To submit
the report of the Monitoring Officer
(attached).
Minutes:
Submitted
- the report of the Monitoring Officer inviting the Committee to discuss and
decide whether to amend the procedure for applications for dispensations.
The
members were asked to consider the propriety of allowing those applying for
dispensation to appear before the Committee.
There were three available options, namely:-
·
To allow applicants to appear
before the Committee and submit their applications in person. However, this
would increase the risk of receiving additional information on the day that
would not have been sufficiently scrutinised.
·
To allow applicants to appear
before the Committee to further explain their application by answering
questions only.
·
To continue with the current
procedure based on a written report by the Monitoring Officer, along with a
copy of the application form, as well as any additional information received by
officers after contacting the applicant.
During the
discussion, the following points were noted:-
·
It would not be mandatory for
applicants to appear before the Standards Committee, therefore in relation to
the comment in the report that the procedure would be costly in terms of time
for the applicant, it would be their choice whether or not to attend the
meeting. Also, it was not anticipated that the travelling costs would be
substantial.
·
The number of applications for
dispensation was much lower than some years ago, during the school organisation
process.
·
Enabling the applicant to get
his or her point across in person was very important.
·
It was possible for an
application to be clear on paper, and that the applicant did not need to
attend, but it would be good to give them the opportunity, if needed.
·
Unsuccessful applicants in the
past had said that they would have benefited from being able to attend the
Committee to provide further explanation.
However, that explanation might not necessarily have made a difference
to the outcome.
·
As the members' questions were
likely to come from a slightly different direction to the officers' questions,
it was not possible for the officers to anticipate what questions were likely to
come up at the Committee and to ask those questions of the applicants at the
time of summing up the information for the Committee.
·
There was room to strengthen
the contact with the Town and Community Council clerks as County Council
officers were not able to answer questions about the business of the council in
question.
·
It was extremely important
that applicants filled the form in full and there was a risk, in inviting
applicants to the meeting that they would not bother much with the contents of
the form. It was also possible that
some people were having difficulty completing the form.
·
The recommendation 'insisting'
that the Clerk provide a letter explaining the context was placing them under
too much pressure, and it should note, rather, that they were 'expected' to
provide a letter.
RESOLVED
(a) To allow those
applying for dispensations to attend meetings of the Standards Committee to
answer possible questions by the Committee only, if they wish. This is on condition that:-
·
They are not
allowed to present their case.
·
They are
expected to have completed their application forms comprehensively and
accurately.
(b) To allow
dispensation for members to be present at the meetings to answer questions
about their application.
(c) To review the
procedure following a reasonable period of time.
(ch) To revise the
procedure for applying for dispensations in respect of Town and Community
Councils to note that the Clerk is expected to provide a letter explaining the
context which should be submitted with the application.
(d) To delegate the
power to provide guidelines for a questioning procedure based on the contents
of the report to the Monitoring Officer.
Supporting documents: