Agenda, decisions and minutes

To receive any apologies for absence.

Apologies were received from Councillor Dewi Roberts.

To receive any declaration of personal interest.

Councillor Anne Lloyd Jones declared a personal interest in item 6 - Report on the Outcome of the Investigation of a Complaint against Councillor Michael Stevens of Tywyn Town Council.  She was of the opinion that it was not a prejudicial interest, and she did not withdraw from the meeting during the discussion on the item.

Mr Hywel Eifion Jones declared a personal interest in item 8 – Annual Report of the Adjudication Panel for Wales 2019-20 and 2020-21, as he was a lay member of the Adjudication Panel for Wales.  He was of the opinion that it was not a prejudicial interest, and he did not withdraw from the meeting during the discussion on the item.

To note any items that are a matter of urgency in the view of the Chair for consideration.

No urgent matters were raised.

The Chair shall propose that the minutes of the meetings of this committee held on the following dates be signed as true records:-

·         26th October, 2021 (Special Meeting)

·         8th November, 2021

·         8th December, 2021 (Special Meeting)

The Chair signed the minutes of the previous meetings of this committee held on 26 October, 8 November and 8 December 2021 as a true record, conditional on noting that Councillor Anne Lloyd Jones had not submitted an apology in relation to the meeting on 26 November, but had been unable to participate in the proceedings.

To submit the report of the Propriety and Elections Manager.

(a)  To ask the Monitoring Officer to come back with a report to the Committee, in consultation with the Task and Finish Group, on actions in response to the Richard Penn Report.

(b)  That the Chair and Community Committee Member hold initial discussions with a sample of community and town council clerks, in order to start to understand the needs in the county.

Submitted – the report of the Propriety and Elections Manager detailing the findings and recommendations of the Task Group established by the committee to discuss the findings of the Review of the Ethical Standards Framework for Wales.

The Monitoring Officer noted that he welcomed the Task Group's report, and added:-

·         The exercise had been an opportunity to take a step back from the work of the Standards Committee, where it sat within the Authority, and its profile. 

·         Richard Penn's report was an opportunity to see what was happening in other places, and to consider whether there were any ideas or opportunities to develop the committee. 

·         On the threshold of a new council following the Elections in May, now was a good time to begin building on this through the induction process etc.

·         From the report, it could be seen that there were many practical elements that could be incorporated into a work programme, or put into practice, such as the concept in the Local Government and Elections (Wales) Act 2021 that the leaders of political groups were responsible for the conduct of their members.  This committee had a new role to promote, support and monitor this work, and this opened the door for a more active and closer relationship with the group leaders.  It would also be a means of ensuring a better link with the Council's senior management, the other statutory officers, or at least to raise awareness of the Standards Committee.

·         There was a suggestion that the town and community councils were the main source of the problems in relation to the Code of Conduct, and although there was an element of truth in this, the fact that were over 60 community and town councils of various sizes across Gwynedd, with approximately 750 community councillors serving on those councils, meant that the percentage of members that encountered Code of Conduct issues was comparatively small.  Therefore, the promotion, liaison and support work would be ongoing, but as noted in the report, it was necessary to find a starting point, and create a platform to develop a more active relationship.

·         As the body with statutory responsibility for the conduct of members in community councils, it was important that the Standards Committee did not get lost in the process of supporting and promoting, and that it was viewed as the statutory body with functions to maintain oversight and uphold standards.

In response to the questions, the Monitoring Officer noted:-

·         It was obvious that there was variation across Wales in relation to how standards committees operated. There had been mention of extending the Chairs Forum across the whole of Wales, which would provide an opportunity to establish some consistency. This committee had responded to the Richard Penn Report by examining what other people did, and this could possibly be a learning opportunity for the working methods of the committee.   It was added that the message from the recent All Wales Standards Conference was that there was scope for all to learn from  ...  view the full minutes text for item 5.

To submit the report of the Propriety and Elections Manager.

To approve the report on the outcome of the investigation of a complaint against Councillor Michael Stevens of Tywyn Town Council, to be submitted to the Monitoring Officer, Public Services Ombudsman for Wales, Cllr. Stevens and the complainant in accordance with the requirements of the Regulations.

Submitted – the report of the Propriety and Elections Manager detailing the outcome of the investigation of a complaint against Councillor Michael Stevens of Tywyn Town Council, in accordance with the provisions of the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001 (as amended).

The officers were thanked for their thorough work and support to members during the whole process of arranging and holding the hearing.

It was noted that the decision made by the President of the Adjudication Panel for Wales to reject Councillor Michael Stevens' application for approval to appeal against the decision of the Standards Committee reflected the fact that the committee had reached a reasonable decision, which had been carefully and effectively worded, on the matter.

The Chair echoed this observation, and noted that she had been extremely pleased with the Adjudication Panel's response, and she thanked everyone for the support.

RESOLVED to approve the report on the outcome of the investigation of a complaint against Councillor Michael Stevens of Tywyn Town Council, to be submitted to the Monitoring Officer, Public Services Ombudsman for Wales, Councillor Stevens and the complainant in accordance with the requirements of the Regulations.

To submit the report of the Propriety and Elections Manager.

To note the information.

Submitted – the report of the Propriety and Elections Manager presenting information about the Ombudsman's decisions on formal complaints against members.

The Chair referred to the request made by the Task Group that had been established to discuss the Ethical Standards Framework, for more details about allegations while those cases were in progress.

In response to a question, the Monitoring Officer explained that Councillor Roy Owen had been suspended until the election in May, and as he had not been disqualified as a member, he had the right to stand again as a candidate.  Similarly, as Councillor Michael Stevens had not been disqualified from being a member of any council, he could stand again as a candidate for Tywyn Town Council.

The Chair suggested that this is where people viewed the system as being weak.

RESOLVED to note the information.

To submit the report of the Monitoring Officer.

To note the reports for information.

Submitted – the report of the Monitoring Officer appending a copy of the 2019/20 and 2020-21 Annual Report of the Adjudication Panel for Wales.

The fact that the reports now included summaries of cases was welcomed.

RESOLVED to note the reports for information.