Please Contact: Emma Denny
Please email: emma.denny@north-norfolk.gov.uk
Please Direct Dial on: 01263 516010
09 July 2012
A meeting of the Standards Committee of North Norfolk District Council will be held in the
Council Chamber at the Council Offices, Holt Road, Cromer on Tuesday 17 July 2012 at
2.00 p.m.
Members of the public who wish to ask a question or speak on an agenda item are
requested to arrive at least 15 minutes before the start of the meeting. It will not always be
possible to accommodate requests after that time. This is to allow time for the Committee
Chair to rearrange the order of items on the agenda for the convenience of members of the
public. Further information on the procedure for public speaking can be obtained from
Democratic Services, Tel: 01263 516047, Email: democraticservices@north-norfolk.gov.uk
Sheila Oxtoby
Chief Executive
To: Mr B J Hannah, Mr P W Moore, Ms B Palmer, Mr J Savory, Mr R Stevens, Mrs H
Thompson and Mr P Williams
Mr K Johnson for information.
Members of the Management Team, appropriate Officers, Press and Public.
If you have any special requirements in order
to attend this meeting, please let us know in advance
If you would like any document in large print, audio, Braille, alternative
format or in a different language please contact us
Chief Executive: Sheila Oxtoby, Corporate Directors: Nick Baker & Steve Blatch
Tel 01263 513811 Fax 01263 515042 Minicom 01263 516005
Email districtcouncil@north-norfolk.gov.uk Web site northnorfolk.org
AGENDA
1.
TO RECEIVE APOLOGIES FOR ABSENCE
2.
APPOINTMENT OF CHAIRMAN AND VICE-CHAIRMAN
As this is the first meeting of the Standards Committee under the new regime,
Members are requested to elect a Chairman AND Vice-Chairman for the ensuing
year.
3.
PUBLIC QUESTIONS
4.
MINUTES
(attached – p. 1)
To approve as correct records, the minutes of the meeting of the Committee held on
08 May 2012 and the minutes of the hearing held on 26 June 2012.
5.
ITEMS OF URGENT BUSINESS
To determine any items of business which the Chairman decides should be
considered as a matter of urgency pursuant to Section 100B (4) (b) of the Local
Government Act 1972.
6.
CO-OPTED MEMBERS
To confirm the appointment of co-opted Members to the Committee for the ensuing
year.
7.
DECLARATIONS OF INTEREST
Members are asked at this stage to declare any interests that they may have in any
of the following items on the agenda. The Code of Conduct for Members requires
that declarations include the nature of the interest and whether it is a pecuniary
interest.
8.
PARISH AND DISTRICT MEMBERS’ REGISTER OF INTERESTS AND OFFICER
REGISTER OF GIFTS AND HOSPITALITY
The Parish and District Members’ Register of Interests and Officer Register of Gifts
and Hospitality are available for inspection in the Legal Section.
9.
NEW STANDARDS REGIME
To provide an oral update on the new Standards regime.
10.
MONITORING OFFICER ANNUAL REPORT 2011 – 2012
(attached – p.8 )
To receive the Monitoring Officer Annual Report 2011 – 2012
(Source: Tony Ing, Contact David Johnson (Interim Monitoring Officer)
david.johnson@norfolk.gov.uk)
11.
EXCLUSION OF PRESS AND PUBLIC
To pass the following resolution:
“That under Section 100A(4) of the Local Government Act 1972 the press and public
be excluded from the meeting for the following items of business on the grounds that
they involve the likely disclosure of exempt information as defined in paragraphs 1
and 3 of Part I of Schedule 12A (as amended) to the Act”
12.
LOCAL ASSESSMENT FRAMEWORK CASES
(attached – p.18)
NOT FOR PUBLICATION – Information contained in the report is exempt under
Regulation 8(6) of the Standards Committee (England) Regulations 2008
Summary:
Recommendations:
Cabinet member(s):
Wards Affected:
This report advises Members of complaints
received by the Monitoring Officer, the type
of breaches alleged and the status of the
matters.
Members are asked to note the contents of
the report.
All
All
Agenda Item 4
STANDARDS COMMITTEE
Minutes of a meeting of the Standards Committee held on 08 May 2012 in
the Council Chamber, Council Offices, Holt Road, Cromer at 2.00 pm.
