To consider the report of the Deputy Monitoring Officer. The report is about an investigation by the Public Services Ombudsman for Wales into a complaint that a former Powys County Councillor may have breached the Code of Conduct of the County Council.
Minutes:
1. The Committee considered a Report of the Deputy Monitoring Officer, together with its enclosures including hearing submissions from the Ombudsman’s counsel and former Councillor Tim Van-Rees who was not in attendance, but represented by counsel, in respect of the findings of the investigation and any allegation that former Councillor Tim Van-Rees had failed or may have failed to comply with the Code of Conduct contained in the report of the Public Services Ombudsman for Wales (PSOW) undertaken under Section 69 of the Local Government Act 2000, the Committee made a final determination.
2. In accordance with Part III of the Local Government Act 2000, the Council has adopted a Code of Conduct for Members, which is contained within the Councils Constitution, at Section 18. Former Councillor Tim Van-Rees had signed an undertaking to abide by this Code of Conduct. Section 18 of the Constitution also sets out the procedure for dealing with allegations made against Councillors and referred (by the PSOW) to the Standards Committee.
3. The purpose of the Ombudsman investigation is to decide whether there has been a breach of the Code of Conduct and if so to refer back to the Standards Committee for determination and if deemed necessary, to impose a sanction.
4. The Standards Committee on the 15 July 2022 and in accordance with Section 18.4.5.1 of the Constitution, determined that;
the Member should be given the opportunity to make representations either orally or in writing in respect of the findings of the investigation and any allegation that he or she has failed, or may have failed, to comply with the Code of Conduct. (Section 18.4.6.4(b)).
5. At the preliminary hearing on 27 January 2023, the Committee considered preliminary issues including initial correspondence and a medical report. The Committee then issued procedural Directions. A Hearing was arranged for 26 June 2023.
6. At a hearing on the 26 June 2023, the Standards Committee concluded that the former Member had breached the County Council’s Code of Conduct for Members, namely paragraphs:
4 You must (a) - carry out your duties and responsibilities with due regard to the principle that there should be equality of opportunity for all people, regardless of their gender, race, disability, sexual orientation, age or religion;
(b) show respect and consideration for others
6 (i)(a) 1 You must – (a) not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute;
7 (b) (i) use, or authorise others to use, the resources of your authority - imprudently;
(iv) other than in a manner which is calculated to facilitate, or to be conducive
to, the discharge of the functions of the authority or of the office to which you
have been elected or appointed;
(vi) improperly for private purposes.
8 The Committee concluded that the former Member’s conduct amounted to a breach of the Code of Conduct.
9 Accordingly, the Committee decided to exercise its power under Regulation 9 Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001, as amended, that Col Van-Rees should be censured.
Supporting documents: