Agenda item

(a)   PRESENTATION OF PRE-HEARING SUMMARY REPORT

 A report by the Legal Advisor, in particular highlighting any points identified by

 the Member where there is disagreement with any finding of fact on the

 Investigating Officer’s report.     

(b)   ADMISSION OF NON COMPLIANCE

To ask the Member whether they admit to failing to comply with the Code of Conduct.

(c)   DETERMINATION

To determine whether there has been a failure to comply with the Code of

Conduct.  

(a)    PRESENTATION OF PRE-HEARING SUMMARY REPORT

The Legal Advisor presented her Pre-Hearing Summary Report.  She stated that Councillor Ieuan Williams reported himself to the PSOW after commenting in an internal meeting of the Council on 12 June 2023, “bod

angen saethu pob Tory” (“all Tories should be shot”).

Following an investigation by the PSOW, the Investigator concluded that the elected member had breached two paragraphs of the Code of Conduct.  The matter was referred by the PSOW to the Council’s Monitoring Officer, with a direction that the matter be considered by the Standards Committee. 

In line with the process, an initial meeting of the Standards Committee was held on 26 February 2025, where a decision was made to proceed with conducting a hearing, to enable the Member to make representations in respect of the findings of the investigation.

The Legal Advisor reported that the Committee, on the balance of probabilities, would decide if the Member has breached the Code of Conduct for Members or not.  Following the Member’s comments and Investigating Officer’s representations, should the Committee decide that the Code has been breached, they will need to decide if a sanction is appropriate, and if so, what form of sanction?  Also, the Committee can make recommendations to the Councillor and/or the County Council. 

The Legal Advisor noted that the Investigating Officer’s Report is included in Appendix 2, together with her report.  She stated that her report draws specific attention to the bullet points at the bottom of pages 2-3 of the Investigating Officer’s Report.  The main points of the complaint have been listed in paragraph 1 of the Investigating Officer’s Report. namely, “paragraph 4(b) – [members] must show respect and consideration for others”, and “paragraph 6(1)(a) [members] must not conduct [themselves] in a manner which could reasonably be regarded as bringing [their] office or authority into disrepute”. 

The Legal Advisor also highlighted relevant elements in the PSOW’s Guidelines on the Code of Conduct in Appendix 8 of the Investigating Officer’s Report.  She stated that events relating to the case have been summarised in Paragraphs 11-19 of the report.   Paragraphs 20–46 summarise evidence from witness statements of individuals who were present in the meeting.  The Investigating Officer’s findings are presented in Paragraphs 56-64, and state that the Investigator is of the opinion that Paragraphs 6(1)(a) has been breached.  There was also no disagreement regarding the facts of the case, being a self-referral complaint by the Member, where it is apparent that the Code has been breached. 

Following the initial decision of the Standards Committee to conduct today’s hearing, the process was followed whereby the Member was asked to complete the pre-hearing forms (Appendix 3 of the report).  In his response, the Member confirmed that he was not in disagreement with the facts in the Investigating Officer's Report and the Legal Advisor's Pre-Hearing Summary Report.

The Legal Advisor reported that if the Committee comes to a decision that the Code has been breached, there will be a need to decide on any sanction recommendations.

The options available to the Standards Committee are: -

(a)  That there is no need for any further steps;

(b)  Censure;

(c)  To partially suspend the member for a period up to 6 months;

(d)  To suspend the member for a period of up to 6 months.

The Legal Advisor reported that any sanction would take effect 21 days after the Member receives the written decision of the Standards Committee.

The Legal Advisor advised that prior to the Standards Committee considering the matter of sanction, Councillor Williams and the Investigating Officer would be given an opportunity to make representations, followed by any questions from each member of the Standards Committee.  The Committee would then leave the room to deliberate in private session to consider the evidence presented.

The Legal Advisor advised that the Committee consider evidence in the context of the Adjudication Panel for Wales’ Guidelines, and any similar cases that have been published on the PSOW website.  If the sanction includes a partial or full suspension, when will that start?  Also are there any other recommendations from the Committee for the Member or the County Council? 

Following the Standards Committees private session, they should return to announce their decisions and the main reasons for their decision, which will then be published. 

Finally, the Standards Committee would need to consider the following recommendations: -

(a)  That the Committee asks the Member to confirm that he has not conformed with the Code of Conduct.

(b)  That the Hearing is held in line with the Council’s Procedure for Local Standards Hearings;

(c)  That the Committee come to a decision regarding the following: -   

i)       On the balance of probabilities, whether the Member has or has not

      failed to comply with the Code of Conduct, and

ii)      If the Committee decides that the Code has been breached, is there a

need for any sanction or recommendation, and if so, what should the

sanction be?

iii)    Any other recommendations.

RESOLVED to accept the recommendations in the report.

(b)  ADMISSION OF NON-COMPLIANCE

The Chair asked Councillor Williams whether he admitted to failing to comply with the Code of Conduct?  Councillor Williams accepted that he had breached the Code. 

(c)  DETERMINATION

The Chair addressed Councillor Williams and stated that considering his admission that he has failed to comply with the Code of Conduct in the manner described in the Investigating Officer’s Report, and summarised in the Legal Advisor’s Summary Report, the Standards Committee would take the Investigating Officer’s Report as read. 

This Committee therefore decided that Councillor Williams has failed to comply with the Code of Conduct in the manner described in the Investigating Officer’s Report.  The Chair explained that the Hearing would proceed directly to consider whether any action should be taken in respect of the Member’s conduct.