Members present:
District
Councillors:
Ms B Palmer
Mr J Savory
Mrs H Thompson
Independent
Members:
Mrs M Evans
Mr H Gupta
Mr S Sankar
Mrs A Shirley (Chairman)
Parish Members:
Mr R Barr
Mr M Coates
Mr A Nash
Officers in
Attendance:
The Monitoring Officer
The Democratic Services Officer (ED)
1.
TO RECEIVE APOLOGIES FOR ABSENCE
Apologies were received from Mr A Bullen and Mr P Moore
2.
PUBLIC QUESTIONS
None received
.
3.
MINUTES
The Minutes of the Meeting of the Standards Committee held on 13 March
2012 were approved as a correct record.
4.
ITEMS OF URGENT BUSINESS
There were no items of urgent business.
5.
DECLARATIONS OF INTEREST
None
Standards Committee
1
08 May 2012
6.
PARISH AND DISTRICT MEMBERS’ REGISTER OF INTERESTS AND
OFFICER REGISTER OF GIFTS AND HOSPITALITY
The Registers were open to display and were available for inspection in the
Legal Services area.
7.
NEW STANDARDS REGIME PROPOSED ARRANGEMENTS
The Monitoring Officer updated the Committee on the outcome of a recent
meeting of Norfolk Monitoring Officers which had been convened to consider
how to manage the process of introducing the new Standards regime
arrangements. There had also been discussion around achieving a
consensus on the Code of Conduct to enable a consistent approach across
the County. It was agreed that an outline report would be drafted and each
authority would be consulted to see if agreement could be reached on key
areas.
The Monitoring officer explained that no formal decision was required. He felt
that the Standards Committee was the best forum to consider the proposals
and express preferences before a final decision would be taken by Full
Council. He briefly outlined the proposed arrangements:
a) The adoption of the Code of Conduct, together with the guidance for
Members. Two Codes of Conduct had been submitted – one from the
Local Government Association and one from the Department for
Communities and Local Government. At a recent meeting of Council
Leaders, a preference had been expressed for the DCLG version.
Monitoring Officers favoured the LGA Code.
b) The establishment of arrangements for dealing with standards allegations
and the establishment of a Standards Committee.
c) The Appointment of an Independent Person and reserve Independent
Persons. Monitoring Officers had recognised that there could be problems
with recruitment for this post and it was proposed that there was a ‘pool’ of
Independent persons formed that could include current Independent
Members of Standards Committees across Norfolk. Although existing
Independent Members could not be retained by their current Standards
Committee, they would under this proposal, be able to be appointed to
another Standards Committee within the region.
d) The establishment of a register of interests to be kept and maintained by
the monitoring officer and to contain those matters set out in Appendix 3
until such time as the Secretary of State publishes regulations relating to
‘disclosable pecuniary interests’ when the Authority may be asked to
consider new proposals and changes to standing orders in relation to the
registration and declaration of interests.
e) The delegation of dispensation powers under section 33 of the Act to the
Standards Committee and the designation of the monitoring officer as
Proper Officer for the receipt of applications for dispensations.
f) The adoption of such other changes to the Authority’s Constitution as are
necessitated by the changes outlined above.
g) The delegation to the Monitoring Officer of the power to take all steps and
deal with all such ancillary matters as are required to implement any of the
above and to render the council compliant with the Act.
Standards Committee
2
08 May 2012
Members discussed the outline report:
1. It seemed that the principles of the new arrangements were the same as
the existing regime. The only change seemed to be in the processes
involved. The Monitoring Officer agreed. He said that the seven principles
of public life remained an integral part of the new Standards regime. It
was hoped that difficulties in the way complaints were handled could be
avoided in the future and that it was imperative that practice notes were
issued to explain to complainants that some issues were not covered and
to deal with any unrealistic expectations.
2. There was a concern that the current system had been put in place to
ensure that complaints were dealt with independently at a local level and
that a move back to self-regulation could be viewed negatively by the
public. The Monitoring Officer agreed this was a risk. It was hoped that
concerns regarding self-regulation could be addressed with the
appointment of an ‘Independent Person’. In addition, it may be necessary
to review the Monitoring Officer protocol to ensure that it reflected the
member Code of Conduct.
3. The role of the Independent Person could prove to be onerous given the
large number of complaints made to the current Standards Committee.
The Monitoring Officer said that using a ‘pool’ of Independent Persons
could help with this. In response to a further concern that vexatious
complaints should be dealt with early on, he said that the issuing of
practice notes could assist with this.
