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Monday, July 23, 2018

DTC Legal & Finance Committee - 6th September

Aug 23 2012






Minutes of the Meeting of the Legal & Finance Committee held on 6th September 2012 at 2.30pm in the Council Office, Lady Street, Dulverton.




Present: Chairman: Mr Chris Nelder, Mr Rod Coyne, Mrs Chris Dubery, Mr Ian Fleming and Mr Keith Ross.




Apologies for absence and acceptance of any reasons offered:  None




Deferment of business for comments by the public:  None




Declarations of Interest:  None




Code of Conduct & Standing Orders:  




Having considered the options available:




Code of Conduct based on the District/County Model


Code of Conduct based on the N.A.L.C. Model


Town Council to create its’ own Code of Conduct




Members agreed to recommend to full Council that the Code of Conduct based on N.A.L.C. Model is adopted as it was considered more straight forward and easier to understand.




However Members suggest the following amendments:




The Councillors must disclose all pecuniary interests and other interest as per Appendix A & B at the commencement of each meeting regardless as to whether the interest has been registered with the Monitoring Officer.




Councillors with a pecuniary interest must leave the room or chamber during the relevant item of business, unless permitted to remain following a grant of dispensation.




Councillors with other interests, having declared the interest can stay, debate without prejudice, and vote.




That if a meeting is, or becomes, inquorate the item concerned shall either be transacted at the next meeting or the business can be delegated to the Clerk.




It was further agreed that:




 A written request for dispensation should be submitted by all members with regards all organisations within the Parish, in the interest of residents, for the duration of this Council and approved by the Clerk.




Any other requests for dispensation will be referred to Council.




It was noted that following the adoption of a new Code of Conduct by this Council Standings Orders will need revising accordingly.








Somerset Monitoring Officers have agreed that given legal concerns signatures will be removed/retracted from all forms prior to being published on the website.


Furthermore, in an effort to protect privacy of any ‘partner’, when the information relating to declarations of interest is displayed on the website, it will be done in such a way that it will not be clear which interests relate to the elected member and which ones relate to their partner.




Repeal of the Local Government Act 1972, Section 150(5)




Mr Fleming reported to members that in his opinion the proposed legislation would make little difference to the administration of payments as Councils would be able to retain the current method of payment.




Members felt strongly that two signatories should still be required with regards each transaction to reduce the risk of fraud. Concerns were also raised with regards issues which may be raised with regards Fidelity Insurance.




Matters to Report:                   




Barnsclose Fencing: Members unanimously agreed to recommend that Council approve the cost of proposed fencing amounting to £2,278 and that the fencing is erected as soon as practically possible.




Meeting Closed:  3.30pm