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Councillor O. Glyn Jones (Chairperson)
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Councillor Selwyn Williams (Vice-Chairperson)
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Councillors W. J. Chorlton, E. G. Davies, Lewis
Davies,
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Barrie Durkin, Jim Evans, K. Evans, C. Ll. Everett, D. R.
Hughes, Fflur M. Hughes, K. P. Hughes, R. Ll. Hughes, T. Ll.
Hughes,
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W. I. Hughes, W. T. Hughes, Aled Morris Jones, Eric
Jones,
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Gwilym O. Jones, H. Eifion Jones, Raymond Jones, R. Dylan
Jones, R. Ll. Jones, Clive McGregor, Rhian Medi, J. V. Owen, R. L.
Owen,
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Bob Parry, OBE, G. O. Parry, MBE, G. W. Roberts,
OBE,
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P. S. Rogers, E. Schofield, H. W. Thomas, Ieuan
Williams,
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2
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TO RECEIVE ANY ANNOUNCEMENTS FROM THE CHAIRPERSON,
LEADER, MEMBERS OF THE EXECUTIVE OR THE HEAD OF THE PAID
SERVICES.
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The Chair extended a warm welcome to Councillor W. Thomas
Hughes newly elected member for the Llanbadrig Ward, who was
attending his first meeting of the County Council.
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Best wishes were extended to Mrs. Edyth Harrisson of the
Planning Department who had retired last Friday after 43 years of
service to the Council.
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Congratualtions to those who were competing at the Island
Games at Aland. A gold medal had already been won in the shooting
competition. Further results to follow.
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Congratulations were also extended to all those who had
been involved with Anglesey being named as the first County in
Wales to be awarded the status of an European Geopark.
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Best wishes to those competing at the Royal Show, Sioe
Môn and the Eisteddfod over the coming weeks.
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Condolences were extended to the family of Mrs. Jackie
Roberts, a teacher at Ysgol y Parc who passed away on 6th June,
2009.
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Sympathy was also extended to Councillor H. Eifion Jones
and to the family upon the sudden loss of his mother in
law.
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Condolences were also extended to any Member of Officer of
the Council who had suffered a bereavement.
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Members and Officers stood in silent tribute as a mark of
their respect.
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The Chair reminded members that the Armed Forces Day would
be taking place at Holyhead on Saturday 4th July, 2009, and he
looked forward to seeing everybody present.
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3
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LOCAL GOVERNMENT BOUNDARY COMMISSION FOR WALES -
REVIEW OF ELECTORAL ARRANGEMENTS IN ANGLESEY
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Reported by the Head of Corporate Services - That the
Local Government Act 1972 provided that the Local Government
Boundary Commission for Wales undertook a periodic review of Local
Government areas in Wales.
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Following the review, the Commission made proposals to the
Welsh Assembly Government for effecting changes appearing desirable
in the interest of effective and convenient local
government.
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The current review included a change to electoral
arrangements of principal (County) areas throughout Wales. This
included a review of the number of councillors, the boundaries of
electoral divisions and their names.
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The Commission had recently completed a review of
communities and community wards. It was unlikely they would bring
forward any proposals which would amend these areas.
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The Commission were requesting any initial observation on
their work by the 23rd June 2009. At this Council’s request
an extension had been granted until the end of next
week.
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By the autumn of 2009 the Commission intended to formulate
draft proposals and invite representations to WAG and interested
persons. WAG may then consider the recommendations and any
representations before effecting the final decision in preparation
for the 2012 council elections.
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Pursuant to the above, the council may wish to consider a
number of matters included in the review and make representations
on:
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i. Guidance from WAG considered that the minimum number of
councillors required for proper management of a county was 30, with
a maximum of 75.
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Ÿ
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Single Member or Multi Member electoral
divisions:
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i. Although multi member electoral decisions were more
common in urban areas they could also be considered for this
County. However, members may wish to highlight the benefit of
single member electoral divisions in terms of promoting local
accountability and responsibility within localities.
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Ÿ
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Ratio of Councillors to electors:
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i. WAG Guidance suggested that the number of electors
shall be, as nearly as possible, the same in every electoral
division within a county to ensure that each vote had equal value.
Locally numbers of electors per ward varied between 682 and
1821.