4. There was a possibility that the Standards Committee could be viewed as
powerless without the option to use sanctions when dealing with
complaints. The Monitoring Officer explained that any complaints referred
to the Committee for a Hearing would be serious rather than trivial. In
addition, for County and District Councils more focus would be placed on
Group Leaders to support the Committee’s decisions and ensure
compliance with them.
5. In response to a concern that any future Standards Committee could be
dominated by one political party, the Monitoring Officer said that there was
also the option to co-opt town and parish councillors onto the Committee.
6. Mrs H Thompson, a District Councillor and County Councillor updated the
Committee on a recent meeting at the County Council to consider the
Outline report. She said that they had agreed to accept the LGA Code of
Conduct but that they intended to alter some of the wording. The
Monitoring Officer added that this was an advantage to the Code being
dealt with locally.
7. At the request of a Member, the Monitoring Officer explained that the
current Standards Committee would be retained until the final regulations
were implemented. The anticipated date was currently 1st July 2012.
8. There was a concern that the role of Monitoring Officer could be reduced
in the future and could eventually become a shared resource between
local authorities. The Monitoring Officer said that currently it was a
statutory requirement that each authority must have a monitoring officer
but there could be a change in how the role was discharged at some
point.
The Chairman asked the Committee to consider the proposals before them in
turn:
Standards Committee
3
08 May 2012
a) A new Code of Conduct
It was agreed that the Local Government Association Code of Conduct was
the preferred option.
b) Retention of a Standards Committee
The Monitoring Officer advised Members that if there was no Standards
Committee in place Hearings would have to be considered by another
committee of the Council.
It was agreed that a Standards Committee should be retained and that parish
and town councillors should be co-opted onto the committee.
c) Recruitment of Independent Members
The Committee agreed to support the proposal for a pooled arrangement for
Independent Persons. One Member abstained.
d) Registration of Interests
The Committee agreed to continue with the existing arrangements until the
publication of regulations relating to ‘disclosable pecuniary interests’.
8.
LOCAL ASSESSMENT FRAMEWORK CASES
The Monitoring Officer updated the Committee on the status of complaints
received.
The meeting concluded at 15.20 pm
___________
Chairman
Standards Committee
4
08 May 2012
STANDARDS COMMITTEE
Minutes of a meeting of the Standards Committee Hearing held on 26 June
2011 in the Council Chamber, Council Offices, Holt Road, Cromer at 2.00 pm.
Members present:
Independent
Member:
Mrs M Evans (Chairman)
District Councillor:
Mr P W Moore
Parish Member:
Mr A Nash
Officers in
Attendance:
The Legal Adviser and the Democratic Services Officer.
Investigating
Officer:
John Chinnery, Solicitor
1
APOLOGIES
None
2
ITEMS OF URGENT BUSINESS
None
3
DECLARATIONS OF INTEREST
None
4
CODE OF CONDUCT COMPLAINT REFERENCE NO 136 NORTH NORFOLK
DISTRICT COUNCIL
The Subject Member was present. The Complainant was not present.
The Chairman introduced the Panel and explained that the Complainant had
made three allegations which were investigated by the Investigating Officer,
John Chinnery. He had found a breach on the third allegation only.
At the Standards Committee meeting on 7th February 2012 the Committee
considered the Investigating Officer’s report and accepted that there had been
no breach in regard to the first two allegations and that part of the complaint was
dismissed at that time. The Hearing Panel would therefore only be considering
the third allegation.
The Legal Adviser then outlined the third allegation of the complaint:
“The Subject Member failed to update his Register of Members’ Interests form to
include his appointment as a member of the North Norfolk Business Forum
made on 18 May 2011”
Standards Committee Hearing
1
5
26 June 2012
The finding of the Investigating Officer was that there had been a breach of the
Code by the Subject Member for failure to register his new appointment to the
NNBF within 28 days. The Legal Adviser explained that registrable interests
were outlined in Paragraph 8 of the Code of Conduct.
The Chairman asked the Subject Member if he wished to respond to the
allegation.
The Subject Member said that he believed he had kept his register of interests
up to date. He acknowledged that he had been overwhelmed by the amount of
paperwork that was provided to all newly elected members. He said that if he
had been aware of any omission he would have corrected it immediately
The Subject Member also said that he did not realise that the Chairman of the
North Norfolk Business Forum was the Managing Director of the company that
was the subject of a planning application that he had spoken in favour of. He
added that it would be helpful if all Members were reminded to update their
register of interests each time they were appointed to an outside body.
