Agenda and minutes

Venue: Second Floor Conference Room, Swale House, East Street, Sittingbourne, Kent, ME10 3HT

Contact: Democratic Services, 01795 417330 

Media

Items
No. Item

326.

Emergency Evacuation Procedure

Visitors and members of the public who are unfamiliar with the building and procedures are advised that:

(a)      The fire alarm is a continuous loud ringing. In the event that a fire drill is planned during the meeting, the Chair will advise of this.

(b)      Exit routes from the chamber are located on each side of the room, one directly to a fire escape, the other to the stairs opposite the lifts.

(c)      In the event of the alarm sounding, leave the building via the nearest safe exit and gather at the assembly point on the far side of the car park. Do not leave the assembly point or re-enter the building until advised to do so. Do not use the lifts.

(d)      Anyone unable to use the stairs should make themselves known during this agenda item.

 

 

Minutes:

The Chair outlined the emergency evacuation procedure.

327.

Declarations of Interest

Councillors should not act or take decisions in order to gain financial or other material benefits for themselves, their families or friends.

 

The Chair will ask Members if they have any disclosable pecuniary interests (DPIs) or disclosable non-pecuniary interests (DNPIs) to declare in respect of items on the agenda. Members with a DPI in an item must leave the room for that item and may not participate in the debate or vote. 

 

Aside from disclosable interests, where a fair-minded and informed observer would think there was a real possibility that a Member might be biased or predetermined on an item, the Member should declare this and leave the room while that item is considered.

 

Members who are in any doubt about interests, bias or predetermination should contact the monitoring officer for advice prior to the meeting.

 

Minutes:

No interests were declared.

328.

Minutes

To approve the Minutes of the meeting held on 14 June 2022 (Minute Nos. 80 – 86) as a correct record.

Minutes:

The Minutes of the Meeting held on 14 June 2022 (Minute Nos. 80 – 86) were taken as read, approved and signed by the Chair as a correct record.

Part B Minutes for Information

329.

Local Government Association (LGA) Model Councillor Code of Conduct pdf icon PDF 233 KB

Additional documents:

Minutes:

The Deputy Monitoring Officer introduced the report which proposed the replacement of the current Swale code of conduct with the LGA model code of conduct.  He drew attention to page 7 of the report which gave a summary of the LGA code.

 

A Member sought clarification on the declarations that were necessary for financial limits of being an unpaid director as listed in paragraph 3.5 on page 8 of the report.  The Deputy Monitoring Officer agreed to update the document to provide more clarity.

 

Councillor Lloyd Bowen referred to points 2.1 and 2.2 of the Summary of the LGA Code which related to bullying and harassment and said that ‘intimidation’ should also be included.  He proposed that point 2.1 should read “I do not bully or intimidate any person.”  This was seconded by Councillor Sarah Stephen and on being put to the vote, members voted in full support.

 

A Member highlighted that paragraph 5 on page 28 of the report referred to Cabinet members.  The Deputy Monitoring Officer said this paragraph would be updated.

 

Resolved:

 

(1)  That the Standards Committee propose the adoption of the LGA model code of conduct to the Policy and Resources Committee, as a replacement for the current Swale code of conduct.

 

(2)  That the Standards Committee give delegated authority to the monitoring officer, in consultation with the standards working group, to undertake consultation with members and senior officers on the adoption and implementation of the model code of conduct.

330.

Member/Officer protocol pdf icon PDF 270 KB

Minutes:

The Deputy Monitoring Officer presented the report and said that the principle of a member/officer protocol had been discussed previously, as a skeleton structure, and the document set out the first draft of the text and sought members’ views.  He said that the Executive Management Team (EMT) had considered the draft and if agreed by members, the Corporate Leadership Team (CLT) could then be consulted on it.

 

The Chair invited Members to ask questions and make comments.  Points made included:

 

·         Did the LGA have a similar model?;

·         how did the protocol compare to other authorities?;

·         questioned whether the phrase ‘pregnant people’ could be better described at paragraph 10.6;

·         sought clarification on whether a staff member would be guilty of a data breach if they had been requested to do so by a member?;

·         suggested the full Officer Code of Conduct, rather than a link, be included in paragraph 3.2 on page 42 of the Agenda; and

·         not all members had a political affiliation, should the reference to politics at paragraph 3.7 be removed?.

 

In response, the Deputy Monitoring Officer said that the LGA did not have a similar model.  He said that the protocol of other authorities had been looked at and the Swale Borough Council (SBC) model was similar and reflected similar views. The Chair explained that pregnancy was a protected characteristic, and ‘pregnant people’ was more inclusive.  She gave examples of non-binary people that might experience pregnancy.  The Chair confirmed members’ agreement of ‘those that are pregnant’ as an alternative phrase and said that SBC were a progressive Council that needed a progressive document.

 

The Deputy Monitoring Officer explained that if a member of staff had been asked to carry out a task that was a data breach, he would expect them to decline.  He added that members and officers had different responsibilities. 

 

In response to a member’s comments on grammar within the document, the Deputy Monitoring Officer explained that as a first draft, the intention was to gain members’ view on whether the correct issues had been addressed.

 

The Chair thanked officers for their work on the protocol.

 

Referring to recommendation (2), the Chair proposed that after a consultation with CLT, a consultation with wider members and then other officers, and the Union, could follow.  This was seconded by Councillor Roger Clark and on being put to the vote agreed by the Committee.

 

The Deputy Monitoring Officer suggested a briefing before a Full Council meeting as part of the consultation and all members agreed.

 

Resolved:

 

(1)  That the draft protocol at Appendix I was fit for purpose.

 

(2)  That after consultation with CLT, a consultation of the protocol with a wider group of members, other officers and the Union takes place.