requested that the word “may be” be changed to “Shall” in the opening paragraph

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Paragraph 11

Clarification about role of the Independent Persons.

To reflect the IP protocol the Council is already working to.  To ensure all parties understand who may contact the IP and why.

Where

What

Why

Paragraph 2

Clarification that interests should be declared under ‘declaration of interests’ item. 

For the avoidance of doubt.

Inclusion of statement encouraging members to advise Democratic Services in advance wherever possible. 

To provide sufficient time for officers to consult the Monitoring Officer where needed.  To give committee officers the best chance to provide the right support and advice to committee chairmen and members. 

Deletion of cross-reference to paragraph 4(1) of code of conduct. 

To avoid confusion / simplify the guidance.  

Paragraph 3

Addition of sentence to clarify the guidance on predisposition vs predetermination.

The Committee suggested that Officers looked at the proposed wording to keep it simple. It was suggested that it could be “You must not have predetermined the matter before the meeting”

To provide clearer guidance to members in light of the Localism Act. 

Paragraph 4

Clarification on circumstances under which it would not be appropriate for a member to call in a planning application (where the member has a DPI or may be biased).

For the avoidance of doubt.

Paragraph 5

Clarification that officers should attend formal meetings with applicants, developers or groups of objectors. 

The Committee also suggested that Officers looked at the wording, perhaps dividing it into 2 paragraphs, to give guidance between public exhibitions and private meetings with developers.

For the avoidance of doubt. In light of issues encountered by the previous Monitoring Officer and lessons learnt as a result.

Paragraph 7

Clarification that although simple membership of a community interest group may not lead to a non-pecuniary interest, that specific office (for example chairmanship or vice-chairmanships) of the same group is likely to.

For the avoidance of doubt.

Paragraph 8

Clarification that members with a disclosable pecuniary interest or where there is a risk of the appearance of bias should not attend site visits.

For the avoidance of doubt. In light of issues encountered by the previous Monitoring Officer and lessons learnt as a result.