The Committee asked the Subject Member questions:
1. The issue of training was raised and whether the Subject Member had
received any guidance on the registering of interests. He said that the week
following his election was hectic and there was a lot of information to take in.
There was just one piece of written guidance relating to the registration of
interests. He added that he had sought legal advice on whether his
appointment to the NNBF was a registrable interest and had received
conflicting advice from two senior officers.
2. In response to a question regarding training provided by the Development
Committee, the Subject Member said that he was a substitute on the
committee and had no recollection of the declaration of interests at meetings
being covered in the training. He added that the training was over a year
ago.
3. The Subject Member was asked about the general induction programme for
newly elected councillors. He confirmed that it did not include conduct at
meetings and agreed that this would be a useful addition to any future
induction programme.
4. The Chairman raised the Subject Member’s role as Chairman of Erpingham
Parish Council and whether he had received any training. He said that he
had not. In response to a further question as to whether he had received any
advice on acting as a substitute at the Development Committee, he
confirmed that had not received any guidance. However, he stressed that he
was only asked to act as a substitute 2 days before the meeting, by which
time he had missed the scheduled site meeting.
The Committee retired at 2.4 0pm to consider the complaint and reach a
decision. They returned at 3.00pm and the Chairman read out the following
statement:
“The Committee carefully considered the report and the oral evidence in coming to
their decision as to whether there had been a breach of the Code of Conduct, and in
particular a breach of paragraph 13(2).
Standards Committee Hearing
2
6
26 June 2012
It was not in dispute that Councillor Smith was appointed to the executive of the
North Norfolk Business Forum on 18th May 2011. Neither was it in dispute that he did
not register this as an interest within 28 days of this date.
The Members found Councillor Smith’s connection with the North Norfolk Business
Forum was a registrable interest and the Committee considered this with regard to
paragraph 8(1)(a) of the Code of Conduct.
In particular the Committee found that it was a registrable interest under paragraph
8(1)(a)(i) and (iv), having been appointed by the Council
The Committee found that this Business Forum did exercise functions of a public
nature and was therefore registrable. This was clear from the overall and key aims
set out in the North Norfolk Business Forum (NNBF) Strategy and Action Plan.
Finding of failure
The Committee found that the Subject Member breached the provisions of the Code
of Conduct paragraph 13(2) by failing to update his Register of Members’ Interests
form in writing within 28 days of his appointment to the executive of the North Norfolk
Business Forum.
Sanctions imposed
In deciding what, if any, sanction to impose, the Committee considered:
•
•
•
The Subject Member was a new Member having no previous experience
in such a role
The Committee regarded the failure to update the Register as a technical
breach arising from a simple mistake at a time, where, as a new Member,
he had a lot of new matters and procedures to deal with.
The Subject Member experienced no personal gain and rectified the
mistake when it came to his notice.
The Committee considered these to be very strong mitigating factors and therefore
decided to take no action in regard to the breach”
The matter being concluded, the Hearing ended at 3.05 pm.
Standards Committee Hearing
3
7
26 June 2012
Agenda Item 10
Monitoring Officer
Annual Report 2011/12
Section
Numbers
Contents
1
Introduction
2
The Monitoring Officer’s Work April 2011 – March 2012
3
Key Messages
4
Looking Forward
5
Overall opinion on the adequacy and effectiveness of the
Governance framework
Appendix 1
List of procurement exemption requests between 1 April 2011 and
31 March 2012
Monitoring Officer Annual Report 2011/12
8
1.
Introduction
1.1
The Monitoring Officer’s Annual Report summarises the more important
matters arising from the Monitoring Officer’s work for the District Council from
1 April 2011 to 31 March 2012 and comments on other current issues.
1.2
Corporate Governance is the system by which local authorities direct and
control their functions and relate to their communities. It is founded on the
fundamental principles of openness, integrity and accountability together with
the overarching concept of leadership. In this respect, North Norfolk District
Council recognises the need for sound corporate governance arrangements
and over the years has put in place policies, systems and procedures
designed to achieve this.
1.3
The Monitoring Officer is appointed under Section 5 of the Local Government
and Housing Act 1989 and has a number of statutory functions in addition to
those conferred under the Local Government Act 2000 and subsequent
regulations governing local investigations into Member conduct. These are
outlined in the next section of the report.
