Agenda item

Enclosure 2, 3 and 4 relating to the item above is not for publication as it contains exempt information as defined in paragraph 12 of Part 4 of Schedule 12A to the Local Government Act 1972 as amended by the Local Government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.

The Council’s Monitoring Officer who was advising the Committee, presented her report. The Member was present remotely.

 

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i)        that  some documentation were not for publication as they contain exempt information as defined in paragraphs 12 of Part 4 of Schedule 12A to the Local Government Act 1972 as amended by the Local Government (Access to information) (Variation) and that due to this factor, the public interest in maintaining the information outweighs the public interest in disclosing the information at this stage.

ii)      that notwithstanding that the hearing 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),having taken into account of representations by the Member, and the Ombudsman’ representative, the remainder of the hearing (save for decisions) should take place in private session, in order to  maintain the confidentiality of the sensitive information, without which there was a risk of sensitive information being disclosed.

 

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

 

Accordingly, the press and public including the Complainant and any witnesses were excluded from the meeting.

 

Second Stage - Findings of Fact

The Committee considered the Ombudsman’s written report, and further correspondence 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, and a witness of fact, who all attended remotely.

 

The Committee made findings of fact in relation to Disputed 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 paragraphs of both the Powys County Council’ Code of Conduct for Members and the Bannau Brycheiniog National Park Authority Council’ Code of Conduct for Members:

 

 “4.  You must (b) -;

       (b) show respect and consideration for others

 

7. You must not — (a) in your official capacity or otherwise, use or                  attempt to use your position improperly to confer on or secure for yourself, or any other person, an advantage or create or avoid for yourself, or any other person, a disadvantage;”

 

Action to be taken/Sanction

In accordance with Schedule 12A to the Local Government Act 1972 as amended by the Local Government (Access to information) (Variation) Rules, the press and public were re-admitted to the meeting for announcement of the decision.

 

In accordance with the Committee's Hearing procedure (paras 52-56), the Committee AGREED that:

a)    In respect of the matter relating to Powys County 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.

b)    In respect of the matter relating to Bannau Brycheiniog National Park Authority, 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.

 

Further adjustment

The Committee also recommended that:

1)    the Member undertakes some further training on social media matters.

2)    That Powys County Council considers implementing a Member programme.