|
|
(b)Application for dispensation by Councillor
C.L.Everett;
|
|
|
|
|
|
An application dated 21 September 2006 was submitted
pursuant to SI2001 No.2279 (W169) Local Government for Wales. The
relevant Statutory Grounds relied upon in the application were 2(d)
and (f).
|
|
|
|
|
|
Both Councillors had applied for dispensation which would
allow them to sit on the Council’s Pay Modernisation Advisory
Panel.
|
|
|
|
|
|
Councillor G.O.Parry MBE has two daughters employed by the
Council whilst Councillor Everett has a daughter and sister
employed by the Council.
|
|
|
|
|
|
Both Councillors had applied for dispensation on the
grounds that:
|
|
|
|
|
|
“ their participation in the business to
which the interest related would not damage public confidence in
the conduct of the relevant authority’s business “
and
|
|
|
|
|
|
“the participation of the member in the
business to which the interest relates is justified by the
member’s particular role or expertise.”
|
|
|
|
|
|
Councillor Parry believed he had particular expertise as
he had previously held the post of Portfolio Holder for Staff and
Personnel whilst he was a Member of the Executive. Councillor
Everett believed his employment as Manager with responsibility for
95 staff for a period of seven years gave him particular expertise
in the role as a member of the Panel.
|
|
|
|
|
|
The Monitoring Officer invited the Head of Service
(Corporate Services) to outline the remit of the Pay Modernisation
Advisory Panel and how it would impact on the work of the
Councillors.
|
|
|
|
|
|
The Head of Service (Corporate Services) reported the
Panel has been established as a Task and Finish Group to consider
relevant pay structure designs and other related issues
appertaining to matters such as allowances and payments such as
shift allowances travelling claims etc. It also exists as a “sounding board” for
the negotiators during the course of detailed negotiations where
the reflective Council view is needed. Members of the Panel will
act as the voice of all the Council Groups and would consider the
general shape of the payment structure. The new pay structure would
be put to the County Council for a final decision. The Panel will
act as a “commentator” of what goes to the County
Council. Although Members will have knowledge of Job Evaluation and
Job Scores, they will not have information regarding the type or
detail which would identify where individuals will be placed or
what allowances will be paid.
|
|
|
|
|
|
It will be for the Officers to determine the Pay Grades.
However, an appeal hearing against such a Pay Grade may be heard by
Members, at which time the Declaration of Interest procedure would
apply. There are approximately 2000 people employed by the Council,
some generic group of posts may have in excess of 350 people i.e.
home carers.
|
|
|
|
|
|
Members were given the opportunity to question the Head of
Service (Corporate Service). The Officer confirmed that:
|
|
|
|
|
Ÿ
|
this is an All Wales exercise with each individual Council
forming its own Pay Structure;
|
|
|
Ÿ
|
Six Councillors form the Panel - the Councillors having
been nominated by their respective Groups;
|
|
|
Ÿ
|
Councillor Parry is not the current Portfolio Member for
HR issues;
|
|
|
Ÿ
|
2 pay roll clerks and 4/5 analysts are employed in the
Finance Section;
|
|
|
Ÿ
|
the post of supernumerary trainee is not a permanent post,
it has special pay rates and will not be affected by the
exercise;
|
|
|
Ÿ
|
It is feasible that the Panel may discuss
allowances;
|
|
|
Ÿ
|
the County Council will receive a detailed report and
analysis of the Panel’s findings and every Members will be
given the opportunity to question and comment on the
findings;
|
|
|
Ÿ
|
the meetings of the Panel will be minuted;
|
|
|
|
|
|
The Chair invited the Committee Members to withdraw into
private session to discuss and determine the applications. On
returning into public session the Chair announced that the
Committee had
|
|
|
|
|
|
|
|
|
3.1 The Standards Committee is not persuaded to Grant
Dispensations to either Councillor G.O.Parry MBE nor Councillor
C.L.Everett. This is an important and major review
which has a long lasting impact. There is a need for it to be
completely unbiased and independent and to be seen as such by all
the interested groups i.e. the general public, the County Council
as a body and its employees.
|
|
|
|
3.2 The Committee is not aware of any
reason, given the composition of the Panel, why the Panel cannot
find a completely impartial membership.
|
|
|
|
3.3 The Committee is also not swayed that either Member
has particular expertise which is essential to the proper working
of the Panel.
|
|
|
|
|
|
4
|
COMPLAINT AGAINST A COMMUNITY COUNCILLOR
|
|
|
|
|
|
The Chair referred to a complaint against Councillor
J.R.Owen and explained that the meeting was not being held to reach
any decision regarding the complaint but rather to resolve what
steps the Standards Committee would take on the basis of the
Ombudsman’s Report. The Chair invited the Monitoring Officer
to address the meeting.
|
|
|
|
|
|
The Monitoring Officer referred to the Ombudsman’s
Report dated 27 July 2006 which presented the Ombudsman’s
findings in respect of an alleged breach of the Code of Conduct by
Councillor J.R.Owen at a meeting of the Aberffraw Community Council
held on 5 April 2006 when Councillor Owen had voted for his own son
to be co-opted as a member of the Community Council.
|
|
|
|
|
|
The report concluded that Councillor Owen had a Personal
Interest under the Code of Conduct as his son had benefited from
his father’s vote. Councillor Owen had a duty to declare an
interest and to withdraw from the meeting.
|
|
|
|
|
|
The Ombudsman’s finding under section 69 of the
Local Government Act 2000 was that his report be referred to the
Monitoring Officer for consideration by the Standards Committee.
The Standards Committee were now required to reach an initial
decision on the Report by either:
|
|
|
|
|
Ÿ
|
concluding there is insufficient evidence and dismissing
the allegation
|
|
|
|
|
|
|
|
|
Ÿ
|
conclude it is satisfied there is a case to answer and to
adjourn from holding a full hearing so as to allow Councillor Owen
sufficient time to make representations either in writing or in
person.
|
|
|
|
|
|
|
|
|
Ÿ
|
to decide whether or not it wished the Ombudsman’s
investigator to attend the hearing, and if so, what matters would
need to be addressed.
|
|
|
|
|
|
The Committee withdrew into private session to consider
its decision. On returning to public session, the Chair announced
that the Committee had
|
|
|
|
|
|
|
|
|
4.1
|
that a full hearing be held into the
matter;
|
|
|
|
|
4.2
|
that the Committee did not wish the Ombudsman’s
investigator to attend the hearing but would ask that the
Monitoring Officer ask the Ombudsman for a copy of the allegation
against Councillor Owen together with copies of any written witness
statements.
|
|
|
|
|
4.3 that the hearing be held on Thursday 9th November
2006 at the Council Chamber at 6.00p.m.
|
|
|
|
|
|
|
|
|