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ii. The Guidance also considered a councillor to elector
ratio to be consistent and no lower than 1:1750. Only 4 of our
divisions currently exceeded this ratio.
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iii. However, at the minimum number of 30 members our
ratio would be 1:1716.
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The “building blocks” of electoral divisions
would be the existing wards of each community. However, moving
wards between divisions may affect local ties and impact on well
established communities of interest and links with community
councils.
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Finally there was the issue of ward names and again this
raised issue around community identity and historic ties. Members
may wish to comment on this issue of retaining ward
names.
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The Head of Service stated that Anglesey was very
different to many local authorities in terms of its rural nature
and relatively small and scattered communities. That might assist
the Authority in aiming towards the status quo. Also over half of
the seats were within a couple of hundred votes of the 1200
average. As regards local ties, new combinations might break up
exisitng neighbourhoods, communities and established areas on the
Island.
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Councillor Lewis Davies expressed his concern that
Community Councils had not received any information in this
respect.
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The Head of Service in response stated that Community
Councils had received the same information as the County Council.
This Council also wrote to every Community Council on the Island
inviting them to attend a meeting in May with the Local Government
Boundary Commission in the Council Chamber.
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Councillor Rhian Medi enquired as to how this Commission
had been set up. Who were the members, who had appointed them, who
did they represent and what was their accountability to the
communities?
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The Head of Service in reply stated that the Commission
had been appointed by the Welsh Assembly via their public
appointments unit.
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Councillor Keith Evans stated that Anglesey had not had
any changes for some time to the number of Councillors (40) and
perhaps this had been the strength of the Council’s position.
He felt that the public were happy with their wards and that their
local members were accessible. He felt that the reference to
multi-member divisions should be ruled out entirely and that the
Council should retain the status quo. The ratio of one member to
1750 electors was unattainable and that this Council would be far
more comfortable with a figure of 1200. He considered that the
Authority could tweak the boundaries of some towns on the Island to
bring these figures down. Each ward was different in that it had
its own charecteristics, history and heritage and the Council
should not interfere with that.
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Councillor C. Ll. Everett stated that it would be the
Welsh Assembly who would have the final say whether they accepted
or rejected the Boundary Commission’s proposals. He agreed
with Councillor Keith Evans that for the present time it would be
best to retain the status quo.
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Councillor H. W. Thomas was of the opinion that there
would be change at the end of the day. This Council’s
strength would be to make sensible proposals to the Commission that
would be fair and acceptable to the Island.
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Councillor W. J. Chorlton was in favour of having a look
at the situation. If the Council was not pro-active in this
respect, changes would be imposed by the Welsh Assembly. He
considered that the Leader should set up a Panel of 4/5 members to
look at the tweaking of some boundaries in order to achieve a
better balance for the Island.
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Councillor G. W. Roberts, OBE considered that multi-member
wards were not an option. He was agreeable to finding a better
balance and attempting to reduce the figure from 1750 to say
1300/1400. The Council needed to be realistic and accept that there
needed to be some reduction in the number of
Councillors.
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Councillor A. Morris Jones stated that there needed to be
some kind of equation that took into account the rural areas. A
multi-member ward would in his opinion accept the community that
one lived in and then the number of Councillors could be worked out
for that community. Multi-member wards were to do with towns and
not vast tracks of rural areas.
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Councillor J. Penri Williams considered that the present
system worked well and he was opposed to multi-member wards. He was
of the opinion that there was merit in the Council sticking to one
member wards.
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Councillor E. Schofield supported the arguments which
acknowledged that the status quo was not an option. He did consider
however, that it would be possible to reduce the figure of 1750
down to an acceptable figure of say 1400 for the Island. He also
felt that there was a consensus within the Chamber not to accept
multi-member wards. He supported the idea that Group Leaders should
get together to discuss the matter and that an invitation be
extended to any member who may wish to attend to express their
views.
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The Leader accepted that the Council should look to retain
one member for each ward. He was prepared to set up a Group Leaders
meeting in this respect with a view to responding to the Commission
in a week’s time. He stated that 30 seats would equate to a
ratio of 1:1716, whereas 35 seats would equate to a ratio of
1:1470.
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Councillor H. E. Jones considered that the best way
forward would be for the Panel to await the draft report and
thereafter submit its observations to WAG within the 2 month
consultation period.
