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The Solicitor to the Monitoring Officer
provided copies of the following documents:-
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List of relevant Documents:-
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Code of Conduct; Statutory Provisions; Standing
Orders;
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Nolan Principles; Supplementary Local Code of
Conduct;
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Agenda of Social Inclusion Committee 16/10/2000
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Report on Review of Housing Grants Policies by Acting
Director Housing & Property submitted to Social Inclusion
Committee on 16/10/00;
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Minutes of Social Inclusion Committee 16/10/00;
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Minutes of Grants Policy Working Group 7/11/00;
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Notice of Agenda of Social Inclusion Committee
23/11/00;
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Minutes of Social Inclusion Committee 23/11/00;
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Copies of Computer Documents (4 grant
applications);
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Select list of Contractors;
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Minutes of County Council 12/12/00;
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Copy letter 29/1/2001 Head of Service (Internal Audit) to
Councillor H.W.Thomas;
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Memo of Janet Jones 26/1/2001 re declaration of
interest;
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Minutes of Special Meeting of County Council
12/2/2001;
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Extract of County Council Minutes 12/2/2001
(transcript);
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Memo of Head of Service (Internal Audit)
16/2/2001;
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Copy of letter 27/2/2001 from Head of Service (Internal
Audit) to Councillor H.W.Thomas;
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Procedure of the meeting as stated in the Constitution of
the former (Voluntary) Standards Committee (confirmed by the County
Council on 30/11/99).
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Councillor Thomas expressed concern at an
article which had appeared in the 23 September 2002 issue of the
Daily Post in that it could influence the Committee. The Monitoring
Officer advised that the article contained extracts from the
documents issued as part of the public Agenda for this
meeting.
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Following consultation with members of the
Committee, the Chair ruled that the hearing proceed and the
evidence be heard.
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The Chair referred to the order of proceedings
to be followed. The Complainant, Councillor and Committee were
given the opportunity to speak and ask questions
accordingly.
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After final submissions by both parties, the
Standards Committee went into private session to consider its
decision and the public part of the meeting was brought to an
end.
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The Standards Committee upheld the complaint
by Mr David Ellis-Williams against Councillor Hefin Thomas
that:
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Councillor H.W.Thomas did not declare an
interest at a meeting of the Social Inclusion Committee on 23
November 2000 in relation to the item on Housing Grants Policy.
Councillor Thomas had, during October and November 2000, submitted
tenders for work to be paid for by the Council under the Housing
Grants Policy and therefore had a pecuniary interest in the
matter being considered and had not complied with Clause 8 of the
National Code of Local Government Conduct
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By the date of a special meeting of the County
Council on 12 February 2001 Councillor Thomas was aware of the
investigations into this matter. During the meeting Councillor
Thomas stated he wished to declare an interest in any matter which
anyone might think he ought to. This did not respect the Council's
internal processes and contravened the Nolan "leadership"
principle.
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The Committee found that it was right and
proper for this complaint to be made and was of the opinion that,
on this occasion, there was a clear and unambiguous need for
Councillor Thomas to have declared an interest at the meeting of
the Social Inclusion Committee held on 23 November 2000. Given
Councillor Thomas' involvement in tendering for contracts involving
housing grants, which arose in connection with his day to day
employment, he ought to have declared an interest at the beginning
of the meeting since "Housing Grants Policy" was an item on
the Agenda. The Standards Committee did not accept Councillor
Thomas's assertion that there was no reason to do so. It is
incumbent on every Councillor to declare an interest at the
appropriate time.
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It also appears from the reported and
transcribed remarks made by Councillor Thomas at the Special
Meeting of the County Council held on 12 February 2001 that
Councillor Thomas did not take seriously the need to Declare an
Interest. This was of particular concern to the Standards
Committee, particularly since the incident took place at a full
meeting of the County Council which was open to both public and
press. Bearing in mind that Councillor Thomas was, by this
time, aware of the ongoing investigation, the Committee questioned
this belittling of the important process of Declaring an
Interest.
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The Standards Committee concluded that it had
been shown that Councillor H.W.Thomas was in breach of Clause 8 of
the National Code of Local Government Conduct viz.
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Disclosure of pecuniary and other
interests.
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The law makes specific provision requiring you to
disclose both direct and indirect pecuniary interests (including
those of a spouse with whom you are living) which you may have in
any matter coming before the council, a committee or a
sub-committee. It prohibits you from speaking or voting on that
matter. You council's standing orders may also require you to
withdraw from the meeting while the matter is discussed. You
must also by law declare certain pecuniary interests in the
statutory register kept for this purpose. These requirements must
be scrupulously observed at all times.
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The Standards Committee further concluded that
Councillor Hefin W.Thomas had contravened the "leadership"
principle as set out in the Nolan Committee's recommendations on
standards in public life.
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RESOLVED :
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4.1
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to uphold the complaint of the Corporate Director
(Finance), Mr. David Ellis Williams and
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4.2
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to recommend to the County Council that as the
allegations have been proved on the balance of probability,
Councillor Hefin Thomas be suspended for a period of two
months.
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The date of the next meeting of this Committee
was agreed as 4th November 2002 at 6.00p.m.
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