To notify the Chairman of any items that appear later in the agenda in which you may have an interest.

There were no declarations of interest.

To confirm as a correct record the Minutes of the meeting held on 21^st October 2004.

The Minutes of the meeting held on 21^st October, 2004 were confirmed as a correct record and signed by the Chairman.

Oral report of the Council’s Monitoring Officer.

·        21^st January 2005: Standards Event organised by Durham City Council/Wragge and Co: to receive an oral report from Ian Jamieson who attended.

·        Planned Member Training by Monitoring Officer: -

-       Standards Update on recent changes, etc to be held on 24^th February, 23^rd March and 8^th April 2005, in each instance at 9.30 a.m. in the Council Chamber, Council Offices, Spennymoor.

• Other Events: -

Standards Board:

-       26^th May 2005 : Newcastle : 3 places booked (Chair, Monitoring Officer, plus 1).

-       5^th and 6^th September 2005 : Fourth Annual Assembly of Standards Committees, Birmingham.

21^st January 2005 - Standards Event

I. Jamieson explained that he had attended the above event and gave details of how the day had been structured. 

It was pointed out that consideration had been given to the Code of Conduct, specifically those areas that could be considered as bringing an authority into disrepute. The event also had included a mock hearing, which highlighted the important role of the Monitoring Officer.

Planned Member Training - Standards Update

It was explained that invitations detailing 3 dates, 24^th February, 23^rd March and 8^th April 2005, had been circulated to all Members of the Council. The Monitoring Officer had received a number of responses for all the dates, therefore confirmation would be issued in the future as to when the training would take place.

Standards Board 

26^th May, 2005 

The Monitoring Officer explained that Members would need to nominate a person to attend the event as only three tickets had been issued. It was pointed out that a number of Members were interested in attending the event and had asked the Monitoring Officer to request a further three tickets. It was agreed that the Monitoring Officer would attempt to get the extra tickets and would advise individual Members as to whether they would be available.

5^th and 6^th September 2005

Members were informed that a report would be submitted to a future Cabinet in order to select a Member to attend.

To receive an oral report from the Monitoring Officer.

Members were informed that the Council’s Monitoring Officer had recently attended and chaired the above Group on 7^th January 2005. 

It was explained that during the group meeting discussion had been held regarding training and workshops that would be available. Consideration had also been given to the role of the Monitoring Officer and the majority of authorities had stated that their preferred option would be to enlist the help of an outside organisation when dealing with investigations to prevent potential conflicts of interest.

The next meeting of the Group would be held in April and updates would continue to be brought to the Standards Committee. 

To consider the attached report of the Solicitor to the Council and Monitoring Officer.

Consideration was given to a report of the Solicitor to the Council and Monitoring Officer detailing the effect of a series of changes to the division of responsibilities between Cabinet and full Council.   (For copy see file of Minutes).

Members were informed that the changes would cover a wide range of functions, such as decisions in relation to borrowing and capital expenditure, new planning legislation, licensing, highways, Monitoring Officers resources and overview and scrutiny.

It was explained that decisions relating to the Council’s policy framework, budget, other constitutional and quasi legislative functions, as well as determining an application from a person regarding a licence approval, consent, permission, registration, or direct regulation of a person with any related enforcement actions would be the responsibility of the Council. All other functions would be the responsibility of Cabinet.

Specific reference was made to the requirement of the appointment of staff to support the Monitoring Officer. Members commented that the correct professional support needed to be provided in order for the Monitoring Officer to carry out the extra responsibilities. It was suggested that a report regarding staffing and resource implications be prepared and submitted to Council.

RECOMMENDED:            (1)            That a report regarding staffing and resource implications be prepared and submitted to Council.

                        (2)            That full Council considers the Report, approve the above and delegate to the Monitoring Officer responsibility to amend the Constitution to take account o the changes.

To consider the attached report of the Chief Executive Officer.

Consideration was given to a report of the Chief Executive Officer setting out details of the Council’s Constitution that required immediate change. (For copy see file of Minutes).

It was explained that the Council’s Constitution had been adopted on 24^th May 2002, however it needed to be reviewed regularly to ensure that it reflected existing law and its operation continued efficiently and effectively in delivering the Council’s aims and objectives. 

RECOMMENDED :            That Council approves the amendments set out in the Appendix and directs the Council’s Monitoring Officer :

                        (a)         To amend the Constitution accordingly and make all necessary and consequential amendments; and

                        (b)         To publish an amended version on the Council’s website.

To consider the attached report of the Solicitor to the Council and Monitoring Officer and receive a slide presentation.

Consideration was given to a report and slide presentation of the Solicitor to the Council and Monitoring Officer.  (For copies see file of Minutes).

Members were informed that new Regulations would enable the Standards Board Officers to refer cases down four different paths, including directly to the Council’s Monitoring Officer for investigation. Details regarding the types of cases that would require investigation by the Monitoring Officer, procedures, hearings and penalties were also given.

RECOMMENDED:   (1)   That Council delegates responsibility to the Monitoring Officer to amend the Constitution to take account of the changes.  (Report at Item 8 refers).

                        (2)   That the Monitoring Officer appraises Members of changes and subsequent guidance when made available.

To receive an oral report of the Councils Monitoring Officer regarding the attached reports from the Council’s external legal advisers for Members prepared by Trowers and Hamlins:

Consideration was given to two reports prepared by the Council’s external legal advisers, Trowers and Hamlins. (For copies see file of Minutes).

Conflicts of Interest and Decision-Making Arrangements  

It was explained that the report detailed how Members should be appropriately advised when dealing with conflicts of interest during the Large Scale Voluntary Transfer process.

LSVT Consultation - Further Guidance to Members

Members were informed that the purpose of the report was to provide guidance on a number of issues relating to the proposed LSVT, particularly regarding the provision of information during the consultation process.

RECOMMENDED :            That the information be received and distributed to Members and Officers.  

7^th April 2005 at 10.00 a.m. in Council Chamber, Council Offices, Spennymoor.

7^th April, 2005 at 2.00 p.m. in Conference Room 1, Council Offices, Spennymoor.