Agenda and minutes

Members are asked to declare any interests in the items under consideration and in doing so state:

(1) the type of interest concerned either a

(a)   personal interest

(b)   prejudicial interest

(c)    disclosable pecuniary interest (DPI)

and

(2) the nature of the interest concerned

If any member requires advice on declarations of interests, they are advised to contact the Head of Democratic Governance in advance of the meeting.

There were no declarations of interest.

To agree the minutes of the last meeting held on 3 December 2020 as a true and correct record.

The Committee agreed that the minutes of the meeting held on 3 December 2020 be signed by the Chair as a correct record.

To consider the Local Government Association Voluntary Model Code of Conduct.

The Committee received a report from the Monitoring Officer which outlined the proposed Local Government Association Voluntary Model Code of Conduct.  The Code had been produced by the Local Government Association (LGA) following a consultation exercise carried out from June to August 2020.  The proposed Code was designed to apply across all local authorities to ensure consistency across the country.  Members noted that the Code did not bring into effect any revised powers or duties as those required legislative changes but was intended to bring together best practice across local authorities.  The report proposed that the Code be referred to a workshop with the Chair, Vice Chair, an Opposition Member, the Independent Persons and representatives from Fylde Borough Council to consider the model Code in greater depth. 

The Monitoring Officer provided the Committee with an outline of a survey of Monitoring Officers carried out by Lawyers in Local Government (LLG) which indicated a mixed level of take-up, at the time of the survey.

The Monitoring Officer reminded the Committee of the reciprocal arrangements with Fylde Borough Council and informed them that a similar report on the Code was also being presented to Fylde’s Audit and Standards Committee that evening.

Members discussed the report and made reference to the LGA consultation, in particular the proposal to raise the threshold for declaring gifts and hospitality from £25 to £50.  The consultation stated that most survey respondents had supported £25 as the threshold for gifts and hospitality, however the threshold in the proposed Code remained at £50. 

The Monitoring Officer stated that although a large part of the model had been welcomed to bring about consistency of interpretation, there was some reticence amongst local authorities with regards to some aspects of the proposed Code and that, should the Committee accept the report recommendations, matters such as these could be examined in greater detail by the workshop.

Resolved:

1.      To refer the Code to a workshop with the Chair, Vice Chair and an Opposition Member from this committee, representatives from Fylde Borough Council Audit and Standards Committee, its Monitoring Officer and the three Independent Persons on whether to:

-          adopt the LGA Model Code in its entirety,

-          to amend the LGA Model Code and update with aspects of the Council’s current code, or

-          update the Council’s current code as appropriate with parts of the LGA Model Code

and report back to this committee by way of recommendation.

Resolved:

That under Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972, the public and press be excluded from the meeting during consideration of Agenda Item Four, Code of Conduct Matter.

To consider a Code of Conduct matter.

(This item contains personal information regarding an individual which is exempt from publication by virtue of Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972.)

The Committee considered a Code of Conduct matter in respect of an allegation in relation to Councillor Blackburn submitted under the Council’s arrangements for dealing with complaints about the conduct of members. 

The Chair welcomed the Investigating Officer, Mrs Brown and the subject member, Councillor Blackburn to the meeting.  It was noted that the Independent Person, Mrs Broughton, had been unable to attend the meeting and her comments had been provided to the Monitoring Officer.

In line with the Hearing Procedure, Mrs Brown outlined her investigation and findings and the Committee had the opportunity to ask her questions.

Councillor Blackburn provided the Committee with his representations and the Committee had the opportunity to ask him questions.

The Monitoring Officer provided the Committee with Ms Broughton’s comments.

Both Mrs Brown and Councillor Blackburn left the meeting whilst the Committee deliberated the investigation report and returned to hear the decision.

Resolved:

1.      That there was no breach of the Code of Conduct in respect of decisions made by Councillor Blackburn on the loans to Blackpool Pleasure Beach.

2.      That there was a breach of the Code of Conduct in respect of Councillor Blackburn’s failure to declare gifts and hospitality from Blackpool Pleasure Beach.

3.      That by way of a censure, a report of the findings of this hearing be reported to the next ordinary council meeting for information, including reference to the apology from Councillor Blackburn.

4.      That this report to Council also act as a reminder to all councillors about the importance of being open and transparent in their dealings with accepting and registering such items and not to leave their conduct open to question.

5.      That the provision within the current Code of Conduct in relation to acceptance of and declaration of gifts and hospitality, be reviewed as part of the workshop being convened to review the current Code of conduct in line with the LGA Model.

6.      That emphasis in this review in particular be given to elected members being advised to exercise caution in accepting gifts or hospitality, in order to protect their position and the reputation of the authority.

7.      That following this workshop, it be noted that refresher training on the receipt of gifts and hospitality for all members of the Council will take place, with particular regard to those elected members on the Executive, company chairs and others in roles of special responsibility.

8.      To confirm that under Section 11.2.2 of the complaints procedure agreed by the committee on 03 December 2020 a decision notice be published online.

The Decision Notice is attached as a supplement to these minutes.

The Decision Notice is attached as a supplement to these minutes.