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The Acting Managing Director suggested that in order to
comply with the Council Constitution, the Council should delegate
responsibility to the Head of Corporate Services to seek guidance
from the Panel before formulating a response to the
Commission.
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Councillor B. Durkin considered that the Council should be
pro-active in this respect and inform the Commission of this
Council’s wishes prior to the publication of the draft
report.
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Ÿ
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That this Council is opposed to the creation of
multi-member electoral divisions and wishes to retain the benefit
of single member wards in terms of promoting local accountability
and responsibility within localities.
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Ÿ
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That authority be given to the Head of Corporate
Services to set up as a matter of urgency a Panel of Members to
assist him in the work of formulating a response to the Boundary
Commission, with a view to achieving a Councillor to elector ratio
of 1:1400.
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Ÿ
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The Panel of Members to consist of the
following:-
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4
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POLITICAL BALANCE ARRANGEMENTS
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Reported - That following the by-election on 14th May 2009
the Council needed to review its political balance arrangements on
the Council Committees.
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Attached to the report was a table setting out the
political balance of Council Committees in accordance with the
above legislation. The table now showed the four political groups
19, 8, 5 and 5 Members respectively and 3 separate Unaffiliated
Members.
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The opportunity had been taken to give further
consideration to the nature of each Council Committee and the ones
that came within the Political Balance requirements.
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The total number of seats to be allocated was
120.
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Clearly, unless the calculation arrived at whole numbers
of total seats and seats on individual committees, fractions would
inevitably result, so that exact compliance would be impossible. It
was however, necessary to achieve the best possible compliance, on
the figures, with the principles set out under the Local Government
and Housing Act, 1989.
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Each political group on the Council could only allocate
those seats it received under the political balance arrangements to
its own members and cannot allocate to a Councillor who was not a
member of that same political group.
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Councillor E. Schofield referred to the table prepared by
the Corporate Director (Finance) where on the Planning Committee,
the Original Independents Group had received an allocation of 6.65.
This should be rounded up to 7 but the figure allocated to the
Group was 6. Similarly, that Group had been awarded 2 seats on the
Standards Committee Appointments Panel with a figure of 1.425. In
order that consistency should prevail, he considered that the Group
should only be allocated one seat on that Panel.
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The Corporate Director (Finance) in reply stated that it
was never possible to make the figures work when one rounded-up
every time, and that legislation required balance in the total
number of seats to be given priority over balance on individual
committees. It was necessary however, to achieve the best possible
compliance on the figures.
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Councillor P. S. Rogers was of the opinion that as regards
the question of unaffiliated seats on Committees, that this Council
should never again elect Chairmen of Committees before the
allocation of members by Political Groups to those Committees. He
stated that the Leader via Councillor Tom Jones had approached
Councillor R. Ll. Jones four days prior to the election of Chairs
and Vice-Chairs, with a view of him becoming Chair of the Audit
Committee in place of Councillor Everett. He further stated that
there had been no consultation with him or Councillor Keith Evans
as to their wishes.
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The Leader in reply stated that the Unaffiliated members
were given the opportunity of taking part but chose not to and as a
result he as Leader had appointed unaffiliated members to the
various Committees. He took very strongly the comments made against
him as to his ‘disrespect to the Council’ by Councillor
Rogers. However, Councillor Rogers’ pronouncements over the
last few months needed to be looked at equally.
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Comments were made by certain members as to the integrity
of Councillor R. Ll. Jones in accepting the Chair of the Audit
Committee.
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Councillor R. Ll. Jones considered these comments and
previous comments made to be a slight on his integrity. He had been
a member of this Council since 1976 and he had never before had a
slight on his character. He had proven his integrity by speaking
out against the Ty Mawr planning application. Likewise, he had
voted against the majority decision of the Audit Committee on
travelling expenses and had voted for the recommendations of the
Director of Finance. Any more of these accusations by fellow
Councillors would result in legal action.
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Councillor G. W. Roberts, OBE endorsed the point made
earlier by Councillor E. Schofield as regards the composition of
the Standards Appointments Panel. There was at present one Plaid
Cymru member and two Original Independent members with no
representation thereon by any of the Opposition Groups.
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Councillor C. Ll. Everett wished to respond as he had been
named in previous statements made regarding the Audit Committee. He
stated that he was entitled to respond under the
Constitution.