2.
The Monitoring Officer’s Work April 2011 – March 2012
2.1
The Monitoring Officer has undertaken the following work during the year
from April 2011 to March 2012.
Duties
(a) Report on contraventions or likely
contraventions of any enactment or
rule of law.
(b)
(c)
Work undertaken
There has been one breach of the Data
Protection Act. A voluntary disclosure
was made to the Information
Commissioner’s Office who decided no
regulatory action was needed on this
occasion.
There have been no such reportable
incidents.
Report any maladministration or
injustice where the Ombudsman
has carried out an investigation.
Establish and maintain the Register
of Member’s interests and gifts and
hospitality.
Members have been trained in the
provisions of the new Code and have
been issued with Guidance.
The Register of Members Interests is
publicised on the internet and Members
have been reminded about their
obligations through the Members’ Bulletin
and after the election in May 2011.
The Registers remain as a standing item
on the Standards Committee Agenda
and are available for Members or
members of the public to inspect.
Monitoring Officer Annual Report 2011/12
9
Duties
d) Maintain Register of Employees
gifts and hospitality and declaration
of officer’s interests in contract.
Work undertaken
The Registers have been updated
regularly and are open to inspection.
(e)
During the year between April 2011 and
March 2012 a total of 36 complaints have
been received, compared with 29 in
2010/11 and 53 in 2009/10.
Investigate misconduct in respect of
District, Parish and Town
Councillors under the Code of
Conduct.
These have all been assessed in
accordance with the time limits of the
local assessment framework
During that time there have been 12
cases where no further action was
considered necessary by the
Assessment Sub-Committee, compared
with 9 in 2010/11 and 30 in 2009/10.
8 Cases were referred for investigation
(13 in 2010/11) and 16 were referred for
other action (3 in 2010/11). Of the 8
referred for investigation, 1 was found to
have breached the Code of Conduct, 2
were found to have no breach and 5
were outstanding at 31 March 2012.
Of the 36 complaints received, 7 relate to
District Councillors and 29 relate to Town
or Parish Councillors.
Members have regularly sought advice in
order to comply with the Code of
Conduct, particularly in relation to
declaring interests under the Code.
(f)
Investigate breaches of the
Council’s own protocols.
There have been no alleged breaches of
the Council’s own protocols.
(g)
Provide advice to Town and Parish
Councils on the interpretation of the
Code of Conduct.
The Monitoring Officer and his staff have
provided advice to Parish Councils on the
Code of Conduct during 2011/12 face to
face, by letter, telephone and email.
Staff attended Parish Council meetings to
give training and support to Parish
Councils as identified by the Standards
Committee to implement programmes of
“other action” and also where Town and
Parish Councils have requested such
support and it was appropriate to do so.
Monitoring Officer Annual Report 2011/12
10
Duties
(h) Promote and support high
standards of conduct through
support to the Standards
Committee.
Work undertaken
The Standards Committee have received
reports on a range of matters during
2011/12 including;
• The future of Standards for
England and the Local
Assessment Framework.
• Regular reporting of outstanding
cases.
• Reports requested by the
Committee.
• Progress of other action.
• Impact of, and issues arising
from, the Localism Act 2011.
The Standards Committee has been
programmed to meet on a bi-monthly
basis with reserve dates for alternate
months. During the year to 31 March
2012, the Standards Committee actually
met on 6 occasions.
(i)
Liaison with Standards for England.
The Monitoring Officer and his staff
liaised with Standards for England (until
its abolition in January 2012) on the
following matters;
• Individual cases.
• Interpretation of the Code.
• Parish Council matters.
• Performance complaints
(j)
Compensation for
maladministration.
None.
(k)
Maintenance and review of the
Constitution.
The Constitution Working Party was set
up by Full Council on 22 February 2012
to undertake the annual review of the
Constitution and to develop a work
programme for 2012/13.
Amendments from the annual review
were formally adopted by the Council at
its meeting on 18 April 2012.
(l)
Responsibility for complaints made
under the Council’s Whistleblowing
and Anti-Fraud policies.
There have been no complaints made
under the Whistleblowing and Anti-Fraud
policies.
(m) Breaches of the Employee Code of
Conduct.
There have been no formal allegations of
breaches under the Employee Code of
Conduct.
Monitoring Officer Annual Report 2011/12
11
Duties
(n) Advice on vires issues,
maladministration, financial
impropriety, probity and policy
framework.
