Venue: Committee Room - Neuadd Maldwyn, Welshpool, Powys. View directions
Contact: Elizabeth Patterson 01597 826980
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To authorise the Chair to sign the minutes of the previous meeting(s) of the Committee held on the following dates(s) as a correct record: · 16th December 2016 Minutes: The Chair was authorised to sign the minutes of the meeting held on the 16th December 2016 as a true record subject to the following amendment:
PRESENT: Independent (Lay) Member Mrs H Rhydderch-Roberts (Chair) Independent (Lay) Members: Mrs C Jackson, Mrs J Evans, Mr S Hays, Mrs S Jarman County Councillors Mrs K M Roberts-Jones, Mrs K S Silk
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Apologies To receive apologies for absence. Minutes: No apologies for absence were received. |
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Declarations of interest To receive any declarations of interest from Members relating to items to be considered on the agenda. Minutes: A declaration of interest had previously been received from County Councillor P Medlicott in relation to the matter to be heard at this meeting. County Councillor Medlicott had not received the papers for this meeting.
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Exempt Items To consider whether or not the press and public should be excluded from the hearing into the report of the Public Services Ombudsman for Wales under:
· Section 100 (A) 4 of the Local Government Act 1972 (as amended) on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 13 of Part 4 of Schedule 12A of the Act,
Members are asked to consider whether the public interest in maintaining the exception outweighs the public interest in disclosing the information, when considering excluding the public from this part of the meeting.
Minutes: The Clerk Mrs Patterson left the meeting before the following items were considered due to a potential conflict of interest raised with the Committee by Councillor A Davies.
The Committee considered the matter of whether the public should be excluded from the Hearing. The Public Services Ombudsman for Wales (PSOW) advised that whilst there is a presumption that such cases would be heard in public it was acknowledged that there was information within the transcripts that was of a personal nature and the transcripts also referred to a third party Councillor. The PSOW would not oppose any decision of the Committee to hold the Hearing in confidence.
RESOLVED that the press and public be excluded from the meeting under Section 100A(4) of the Local Government Act 1972 (as amended) for the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 13 of Part 4 of Schedule 12A of the Act.
RESOLVED that the press and public be excluded from the meeting under Section 100 (A) 4 of the Local Government Act 1972 (as amended) on the grounds that it involves information which is subject to any obligations of confidentiality and that it applies to the deliberations of a Standards Committee established under the provisions of Part 3 of the Local Government 2000 in reaching any finding on a matter referred to it as defined in paragraphs 18 (a) and 18 (c).
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CONSIDERATION OF REPRESENTATIONS AND FINAL DETERMINATION OF A REPORT PREPARED BY THE PUBLIC SERVICES OMBUDSMAN FOR WALES UNDER SECTION 71 (2) OF THE LOCAL GOVERNMENT ACT 2000 (REF 201504317) To consider the report of the Deputy Monitoring Officer.
Additional documents:
Minutes: The Committee consider a report of the Public Services Ombudsman for Wales (the Ombudsman) regarding a self-referral of a potential breach of the Code of Conduct for Members of Powys Council by County Councillor Aled Davies, which had been referred to the Standards Committee by the Ombudsman under Section 71 (2) of the Local Government Act 2000 for determination.
County Councillor Aled Davies represented himself at the Hearing and requested one witness attend.
The Investigating Officer from the Ombudsman’s office presented the report and was invited to make representations regarding the matter.
Having taken into account representations from Councillor Davies, the Committee found there were no disputed facts.
The Committee found that Councillor Davies’ conduct amounted to a breach of paragraph 6 (1) (a) of the Code of Conduct (bringing your office or the authority into disrepute) by virtue of criminal proceedings against him in October 2015 under the Cattle Identification Wales (Regulations) 2007 (failing to maintain accurate cattle records) and Animal By-Products (Wales) Regulations 2014 (failing to dispose of animal carcasses), to which he pleaded guilty and received a criminal conviction.
Further, the Committee found that due to the nature and seriousness of the criminal conviction that his conduct breached the Code of Conduct. The Committee were concerned that he had continued to deny the facts and sought to unfairly blame other people.
As a result the Committee found on the evidence that he had brought the office of councillor into disrepute.
The Committee accepted the following mitigation in Councillor Davies’ favour that he had a good Council record, it was the first occasion that he had been referred to the Committee and he had co-operated throughout. The Committee wanted him to be assured that his hard work and dedication to Council work had been recognised in relation to the sanction imposed.
The Committee recommended that he undertake some further training on Code of Conduct matters. |
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Exempt Items To consider whether or not the press and public should be excluded from the deliberations of the Standards Committee under:
· Section 100 (A) 4 of the Local Government Act 1972 (as amended) on the grounds that it involves information which is subject to any obligations of confidentiality and that it applies to the deliberations of a Standards Committee established under the provisions of Part 3 of the Local Government Act 2000 in reaching any finding on a matter referred to it as defined in paragraphs 18 (a) and 18 (c).
Conducting those deliberations in public might inhibit full and frank discussion to the detriment of the administration of the business of the committee.
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Deliberations To determine the matter. |
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Decision To announce the decision. Minutes: The Committee accordingly decided to exercise its power under Paragraph 9 Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001, as amended, to suspend Councillor Aled Davies fully from being a County Councillor for a period of 2 weeks. The period of suspension will commence on the day after the expiry of the time permitted to lodge a notice of appeal.
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