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The Chair stated that they would only be discussing the
item in question and that he would not allow any further discussion
on the appointment of the Chair of the Audit Committee.
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On a Point of Order, Councillor C. Ll. Everett wished it
to be recorded in the minutes, that the Chair had refused him the
opportunity to respond after being named in the Chamber and that in
so doing his actions were contrary to the rules of the
Constitution.
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The Corporate Director (Finance) stated that Councillor G.
W. Roberts, OBE, had raised a valid point which perhaps deserved
consideration. He had merely tried to comply with the regulations
in the law of the land and treat each group equally. There was a
case of natural fair play here in that the opposition were not
represented. He would be prepared to look at this again in
consultation with Group Leaders.
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Councillor G. W. Roberts, OBE, stated that his Group would
be prepared to release a seat on the Planning Committee for a seat
on the Standards Appointments Panel.
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Councillor E. Schofield endorsed the proposal put forward
by Councillor G. W. Roberts, OBE and the remaining political
balance proposed within the report should be accepted.
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To note the new political balance arrangements and
the number of seats attributable to each of the Groups and the
Unaffiliated Members under the Local Government and Housing
1989;
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To agree to the Original Independent Group retaining
7 seats on the Planning and Orders Committee, in return for that
Group releasing one of their seats on the Standards Committee
Appointments Panel to the Môn Ymalen Group.
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To agree the whole numbers of seats to be allocated
to the Unaffiliated Members.
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To request the three Unaffiliated Members to
determine amongst themselves which Committees they wish to serve
upon in accordance with the Political Balance arrangements
contained within the Report to this Council. Should they be unable
to reach agreement in this respect authority be given to the Leader
of the Council to determine these allocations and for that
information to be given to the Committee Services
Manager.
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5
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RECOMMENDATION TO THE COUNTY COUNCIL FROM THE AUDIT
COMMITTEE HELD ON 29TH MAY, 2009 - TRAVELLING AND SUBSISTENCE
EXPENSES
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SPECIAL INVESTIGATION - MEMBERS’ TRAVELLING AND
SUBSISTENCE EXPENSES, JANUARY TO FEBRUARY, 2009
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Councillor W. J. Chorlton before submitting his Motion on
Notice, wished to make a statement to the Council that might have
an effect on today’s debate.
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Because of the seriousness of this matter, the Opposition
Groups believed that there had been a serious breach in the rules
of the Constitution by the members involved. For that reason, the
matter had been reported to the North Wales Police for a thorough
and proper investigation. He enquired as to whether or not it was
proper for the Council to debate the issue or should the matter be
adjourned until after the Police had concluded their
investigation.
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Councillor W. J. Chorlton believed that these had been
misleading and fraudulent claims within the Council’s system
and definitely in breach of the Council Constitution. He said that
the letter from the Corporate Directors counteracting the letter by
the former Leader, actually endorsed what was being
said.
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Councillor W. J. Chorlton
further stated that a letter would also be sent to the Auditors to
ask them to look at certain matters.
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Councillor A. Morris Jones
asked Councillor Chorlton to withdraw his allegation that fraud had
taken place.
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Councillor W. J. Chorlton
in reply stated that in his opinion a fraudulent action had taken
place in that those members had claimed money that under the
‘approved duties’ of the Constitution were not entitled
to. What was that other than fraud? He may be totally wrong on this
point and would have to get up at the next Council meeting and
apologise. He did not have a problem with that.
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The Acting Managing
Director requested the Council to give consideration to Councillor
Chorlton’s suggestion that perhaps it was premature and
inappropriate to discuss the matter today.
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Councillor W. J. Chorlton
proposed that the matter be deferred pending the results of the
police investigation. His proposal was seconded by Councillor H. W.
Thomas.
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Councillor A. Morris Jones
asked whether this matter was an issue that deserved being reported
to the Police?
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Councillor G. O. Parry,
MBE, proposed that the matter should be discussed at today’s
meeting. The proposal was seconded by Councillor A. Morris
Jones.
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Under the provisions of
Council Rule 18.5 it was agreed that a recorded vote be taken on
the matter.
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For the proposal by
Councillor W. J. Chorlton to defer consideration:-
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For:
Councillors W. J. Chorlton, E. G. Davies, K.
