Meeting documents

Standards Committee
Monday, 16th October, 2006

STANDARDS COMMITTEE

 

Minutes of the meeting held on 16 October, 2006 

 

PRESENT:

 

Dr Gwyneth Roberts (Chair);

 

Mr J.Cotterell;

Dr J. Griffiths;

Mr G. Jones;

 

 

 

IN ATTENDANCE:

 

Monitoring Officer;

Head of Service (Corporate Services);

Solicitor (MJ);

Committee Officer (JMA);

 

 

 

APOLOGIES:

 

Mrs Ceri Thomas;

 

 

 

 

 

1

DECLARATION OF INTEREST

 

No declaration of interest submitted by either a Member or Officer in respect of any item on the agenda.

 

2

MINUTES

 

Minutes of the following Standards Committee meetings were confirmed and signed as a true account of the meetings:

 

7th February 2006 - pages 1 - 6 of this Volume

14th February 2006 - pages 7 - 11 of this Volume

 

3

APPLICATIONS FOR DISPENSATION

 

The Monitoring Officer reported two applications for dispensation had been received for consideration by the Standards Committee as follows:

 

(a)Application for dispensation by Councillor G.O.Parry MBE;

 

An application dated 12 September 2006 was submitted pursuant to SI2001 No.2279 (W169) Local Government for Wales. The relevant statutory grounds relied upon were paragraphs 2d and 2f.

 

 

(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

 

 

 

RESOLVED  :

 

 

 

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

 

 

 

or

 

 

 

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.

 

 

 

and

 

 

 

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

 

 

 

RESOLVED :

 

 

 

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.

 

 

 

 

 

DR GWYNETH ROBERTS

 

CHAIR