The Chairman welcomed all to the meeting and everyone introduced themselves.

The Chairman will advise the meeting of the evacuation procedures to follow in the event of an emergency. This is particularly important for visitors and members of the public who will be unfamiliar with the building and procedures.

The Chairman will inform the meeting whether there is a planned evacuation drill due to take place, what the alarm sounds like (i.e. ringing bells), where the closest emergency exit route is, and where the second closest emergency exit route is, in the event that the closest exit or route is blocked.

The Chairman will inform the meeting that:

(a) in the event of the alarm sounding, everybody must leave the building via the nearest safe available exit and gather at the Assembly points at the far side of the Car Park; and

(b) the lifts must not be used in the event of an evacuation.

Any officers present at the meeting will aid with the evacuation.

It is important that the Chairman is informed of any person attending who is disabled or unable to use the stairs, so that suitable arrangements may be made in the event of an emergency.

The Chairman ensured that those present were aware of the emergency evacuation procedure.

To approve the Minutes of the Meeting held on 10 November 2015 (Minute Nos. 322  - 326) as a correct record.

The Minutes of the Meeting held on 10 November 2015 (Minute Nos. 322 – 326) were taken as read, approved and signed by the Chairman as a correct record.

Councillors should not act or take decisions in order to gain financial or other material benefits for  themselves or their spouse, civil partner or person with whom they are living with as a spouse or civil partner.  They must declare and resolve any interests and relationships.

The Chairman will ask Members if they have any interests to declare in respect of items on this agenda, under the following headings:

(a)          Disclosable Pecuniary Interests (DPI) under the Localism Act 2011.  The nature as well as the existence of any such interest must be declared.  After declaring a DPI, the Member must leave the meeting and not take part in the discussion or vote.  This applies even if there is provision for public speaking.

(b)          Disclosable Non Pecuniary (DNPI) under the Code of Conduct adopted by the Council in May 2012.  The nature as well as the existence of any such interest must be declared.  After declaring a DNPI interest, the Member may stay, speak and vote on the matter.

(c)          Where it is possible that a fair-minded and informed observer, having considered the facts would conclude that there was a real possibility that the Member might be predetermined or biased the Member should declare their predetermination or bias and then leave the room while that item is considered.

Advice to Members:  If any Councillor has any doubt about the existence or nature of any DPI or DNPI which he/she may have in any item on this agenda, he/she should seek advice from the Director of Corporate Services as Monitoring Officer, the Head of Legal or from other Solicitors in Legal Services as early as possible, and in advance of the Meeting.

No interests were declared.

The Monitoring Officer introduced his report which provided an overview of Monitoring Officer work in the past year; an opportunity to review and learn from experience; and a wider context to the importance of good ethical behaviour.

The Monitoring Officer highlighted sections within the report and welcomed questions and comments from Members.

Constitutional Review and Revision

The Monitoring Officer reported that the Constitution had recently undergone a review in October 2016, and he highlighted the key elements of the review, as outlined in Paragraph 7 of the report.  He advised that the Constitution would be maintained on an annual basis, and more frequently if necessary.  The Monitoring Officer referred Members to the external auditor report which had supported the governance framework of the Council, and he was pleased with the positive comments received from the auditors.

Lawfulness and Maladministration

This provided an update and the Monitoring Officer advised there was nothing further to add.

Good Governance and Code of Conduct

The Monitoring Officer reported that he had attended a Monitoring Officer Standards Conference which provided a national perspective on standards issues.  He drew Members’ attention to Paragraph 21 in the report, and in particular, that the regime only applied when a Member was acting in their official capacity.  He advised that the Department for Communities and Local Government (DCLG) were considering whether to consult further on the sanctions that could be imposed, bearing in mind the damage that a Councillor’s action could have on a Council’s reputation where serious breaches of the Code of Conduct had been identified.  In response to a question, the Monitoring Officer explained that each case had to be taken on its own merits, and often this was whether a Councillor was acting in a Councillor, or non-Councillor role.

A Member suggested that training be provided to Swale Borough Council (SBC) Members on these issues.  The Monitoring Officer stated that this could be added to the Member Training programme, and tailored to be specific to SBC Members and issues that they might encounter.

Looking at examples in the report, the Monitoring Officer explained that there was no statutory basis to remove a Councillor, as a sanction, and until the DCLG looked into this further, this remained the status quo.

For further clarification, the Interim Deputy Head of Legal Partnership explained that if a Member posted a message, they needed to be aware that even if they were not posting under the status of ‘Councillor’, the message they were sending out could be taken as being that of a Councillor.

Local Context

The Monitoring Officer explained that an advantage of the new regime was that he had greater flexibility in responding to an issue, so that it could be dealt with at an early stage, by him issuing informal advice, particularly in the case of Parish Councils.  In terms of issues relating to planning and decision-making, the Monitoring Officer explained that additional wording had been added to SBC agenda to make Members aware of predetermination and bias.  ...  view the full minutes text for item 988.

The Monitoring Officer introduced the report which provided an update on progress with Member Training and Development since November 2015, outlining actions taken by the Member Development Working Group (MDWG) to-date and their future work programme.

The Monitoring Officer reported that the e-learning tool would soon be ready to roll-out to Members.  He encouraged Members, on behalf of the MDWG, to attend training sessions and stated that feedback from the MDWG had noted that these sessions were well received.

Members made the following comments:  most training sessions were on a Thursday, this was not always convenient for all Members, could the day be varied?; e-learning was a very useful training tool; safeguarding and housing briefings had been very useful; suggest Police update briefings be offered to Parish Councils to attend as well; shadowing was a good method of learning; more information needed on Data Protection; and technology could mean that Members could ‘attend’ training sessions, via social media, whilst still at home.

In response to a question, the Monitoring Officer advised that the e-learning package could draw-down nation-wide relevant training, and the training be catered for the needs of SBC Members.

The Interim Deputy Head of Legal Partnership explained that she was currently amending the Data Protection package to make it relevant to SBC.  She advised that e-learning was not a replacement for attending actual training sessions in person.

Resolved:

(1)      That the report be noted.