Work undertaken
The Monitoring Officer or his senior staff
have been consulted on new policy
proposals and on matters, which have
potentially significant legal implications.
The Monitoring Officer and his staff
attend Cabinet, Full Council and other
Committees as necessary.
The report template has been updated
this year but continues to require authors
to forward reports to the Monitoring
Officer for review of the legal implications
prior to submission for agendas where
appropriate or to explain why this has not
been necessary. There has been an
improvement in the number of reports
that are consulted upon in a timely
fashion.
The Monitoring Officer and his senior
staff regularly advise on the legality
and/or appropriateness of administrative
procedures, in conjunction with the
Democratic Services Team.
3.
Key Messages
3.1
The key messages to note from the year are:
(i)
There has been one significant incident arising during the year between
April 2011 and March 2012 and this relates to an accidental release of
personal data. A voluntary disclosure was made to the Information
Commissioner’s Office (ICO) explaining the circumstances of the incident
and the action the Council took to recover the situation. The ICO was
satisfied with the action the Council took and the measures put in place to
prevent a recurrence. The ICO decided that no regulatory action was
required in this instance. However, should there be any further incidents
the ICO may not take the same view. One consequence is that Members
and Officers will need to be reminded about their duties and
responsibilities under the Data Protection Act.
(ii)
The systems of internal control administered by the Monitoring Officer
including compliance with the Council’s Constitution were adequate and
effective during the period for the purposes of the latest Regulations.
However, it is important that Members and Officers are regularly reminded
of their obligations and updated on any changes to ensure there is no
complacency.
Monitoring Officer Annual Report 2011/12
12
(iii)
During 2011/12, one audit was undertaken of relevance to the Standards
Committee and the work of the Monitoring Officer. The review focused on
Corporate Governance arrangements, specifically identifying issues in
relation to Committee terms of reference, Committee reporting and
Member training and development. The recommendations included the
need to make amendments to the Constitution as part of the annual
review and a programme of review to be conducted throughout the year.
In response to this recommendation, the Council established a
Constitution Working Party which has taken on this agenda. The audit
opinion for this review was that the Council’s arrangements provide
adequate assurance.
(iv)
Following the annual review of the Constitution, there will be a significant
number of updates and amendments that will be required to reflect,
amongst other matters, the impact of the Localism Act 2011 and the
management restructuring.
The Constitution Working Party will
recommend updates and amendments at various times during the year
when relevant decisions are made or regulations issued. It will be
necessary to brief Members and Officers on the key updates and
amendments to the Constitution.
(v)
The Council is proactive in raising the standards of ethical conduct among
Members and staff and has put in place arrangements for monitoring
compliance with standards of conduct across the Council. In common
with previous years those arrangements include:
•
Standards of conduct and behaviour for Officers.
•
A Code of Conduct for Members.
•
A Register of Interests.
•
Register of Gifts and Hospitality.
•
The provision of advice on governance matters to Town and Parish
Councils.
•
Arrangements to receive and investigate allegations of breaches of
proper standards of financial conduct and fraud and corruption.
•
Arrangements to ensure the quality of the Legal Service provided.
•
Regular reports to the Standards Committee and ad hoc reports on
major legislative and governance issues are provided to the Corporate
Leadership Team.
4.
Looking Forward
4.1
The key issues for 2012/13 are as follows;
4.2
Code of Conduct
4.2.1
As reported above, the Council has received 36 complaints between April
2011 and March 2012 and will continue to advise the Standards Committee
Monitoring Officer Annual Report 2011/12
13
on the number and type of complaints received under both the current
arrangements and new arrangements (when they come into effect).
4.2.2
Under the provisions of the Localism Act 2011, the Register of Members’
Interests will continue to be administered and updated by the Monitoring
Officer. When the new requirements come into effect it will be necessary for
all councillors to complete amended register forms and for the Council to
publish the register entries on its website for the District, Town and Parish
Councils. Where a Town or Parish Council has its own website, it will also be
necessary for that Town or Parish Council to publish its register entries there.
4.2.3
In addition, all Councils will have to adopt a new Code of Conduct that
incorporates the principles of conduct in public life and appoint an
Independent Person as a point of reference for the Council and Monitoring
Officer in dealing with complaints under the adopted Code of Conduct. The
Council is due to consider a new Code of Conduct at its meeting on 30 May
2012. Once adopted, it will be necessary for the Monitoring Officer to engage
with Town and Parish Councils about adopting their own Codes and
explaining the associated complaints procedures. It is currently expected the
new arrangements will be implemented on 1 July 2012.
