Agenda item

The Committee was reminded that the Localism Act 2011 introduced a new ethical standards regime for local government in 2012 which, amongst other things, required the Council to seek the views of an Independent Person before it took a decision on an allegation of misconduct by a councillor which it had decided to investigate.  At Guildford, the Monitoring Officer also decided, after consultation with the Independent Person, whether a complaint merited a formal investigation. The Independent Person’s views could also be sought by the Council at any other stage in a misconduct complaint, or by a councillor against whom an allegation had been made.

The Council was also required to use its Independent Persons in respect of dismissal or disciplinary procedures against the Head of Paid Service, Monitoring Officer or Chief Finance Officer in accordance with the provisions of The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015.

In accordance with the requirements of Section 28(7) of the Localism Act 2011, the Council had appointed Vivienne Cameron, Roger Pett, and Bernard Quoroll as Independent Persons, for a term of office expiring in May 2019.

The three independent persons had been appointed by the Council on the recommendation of a joint appointments panel comprising the respective monitoring officers, at that time, of Guildford, Waverley and Mole Valley Councils.  The Committee had approved the joint approach with participating Surrey councils to short-list and interview candidates and make recommendations to the respective councils for the appointment of Independent Persons, at its meeting on 23 July 2015.

This Council’s Independent Persons, and others appointed elsewhere, also acted in that capacity for a number of other councils in Surrey.  With their term of office ending in May 2019, the Committee was asked to approve a procedure for the appointment/re-appointment of the Council’s Independent Persons similar to that which was adopted in 2015.

Following consultation with the ten other Borough and District Councils in Surrey and Surrey County Council, the following councils had expressed a wish to participate with Guildford in the joint appointments panel for the appointment of Independent Persons:

• Epsom and Ewell
• Mole Valley
• Reigate and Banstead
• Spelthorne
• Surrey Heath
• Waverley

The Committee noted that, although authorities were permitted to pay their Independent Persons an allowance or expenses, this Council had opted in 2012 to pay only travel expenses.  It had been suggested that this arrangement should continue.

The Committee accordingly

RESOLVED:  

(1)   That the Democratic Services Manager be authorised to establish a joint appointments panel with participating Surrey councils’ monitoring officers so that the panel may:

(a)   advertise for, short-list, and interview candidates and

(b)   make recommendations to the respective councils

for the appointment of Independent Persons under Section 28(7) of the Localism Act 2011, for a four-year term of office expiring in May 2023.

(2)   That the Independent Persons appointed by this Council be entitled to receive the same level of travelling expenses as are provided for councillors under the Scheme of Allowances for Councillors.

Reason:

To comply with the Council’s obligations under the Localism Act 2011 in respect of ethical standards and The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015 in respect of dismissal and disciplinary arrangements for statutory officers.