Standards and Audit Committee

24 October 2003
City Council
5 November 2003
Draft Protocol onitorin! Officer
"e#ort by$ %ead of &e!al Services ' Strate!ic Su##ort Directorate
(ard )m#lications$ All (ards
FOR DECISION
1. Syno#sis
1.1 The purpose of this report is to consider the need for a Monitoring Officer
Protocol and to see! the Co""ittee#s appro$al to a draft local Protocol.
%. "ecommendation
%.1 The Co""ittee is re&uested to appro$e the draft Protocol attached at 'ppendi(
' and su)"it it to Cit* Council for appro$al.
+. *ac+!round
+.1 The Monitoring Officer is a statutor* appoint"ent under Section , of the -ocal
.o$ern"ent and /ousing 'ct 1010.
The /ead of -egal Ser$ices is the Council#s Monitoring Officer.
+.% The role of the Monitoring Officer has su)stantiall* increased as a result of the
-ocal .o$ern"ent 'ct %222. The Monitoring Officer has a !e* role in the
ethical fra"e3or!.
+.+ The Ne3castle Charter sets out the role and responsi)ilities of the Monitoring
Officer.
+.4
+.,
The 'udit Co""ission carried out an audit on the Role of the Monitoring
Officer at Ne3castle Cit* Council 5%22%6%22+7. The 'udit Co""ission
&uestionnaire co"pleted on )ehalf of the Monitoring Officer included a &uestion
as to 3hether the Monitoring Officer had agreed protocols for liaison 3ith other
Officers and Me")ers. Officers replied that there 3ere no separate protocols
agreed )ut that the rele$ant issues 3ere co$ered in the Charter.
8hilst it 3as not a reco""endation of the 'udit Co""ission it is suggested
that it 3ould )e ad$antageous to prepare a Protocol consolidating "ain
pro$isions regarding the Monitoring Officer fro" the Charter. The preparation
of a protocol 3ould also pro$ide an opportunit* to "a!e a for"al record of
current practice for e(a"ple the Monitoring Officer#s access to Corporate
Tea" papers.
4. Draft Protocol
4.1 ' Draft Protocol for the Monitoring Officer is attached at 'ppendi( ' for the
Co""ittee#s consideration.
4.%
The Draft Protocol pro$ides guidance for Me")ers and Officers a)out the role
of the Monitoring Officer and includes the follo3ing "ain pro$isions9
5a7 The functions of the Monitoring Officer.
5)7 Section , of the -ocal .o$ern"ent and /ousing 'ct 1010 pro$ides that
the Monitoring Officer has to prepare a report 3here it appears to her
that an* proposal decision or o"ission )* the Council )* an*
Co""ittee or Su):Co""ittee of the Council or an* office holder or
e"plo*ee or an* ;oint Co""ittee has or is li!el* to contra$ene the la3
or 3here there has )een a finding of "alad"inistration )* the -ocal
Co""issioner.
The Protocol therefore includes details of the Council#s procedures
3hich are designed to a$oid the need for the Monitoring Officer to issue
a statutor* report. These include the Codes of Conduct and Registers9 a
"echanis" for dealing 3ith O")uds"an Reports and access to
"eetings and docu"ents.
5c7 8or!ing arrange"ents including resources and the Deput* Monitoring
Officer.
5d7 Responsi)ilities of Me")ers and Officers to3ards the Monitoring Officer
so that all issues that should )e )rought to the Monitoring Officer#s
attention are.
,. A##roval of t,e #rotocol
,.1 The Co""ittee is re&uested to appro$e the draft Protocol for su)"ission to
Cit* Council.
,.% It 3ill )e included in The Ne3castle Charter.
<ac!ground Papers 5/eld )* /ead of -egal Ser$ices on File 88S2222=7
517 'udit Co""ission report : >The role of the Monitoring Officer Ne3castle Cit* Council?
%22%6%22+.
5%7 >-egalit* Protocol : Ne3castle Cit* Council? : 'udit %22%6%224.
5+7 Cit* of 8a!efield Metropolitan District Council : Monitoring Officer Code of Practice.
547 -eeds Cit* Council : Monitoring Officer Protocol.
5,7 <ir"ingha" Cit* Council#s Monitoring Officer Protocol.
5=7 >Monitoring Officers or @The strange case of the dog that 3as not heard to )ar!#? :
Peter Aeith:-ucas.
5B7 >Monitoring Officer : The Role of the Monitoring Officer follo3ing the -ocal
.o$ern"ent 'ct %222? : Peter Aeith:-ucas.
517 Draft Monitoring Officer Protocol : 8ragge C Co.
Contact Officer9: /elen 8ilson : Solicitor 5e(t. %B1%%7
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