17 April 2013 Appointment of Independent Persons to the ...

Lake District National Park Authority Agenda Item: 12
Authority: 17 April 2013 Page 1
APPOINTMENT OF INDEPENDENT PERSONS TO THE GOVERNANCE COMMITTEE
1 SUMMARY
1.1 Under the Localism Act 2011, the Authority is required to appoint one or more
Independent Persons to assist the Authority in promoting and maintaining high
standards of conduct among its Members.
1.2 An Independent Person must be consulted on a decision to investigate a complaint
and before a decision is made on a complaint. An Independent Person may be
consulted on other Code of Conduct issues, including by the Member who is the
subject of the complaint.
Recommendation that: a
b
c
David Frank Tweddle and Andrew Timothy Southorn be
appointed as Independent Persons to the Lake District
National Park Authority;
That reimbursement of expenses incurred by
Independent Persons be in line with the Member
Allowances Scheme;
That the allowance of £150.00 per annum is payable to
each Independent Person.
2 BACKGROUND
2.1 Under the terms of the Localism Act 2011 the previous regulatory framework for
dealing with complaints against Members was abolished and the Authority is now
responsible for deciding how to deal with Code of Conduct issues at a local level,
including adopting its own local code of conduct and arrangements to deal with any
complaints made against members.
2.2 The Authority is required by the provisions of the Localism Act to appoint at least one
Independent Person.
2.3 The Independent Person:
Must be consulted before the Authority takes a decision to investigate any allegation;
and
May be consulted by a Member of the Authority against whom an allegation has
been made.
2.4 Members considered and adopted a complaints procedure for dealing with
complaints made against Members at Authority Committee on 20 June 2012. The
complaints procedure has been effective from 1 July 2012.
2.5 The process for investigating complaints requires the Monitoring Officer to consult
with an Independent Person and Chair/Deputy-Chair of the Governance Committee
to determine whether or not to investigate a complaint. The Independent Person will
also consider any investigation report with the Monitoring Officer and Chair/Deputy-
Chair of the Governance Committee to decide if a hearing is required.
2.6 Under the terms of the Localism Act, Authority Members are required to confirm the
appointment of any Independent Person.

Lake District National Park Authority Agenda Item: 12
Authority: 17 April 2013 Page 2
2.7 The position of Independent Person was advertised in the Westmorland Gazette, the
Cumberland News and the Cumberland & Westmorland Herald at the end of
January/beginning of February 2013 and applicants were invited to complete an
application form.
2.8 The Monitoring Officer received seven completed application forms and these were
shortlisted on 4 March 2013. The three shortlisted candidates met with John
Thompson, Member and Chair of the Governance Committee, and Steve Ratcliffe,
Monitoring Officer, who chose two Independent Persons to assist the Authority.
2.9 The individuals selected are David Frank Tweddle and Andrew Timothy Southorn.
Members are asked to confirm these appointments.
3 POLICY CONTEXT
3.1 Sound corporate governance lies at the heart of the Authority’s ability to achieve the
key delivery aims of the Vision. The work of the Governance Committee is set out in
the Committee’s Terms of Reference and the Localism Act 2011.
4 OPTIONS
4.1 Members agree with the recommendation of the Chair of Governance Committee
and the Monitoring Officer and appoint David Frank Tweddle and Andrew Timothy
Southorn as Independent Persons for the Authority.
4.2 Members decline to appoint the recommended individuals as Independent Persons
and request the Monitoring Officer to re-advertise the position.
5 PROPOSALS
5.1 David Frank Tweddle and Andrew Timothy Southorn be appointed as Independent
Persons to the Lake District National Park Authority.
5.2 That reimbursement of expenses incurred by Independent Persons be in line with the
Members Allowances Scheme
5.3 That the allowance of £150.00 per annum is payable to each Independent Person.
6 BEST VALUE IMPLICATIONS
6.1 The report has no best value implications.
7 FINANCE CONSIDERATIONS
7.1 The appointment of Independent Persons will incur the Authority in additional
expenditure in the sum of an allowance of £150.00 per annum per Independent
Person together with travel and subsistence expenses.

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Authority: 17 April 2013 Page 3
8 RISK
8.1 The Authority must ensure that there are systems in place to show compliance with
the duty contained in the Localism Act 2011 to “promote and maintain high standards
of conduct” by Members together with a suitable Code of Conduct for Members, a
complaints process by which such Code is enforced which must include a role for
Independent Persons.
9 LEGAL CONSIDERATIONS
9.1 Under the terms of the Localism Act 2011 the Authority is required to appoint at least
one Independent Person who must be consulted before the Authority takes a decision
to investigate any allegations; and who may be consulted by a Member of the
Authority against whom an allegation has been made.
9.2 It is considered to be best practise to appoint two Independent Persons to ensure that
there is no conflict of interest should a member wish to consult an Independent Person
in respect of an investigation. The appointment of two Independent Members will also
ensure that an Independent Member will be available to cover the
holidays/commitments of the other.
10 DIVERSITY IMPLICATIONS
There are no Diversity Implications.
11 SUSTAINABILITY
11.1 There are no significant environmental, economic and social effects.
Background Papers 1:
Background Papers 2:
Background Papers 3:
Author/Post
Date Written 2 April 2013
Localism Act 2011
Independent Person application pack
Completed applications
Julie Wood, Deputy Monitoring Officer and Solicitor

Lake District National Park Authority Agenda Item: 12
Authority: 17 April 2013 Annex 1 Page 1
ANNEX 1
Mr Tweddle is a retired police officer with substantial experience of dealing with complaints
including complaints made against Police Officers and police staff. He also dealt with
internal issues in relation to the Police Code of Conduct. He was a member of the
Standards Committee for Eden District Council from 2007 and Chairman from 2009 to June
2012 when the standards regime changed and he became the Independent Person. In July
2012 he also became the Independent Person for South Lakeland District Council.
Mr Southorn is a retired solicitor who worked in Cumbria. He is a member of Penrith Rotary
Club and since April 2012 he has been a community a representative on the Eden District
Housing Advisory Board, dealing with the provision of affordable and other housing
throughout the Eden district. As a solicitor he has been subject to and operated complaints
processes and is able to be objective and impartial when dealing with complaints.
Both Mr Tweddle and Mr Southorn live in Cumbria and have a keen interest in the National
Park.