Evans, C. Ll. Everett, D. R. Hughes, R. Ll. Hughes, W. T. Hughes,
H. E. Jones, Raymond Jones, R. Dylan Jones, G. W. Roberts, OBE, P.
S. Rogers,
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H. W. Thomas, J. Penri
Williams.
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TOTAL: 14
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Against:
Councillors L. Davies, B. Durkin, J. Evans,
Ff. M. Hughes, K. P. Hughes, T. Ll. Hughes,
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W. I. Hughes, A. Morris
Jones, Eric Jones, G. O. Jones, O. Glyn Jones, R. Ll. Jones, Rh.
Medi,
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J. V. Owen, R. L. Owen, G.
O. Parry, MBE, Selwyn Williams.
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TOTAL: 17
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Abstention:
None
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The proposal was not
therefore carried out and it was RESOLVED that the Council move ahead to discuss the
matter.
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(a) Motion on
Notice
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Submitted - the following
Motion on Notice by Councillor W. J. Chorlton:-
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“As Leader of
the Opposition, I request that we suspend the Council Procedure
Rules under Rule 4.1.27.1 Suspension. So that a full and frank
debate can take place on Item 5 of the Council’s Agenda on
30th June, 2009 Travelling and Subsistence.”
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A counter proposal was put
forward by Councillor B. Durkin that the motion put be
refused.
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The original motion by
Councillor Chorlton was not carried (19 votes to 12) and it
was RESOLVED to proceed to the
next item of business.
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(b) Reported - That the
Audit Committee at its meeting on 29th May, 2009 had resolved as
follows:-
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“The Audit
Committee accepts that the journeys undertaken on 15 January and 6
February, 2009 by Members of the Executive, as named, were made in
the best interests of the Authority and that it recommends that the
cost of both journeys be retrospectively approved by the
Council.”
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(c) Submitted for
information - An extract from the minutes from the Audit Committee
held on 29th May, 2009 as approved by that Committee on 25th June,
2009.
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(ch) Submitted - A report
by the Corporate Director of Finance on the circumstances and
conclusions of a special investigation in respect of members’
travelling and subsistence expenses following allegations about
members’ travelling expenses in relation to certain journeys
to South Wales in January and February, 2009.
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Contrary to the
recommendation of the Audit Committee held on the 29th May, 2009,
Councillor
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R. Ll. Jones (Chair of the
Audit Committee) proposed that the Council accept the Director of
Finance’s recommendations under Para 5.2 of his report
(i.e that the costs of the journey on
15th January, 2009 totalling £617.80, plus any outstanding
claims in respect of the same journey, should be retrospectively
approved by the Council) and under Para
5.3 (i.e that the costs of the
journey of 6th February, 2009, already paid or committed, totalling
£654.20, should be recovered from the relevant member’s
allowances, and that no outstanding claims in respect of this
journey should be paid).
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Councillor Jones went on
to state that he was aware that the amounts claimed for the second
journey had already been paid in to the Council pending the outcome
of the Council’s decision today.
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The proposal was seconded
by Councillor Jim Evans.
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Councillor P. S. Rogers
referred members to Para 6.5.2 of the report which stated
that “members attending
meetings outside the County Council should share transport unless
approved otherwise by the Managing Director”.
He went on to state that one of the members
involved had travelled down by car to South Wales and that in his
opinion this had been an abuse of the rules. This fact had been
missed out completely by the Audit Committee.
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The Corporate Director
(Finance) stated that as regards the previous question as to
whether he had considered referring this matter to the Police, he
pointed out that it was a duty under the Constitution that if there
was prima-facie evidence of irregularities to do with Council
money,the matter had to be referred to the Police as a potential
criminal offence.
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He did not come to that
conclusion at the time and he still did not think there was any
need to refer this matter to the Police.
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As regards whether the
members in question were prepared to pay the money back - he did
interview and at the first interview he was told that they were
prepared to pay the sum back if they had claimed in error. Only
when those members saw the draft report for observations on 12th
May, 2009, would they have been aware of draft findings, and
payment was received in respect of both journeys with a letter
dated 4th June, 2009, pending the final decision of the County
Council.
