Introduction New Councillors w hat happens after the election? - - PowerPoint PPT Presentation

Introduction

New Councillors – w hat happens after the election? Code of Conduct Register of Interests Complaints about Councillors Websites Items Councillors & Clerks need to know Training

New Councillors

• Election takes place on 7 th May 2015
• The first meeting of your Council should

take place w ithin 21 days of the election i.e. by the 28 th May 2015

• Sign acceptance of office form – to be

kept by the Clerk

New Councillors

• 28 days to fill in and sign Register of

Interest form – to send to Monitoring Officer

• Failure to notify Monitoring Officer is a

criminal offence

• If found guilty can be fined up to £5000

and disqualified from being a Councillor for up to 5 years

Duty under the Localism Act

• Duty to promote and maintain high

standards of conduct by members (including co-opted and appointed)

• In discharging this duty the authority

must adopt a code dealing w ith the conduct that is expected of members

• Applies to relevant authorities

(Districts/Tow ns and Parishes)

Code of Conduct

• District, Tow n and Parish Councils must

adopt a code of conduct

• All Codes must include the Seven

Principles of Public Life (Nolan)

• It must provide for the registration and

disclosure of Interests

• Approved by Full Council

Code of Conduct

• Tow n and Parish Councils must decide

themselves w hich code to adopt. This can be the MDDC Code, NALC Code or another code as long as it meets the duties under the Localism Act

• What is the key difference betw een the

NALC code and the Mid Devon District Council Code in terms of Interests?

Code of Conduct – NALC v MDDC

• Differences betw een MDDC Code and

NALC/DALC Code

• Pecuniary Interest – member must

declare and w ithdraw from the room for that item of business

• Personal Interest – member can

participate in the discussion and vote

• n the matter but must declare an

interest

Code of Conduct

• It is good practice to review and update

your Code of Conduct after the election

• The Localism Act states that “A

relevant authority may :-

(a)Revise its existing code of conduct (b)Adopt a code of conduct to replace its existing code of conduct”

Code of Conduct

• Once you have adopted your code you

are required to notify the Monitoring Officer as to w hich Code, w hen adopted and provide a copy

• Must be published on the T& P w ebsite
• We publish on the MDDC w ebsite

Register of Interests

• The Monitoring Officer must establish

and maintain a register of interests

• Elected Councillors and also co-opted

Councillors

• Must include

– Pecuniary Interests – Interests other than Pecuniary Interests i.e. Personal Interests

Pecuniary Interest

A pecuniary interest is defined as:

• an interest that a person has in a matter

because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person.

Pecuniary Interests

• Pecuniary Interests

– Business Interests (e.g. employment, trade, profession, contracts or any other company w ith w hich they are associated) – Wider financial interests (e.g. trust funds, investments and assets including land and property)

Pecuniary Interests

• Pecuniary Interests relate to:

– Councillor – Their spouse or civil partner – A person w ho they are living w ith as husband or w ife – A person w ho they are living w ith as if they w ere civil partners

• You do not have to list your partner’s

name on the form – just list the interest

Pecuniary Interests

• If something arises at a meeting w hich

leads the Councillor to declare a Pecuniary Interest w hich is not already

• n their ROI form they must notify the

Monitoring Officer w ithin 28 days of the delcaration

Personal Interests

• The legislation does not define interests
• ther than Pecuniary Interests
• How ever, these are know n as personal

interests and w ill be defined in your local Code of Conduct

Register of Interests

• Current process cumbersome – involves

redacting signatures, scanning form & publishing on w ebsite by individual Cllr

• MDDC are looking to develop an

electronic ROI form that Councillors can complete

Complaints about Councillors

• MDDC has a procedure on handling complaints

(ie arrangements under w hich allegations can be investigated).

• Principal authorities process allegations and

make a decision w hether there has been a breach of the code but they cannot impose a sanction.

• When complaint made – Councillor is made

aw are of it and asked to give their side of the story

Complaints about Councillors

• Monitoring Officer considers evidence and can

dismiss complaint

• Very few cases go before the Standards Sub

Committee for consideration

• They can recommend a sanction to the Tow n or

Parish Council w hich w ill make decisions on the allegations made.

• Sanctions are very limited

Complaints about Councillors

MO experience is that

• Many Councillors do not understand the

requirements of the Standards Regime

• The public do not understand the requirements
• f the Standards Regime hence w hy so many

complaints are dismissed

Complaints about Councillors

MO experience is that

• When investigating complaints it is quite hard to

find:-

– minutes of T& P Council meetings – Council’s Standing Orders – Council’s Code of Conduct – Evidence w ithin the minutes that declarations of interest have been made, w hether they are pecuniary or personal and the nature of the interest

Websites

• How many of you have a w ebsite?
• How often do you update it?
• Examples of T& P pages on Mid Devon

Website

• New MDDC w ebsite

http://betamiddevon.gov.uk

• Post May MDDC can w ork w ith you to

develop your T& P Council w ebsite

Councillor aw areness

Information overload for new Councillors so a few key points for them:

• Their personal data w ill be published on

the internet via ROI forms, including

– Address – Details of employment If Councillors don’t like this fact they need to consider w hether they w ish to stand to be a Councillor

Councillor aw areness

• Legislation now means that members of

the public can audio record or film your T& P Council meetings

• Councillors need to take care w ith w hat

they say and how they behave

• The Government’s openness and

transparency agenda continues w ith more and more changes to make Councils accountable

Clerk Aw areness

Reminder to keep MDDC updated on:

• Changes to Clerks
• Resignations of Councillors
• Co-options of new Councillors

Please keep us updated w ith any changes that w ill affect the information on the w ebsite

Training

• Post election Monitoring Officer w ill run

a number of training sessions for T& P Councillors

• Also happy to attend any T& P Council

meeting to do a training session

• Keep providing updates & useful

information via Parish Matters