4.2.4
Given these imminent changes, and subject to the Council confirming it
wishes to maintain a Standards Committee under the new provisions,
meetings will remain scheduled to take place on a bi-monthly basis during
2012/13 with reserve dates set for intervening months.
4.3
Corporate Governance Framework
4.3.1
The Council will keep the Code of Corporate Governance under review,
taking into account any revisions to associated guidance and any
recommendations arising from audit reports.
4.3.2
The Monitoring Officer will continue to provide an assurance in respect of the
Code and the Annual Governance Statement by way of this Annual Report.
4.4
Constitution and Regulations
4.4.1
Following the annual review of the Constitution by the Constitution Working
Party, amendments have been made as agreed at Full council on 18 April
2012. The Constitution Working Party will have an on-going role and
responsibility for the foreseeable future and has established a programme of
work for the remainder of 2012/13.
4.4.2
As part of those amendments, a new provision was included within the
contract procedure rules requiring the publication of details of the
procurement exemptions approved during the year in the Monitoring Officer
Annual Report. Details are attached at Appendix 1.
4.4.3
It will be appropriate to continue to remind Members and staff of the
importance of compliance with the Council’s regulations, as set out in the
Constitution and other policy framework documents, and the Monitoring
Officer and his staff will give advice accordingly.
Monitoring Officer Annual Report 2011/12
14
5.
Overall opinion on the adequacy and effectiveness of the Governance
framework
5.1
That the systems of internal control administered by the Monitoring Officer
including the Code of Conduct and the Council’s Constitution, were adequate
and effective during the year between April 2011 and March 2012 for the
purposes of the latest regulations (subject to the areas outlined above).
………………………………….
Tony Ing
Monitoring Officer
9 May 2011
Monitoring Officer Annual Report 2011/12
15
APPENDIX 1
List of procurement exemption requests
between 1 April 2011 and 31 March 2012
Section 9 of the Council’s Contract Procedure Rules deals with exemptions as it is
acknowledged that the market place or extenuating circumstances does not always
allow for the normal procedures to be followed. Where exemptions have been
approved there is a requirement for these to be reported as part of the Monitoring
Officer’s Annual Report in line with the Council’s Constitution and Contract Standing
Orders (9.2, pg 9.33).
Service
Description
Legal Services
Procurement of
legal case
management
system
Procurement of
£7,394
website
development for
the Norfolk
Climate Change
Taskforce
£28,815
Installation of a
prefabricated
public
convenience unit
in North
Walsham (actual
unit provided free
of charge)
Environmental
Strategy
Coast &
Community
Partnership
Estimated
Exemption
Value
over Applied
contract life
£25,315
9.1 (a)
Contact
Officer
Emma Duncan
9.1 (c)
Peter Lumb
9.1 (a)
Rob Young
Exceptions (9.2)
It is acknowledged that the market place or extenuating circumstances do not always
allow the full procurement procedures to be followed. Subject to compliance at all
times with European procurement rules, contracts can also be entered into in the
following circumstances:
(a)For the supply of goods or services where there is only one supplier and no
acceptable alternative, following consultation with the Procurement Officer.
(b) For the extension, addition to or maintenance of existing buildings, works plant or
equipment, where the Cabinet has decided that this can only be done satisfactorily
by the original supplier.
(c) As part of a consortium (where the Council is not the lead authority).
(d) A contract that has been tendered by a central government body (the Office of
Government Commerce) or Framework contracts such as the Eastern Shires
Purchasing Organisation (ESPO).
(e) Where there is an urgent Health and Safety requirement, subject to the prior
approval of the Council’s Health and Safety Officer and the relevant Director.
(f) Where the Cabinet considers it desirable on commercial grounds to accept a
quotation from a supplier already engaged by the Council on a project provided that
Monitoring Officer Annual Report 2011/12
16
further services have a connection with the original project and that the price is not
more than 50% of the original contract sum.
(g) For loans arrangements.
(h) On behalf of another authority where the agency agreement provides that the
procurement rules of that authority are to be followed.
Further information can be requested from Duncan Ellis, Procurement Officer on ext
6330 or via email: Duncan.ellis@north-norfolk.gov.uk
Monitoring Officer Annual Report 2011/12
17