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As regards travelling by
car, of course the Council did not want to pay claims for 2-3
members who were attending the same meeting. However, if a member
was prepared to make a journey by car on his own and not claim
travelling costs then it was a not a matter for the Council to
intervene. No claim had been received from the member in this
respect.
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Councillor H. E. Jones
queried as to whether or not there was any need for those members
to travel down to South Wales by first class train on an
unauthorised mission? He felt that the Executive had spent far too
much time on this issue and in so doing had lost sight of the work
required within the Council. He suggested that the money should not
be repaid to the Councillors in question, and that in the present
financial crisis no first class train journeys should be sanctioned
by the Authority.
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Councillor B. Durkin
considered the journeys to be relevant since they were seeking
advice on a very serious issue. He proposed that the Council accept
the Audit Committee’s recommendation that the cost of both
journeys be retrospectively approved by Council.
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Councillor H. W. Thomas
considered that the Council could not justify sending 5 people on
an unauthorised journey to seek advice from two individuals
regarding the post of the former Managing Director. Would it not
have been better if those members had sought the advice of a
Barrister. Why could they not have made use of the
video-conferencing facilities within the Council? He considered
that the advice given was not worth the paper it had been written
on. How would that advice stand up if the former Managing Director
had lodged an appeal?
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Councillor C. Ll. Everett
enquired as to why the former Finance Portfolio, Councillor G. O.
Parry, MBE, had not been in attendance? As was currently the case
in Westminster, he considered that the Members in question should
be considering their position.
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Councillor G. O. Parry,
MBE in response stated that he had not been in attendance since he
felt that the members in question could make the decision and
report back to the Executive.
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Councillor J. V. Owen
wished to thank the Director of Finance for the professional and
honest way he had answered the questions asked of him
today.
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He believed, that the
members in question were honestly carrying out a function for the
betterment of the Authority. He proposed that the Council accept
the recommendations of the Audit Committee.
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Councillor Eric Jones
seconded the proposal. It was important that the matter be treated
in the right context. He referred to a letter in the press by
Councillor H. W. Thomas recently referring to the need for an
inspection of claims by Councillors. He agreed with him in this
respect and would like such inspection to go back a period of 3
years.
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He queried whether members
had claimed travelling expenses when they attended seminars
arranged by the Council at Venue Cymru, Llandudno. A bus had been
arranged but many attended in their own cars. Were any of those
claims approved by the Managing Director in accordance with the
requirements of the Constitution?
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Councillor H. W. Thomas
stated that he was perfectly happy to go back 3-5 years as regards
the auditing of claims by Councillors. If Councillor Eric Jones was
prepared to propose to this, he would be happy to second
it.
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Councillor Eric Jones
proposed to that effect.
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Councillor W. J. Chorlton
pointed out to Members that the letter dated 17th February, 2009
from the Chief Executive of the WLGA to Councillor P. M. Fowlie
(Appendix 3 of the report) stated that the WLGA’s view was
that further clarity should be sought from the Council’s
Legal Services Manager or the Monitoring Officer. Councillor
Chorlton considered that Members were choosing to ignore the facts
in this case.
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The Acting Managing
Director responded that he was concerned that the word
‘sacking’ of the Managing Director had been used in
today’s debate. Nobody had been sacked. The Managing Director
had left his post under the terms of an agreement. It was very
important to note that fact since the press were in attendance
today.
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Councillor W. J. Chorlton
sought a response from the Corporate Director (Finance), that in
light of the report that had come out by Officers did he still
stick to his opinion that the first claim to Cardiff was
acceptable?
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The Corporate Director
(Finance) in response stated that he was aware of everything
material that was subsequently to be contained in the letter, at
the time that the report was written. He had not therefore changed
his opinion in relation to the question.
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Under the provisions of
Council Rule 18.5 it was agreed that a recorded vote be taken on
the matter.
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For the proposal - i.e to
accept the recommendation of the Audit Committee that the cost of
both journeys be retrospectively approved by the
Council:-
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For:
Councillors B. Durkin, E. G. Davies, L.
Davies, Jim Evans, Ff. M. Hughes, K. P. Hughes,
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R. Ll. Hughes, T. Ll.
Hughes, W. I. Hughes, A. Morris Jones, Eric Jones, G. O. Jones, O.
