Meeting documents

APPOINTMENTS COMMITTEE

Minutes of the meeting held on 9 December 2004

     No declarations of interest were received from either Member or Officer.

     Before consideration of the next item, a request was received from the floor that the meeting should be recorded in view of the nature of the matter under discussion and that an accurate taped record of proceedings be available.

     The Managing Director advised that there was nothing in the Council's Constitution that necessitated the taping of meetings and that the minutes of this meeting would be the record of proceedings.

     Councillors E.G.Davies, P.S.Rogers and E.Schofield expressed their concern and disappointment that the meeting was not be recorded.  

     A further request was received from the floor that the meeting should remain open to the press and public and that those members in attendance today, who were not members of the Committee, be allowed to remain as the matter was of public interest.

     The Managing Director advised that the independent legal review, commissioned by the Managing Director, supported by the Committee at its meeting of 5th November 2004 had been sought to advise the Managing Director of any appropriate next steps that might be needed in the recruitment process. The matter was not one that could be openly discussed.

     The matter was put to the vote and it was RESOLVED to proceed to the next item.    

     RESOLVED under Section 100(A)(4) of the Local Government Act 1972, that the press and public be excluded from the meeting during the discussion on the following items as they involve the likely disclosure of exempt information as defined in Paragraph 1 of Schedule 12A to the said Act.    

     A copy of the report of the Independent Review into the pre-recruitment process of the post of Director of Legal Services / Monitoring Officer was distributed to members of the Committee for their consideration. The Managing Director requested that all copies be returned to him at the end of the meeting.

     The Managing Director proceeded by reading out the conclusions of the independent legal review, viz:

     (i)On the question of "any interference in the pre recruitment process and any possible improper conduct", Eversheds found no evidence from a single member of the Appointments Committee that there was improper influence or interference or contamination of the process. Eversheds concluded that there had been no interference in the pre recruitment process in relation to the post of Director of Legal Services / Monitoring Officer and that there had been no contamination with the appointment procedures. Eversheds further concluded that the base evidence did not support any suggestion of improper conduct that would necessitate the Managing Director sending a report to the Commission for Local Administration (Ombudsman) in Wales.

     (ii) On the question of "possible tainting of the recruitment process and whether the Appointments Committee could proceed", including the suggestion made to Eversheds that the appointment process had been "tainted" to the extent that the Council had not processed the appointment in a manner consistent with the Council's Constitution - Eversheds did not believe that there was anything unconstitutional in the way that the appointment process had been pursued to date. Furthermore, on the evidence gathered during the investigation Eversheds believed that there were no grounds which render it inappropriate in any way for the current Appointments Committee to proceed with the appointment process to a conclusion.

     The Managing Director commended the conclusions of the report to the Committee and indicated that he had no grounds to draw the matter to the attention of the Local Government Ombudsman. The Appointment Committee if in agreement was free to proceed with the appointments process.

     The Chairman and Councillor W.T.Roberts wished it to be minuted that they had both been prepared to meet with the Solicitor conducting the investigation but had not been available at the time.

     Councillor Schofield provided background information to the members of the Committee as to how and why he had decided to raise the matter with the Managing Director. He also requested that it be minuted that he had the highest regard for the officers mentioned within the report. He further requested that a decision should be deferred today, pending further investigation of information which he considered had  been omitted from the Solicitor's report.

     Councillors E.G.Davies, P.S.Rogers and E.Schofield requested that the Committee should not come to a decision today until the reference to constitutional issues within the report had been addressed by this Committee.

     The matter was put to the vote and it was RESOLVED to accept the conclusions of the independent review and proceed to the next item.

     Councillors E.G.Davies, P.S.Rogers and E. Schofield wished it to be recorded that they did not concur with the majority view on this issue and that they would have to examine their position as to whatever may be done in future.

     The Chairman stated that the next course of action would be to consider whether to proceed with the appointment process today.

     Councillors E.G.Davies, P.S.Rogers and E.Schofield contested this course of action, since in their opinion it was the recruitment and not the appointment process that had been up for discussion today. Councillor E.Schofield wished it to be recorded that he had no qualms or reservations about the applicant but had extreme difficulty on moving ahead and suggested the Council would be better served by not proceeding today.

     The majority of members were in favour of proceeding with the appointment.

     Three Councillors left the meeting and did not take part in the interview process - namely Councillors E.G.Davies, P.S.Rogers and E.Schofield.

     The Head of Service (Corporate Services) reported that one of the applicants had previously withdrawn his application prior to the interview process that was to have taken place on 5th November 2004.

     Following interview of the remaining applicant, it was RESOLVED to appoint Miss Lynn Ball, 11, Hunter's Chase, Trearddur Bay to the above post on a commencing salary of £52,251 effective from 5 November 2004.

     The meeting concluded at 12.45 pm

     COUNCILLOR R.L.OWEN

     CHAIRMAN.