Agenda and minutes

Ethics and Standards Committee - Friday, 15th November, 2024 10.00 am

Venue: Hybrid - Neuadd Cyngor Ceredigion, Penmorfa, Aberaeron / remotely via video conference

Contact: Lisa Evans 

Items
No. Item

1.

Apologies

Minutes:

2.

Chair's Announcements

Minutes:

None.

3.

Declaration of personal / prejudicial interest

Minutes:

Councillor Keith Henson declared a personal interest in the meeting, due to his role as a Community Councillor for Llansantffraed Community Council.

4.

CONSIDERATION OF REPRESENTATIONS AND FINAL DETERMINATION OF A REPORT PREPARED BY THE PUBLIC SERVICES OMBUDSMAN FOR WALES UNDER SECTION 71(2)(C) OF THE LOCAL GOVERNMENT ACT 2000 - into alleged breach of Ceredigion County Council/Llansantffraed Community Council Code of Conduct for Members by Cllr Andrew Phillips pdf icon PDF 161 KB

Enclosure 3, 4 and 5 relating to the item above is not for publication as it contains exempt information as defined in paragraph 12 of Part 4 of Schedule 12A to the Local Government Act 1972 as amended by the Local Government (Access to information) (Variation) (Wales) Order 2007. If, following the application of the Public Interest Test, the Council resolves to consider this item in private, the public and press will be excluded from the meeting during such consideration, in accordance with Section 100B(2) of the Act.  Members will be requested, when dealing with the items, to consider whether to exclude the public and press from the Meeting.

Additional documents:

Minutes:

First Stage - Preliminary issues

The Committee considered preliminary issues including correspondence and relevant documentation and witnesses in accordance with the Committee's Hearing procedure (para 37).

 

The Committee AGREED:

  a)         to adopt the Ceredigion County Council’s procedure as set out in Part 5 Document S of the Constitution (the “Hearings Procedure”)

 

 

  b)         following application of the public interest test,

i)               that the hearing (save for decisions) should take place in public unless there was good reason to exclude the public (para 33 Hearings Procedure) and/or valid reasons for not doing so to promote public confidence in public life (para 1.24 PSOW Guidance).

 

  c)         to defer the decision as to whether to hear evidence from the Member’ witnesses) until the Finding of Fact stage. The Committee did not wish to call any additional witnesses.

 

Second Stage - Findings of Fact

The Committee considered the Ombudsman’s written report and documents submitted by the Member and the Ombudsman in accordance with the Committee's Hearing procedure (paras 38-44). The Committee also considered the oral submissions from the Ombudsman’ representative, the Member, the Member’s representative and a witness of fact.

 

The Committee made findings of fact in relation to undisputed facts on balance of probabilities in accordance with the Committee's Hearing procedure (paras 45-51).

 

Stage 3 - Code of Conduct for Members

The Committee found on balance of probabilities that the Member’ conduct   had breached the following paragraph of Ceredigion County Council/ Llansantffraed Community Council Code of Conduct for Members:

 

 6. (1) You must —

(a) not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute”

 

Action to be taken/Sanction

In accordance with the Committee's Hearing procedure (paras 52-57), the Committee AGREED that:

  a)         In respect of the matter relating to Councillor Andrew Phillips of Llansantffraed Community Council, the Committee accordingly decided to exercise its power under Regulation 9 Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001, as amended, that the Member should be censured.