Glyn Jones, Rhian Medi, J. V. Owen, R. L. Owen, G. O. Parry, MBE,
J. Penri Williams, Selwyn Williams.
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TOTAL: 19
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Against:
Councillors W. J. Chorlton, C. Ll. Everett, D.
R. Hughes, H. E. Jones, R. Ll. Jones,
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P. S. Rogers, H. W.
Thomas.
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TOTAL: 7
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Abstentions:
None
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It was therefore
RESOLVED to accept that the journeys
undertaken on 15 January and 6 February, 2009 by members of the
Executive as named were made in the best interests of the Authority
and that the costs of both journeys be retrospectively
approved.
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It was further
RESOLVED -
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Ÿ
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That a report be brought back by officers to this
Council on members expenses over the last 3 years.
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Ÿ
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That members have the option of travelling by first
class train to meetings where attendance by this Council is deemed
necessary.
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6
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NOTICE OF MOTION IN ACCORDANCE WITH PARA 4.1.13.1 OF
THE CONSTITUTION
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The following Notice of
Motion had been submitted by Councillor C. Ll. Everett:-
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“Any
Instruction / Executive decision given to any officer in the
Authority by the Leader / Deputy Leader or any Portfolio Holder has
to be given in writing without exception via e-mail or letter head.
This will ensure an audit trail for the benefit of the officer and
member.”
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Some of the members felt
that this Notice repeated what was already in existence, in that
members were regularly provided with decisions taken by the
Executive and by individual Portfolio Holders. This they felt would
only complicate matters and perhaps lead to delays throughout the
Council.
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Councillor E. Schofield
considered that if this was passed today it should be a two way
process and include reference to officers as well.
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Councillor C. Ll. Everett
explained to the Council that the reason he had submitted the
Notice of Motion was that during his time as Chair of the Audit
Committee he was aware that there had been instructions given by
Executive Members. If a Portfolio Holder was consulted by a Head of
Department or any officer within this Authority on his/her own view
on an issue affecting that service, then that officer should have
the right to request that instruction or agreement/disagreement in
writing or by e-mail. There would then be a full audit trail to
protect both the member and officer.
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The Leader proposed an
amendment that the motion should include all members of the Council
and officers. Everybody would then know what was asked, the
response, when, by whom and why.
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Councillor B. Durkin
wished the matter to be deferred pending investigation as to
whether this Notice of Motion was at all necessary.
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Councillor C. Ll. Everett
emphasised that the reason behind the motion was that members were
not party to any information regarding consultation with Portfolio
Holders and what their decision had been.
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Councillor G. W. Roberts,
OBE stated that the Executive had every right to give instructions
to officers. That was their job and that was what they were paid to
do. This motion provided security for Members and officers. If
every member had to provide a paper record, then the system would
soon become inoperable and grind the Authority to a halt. All that
the Council would create would be a paper empire.
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The Acting Managing
Director stated that Corporate Directors gave instructions to staff
under their management but did not take instructions from elected
members and Heads of Service. What Officers acted upon were
Committee decisions, on decisions taken by Portfolio Holders under
delegated powers. He hoped that every responsible officer within
the Authority kept a note on file when they were in discussion with
any elected member. That was good practice. He did not see that the
motion before Council today strengthened the existing provision in
the Constitution as it stood. The present system was very clear if
administered properly and consistently.
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Councillor C. Ll. Everett
in response stated that the Portfolio Holder might have had a
contribution or had influenced a decision and that is what he was
after as part of the audit trail. He requested that the Acting
Managing Director provide him with evidence of consultations
undertaken with Portfolio Holders and perhaps defer this decision
today.
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The Acting Managing
Director in reply stated that officers when keeping notes were very
aware that these notes could be released under the Freedom of
Information Act to a wider audience. It was part of officer
discipline to keep detailed records with the understanding that
these could be released under the Act. He thought that the present
procedures were sufficiently robust. Perhaps there were cases where
this procedure had not been followed closely, but he felt that
these should be dealt with as they arose.
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The Leader stated that he
was prepared to withdraw his amendment and support Councillor B.
Durkin’s request that the matter be deferred for further
consideration.
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Councillor Durkin’s
amendment to the substantive motion was passed (20/12) and it
was RESOLVED to defer
consideration of the matter until a further date.
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The meeting concluded at 5:45 pm.
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COUNCILLOR O. GLYN JONES
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CHAIRPERSON
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