In accordance with the Procedure for Local Standards Hearings paragraph 10.8(b).
Minutes:
The Chair reported that the Standards Committee had reached a decision on each of the points they were required to determine. He confirmed that in its deliberations, the Standards Committee had given due regard to the Adjudication Panel for Wales’s Sanctions Guidance, and ensured that its decision making had considered the underlying principes of:
• Fairness
• Public interest
• Proportionality
• Consistency
• Equality and impartiality; and
• Human Rights
The Standards Committee was also mindful of the purposes of sanctions when reaching its decision in this matter. As summarised in the Adjudication Panel for Wales’s Sanctions Guidance, the purpose of the sanction imposed should:
• provide a disciplinary response to the Member’s breach of the Code;
• place the misconduct and appropriate sanction on public record;
• deter future misconduct on the part of the individual and others;
• promote a culture of compliance across the relevant authorities;
• foster public confidence in local democracy.
Furthermore, the Standards Committee had considered the following when determining its position on sanction: -
• Assessed the seriousness of the breach and any consequences for individuals and/or the Council;
• Identified the broad type of sanction that the Committee considered most likely to be appropriate having regard to the breach;
• Considered any relevant mitigating or aggravating circumstances and how these might affect the level of sanction under consideration;
• Considered any further adjustment necessary to ensure the sanction
achieved an appropriate effect in terms of fulfilling the purposes of the sanctions.
It was noted that it was also in the public interest to consider sanctions imposed by other Standards Committees for similar breaches. The Standards Committee confirmed that it had reflected on previous reported matters available through the PSOW’s website when reaching its decision on sanctions.
Considering the specifics of this case as set out in the Investigating Officer’s Report, in the context of the principles described above, the Standards Committee’s decision was as follows: -
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· A sanction should be imposed; · The sanction that should be imposed was censure of the Member.
· The following recommendations were made to the Council: -
· Firstly, that the Chair of the Standards Committee discusses further formal support with Councillor Williams in relation to controlling emotions and managing a political role in the public eye. · Secondly, that the Council ensures that all Members are clear about the Code of Conduct, and that it applies to private meetings as well as public meetings.
It was explained that the reasons for the above decisions would be outlined in the formal written decision that was to be provided to Councillor Williams in due course, and that would also be published by the Committee following this process. However, the principal reasons for the decisions reached today can be summarised as follows: -
The Committee believed that the seriousness of the case fell between the maximum point of no action and lower point of suspension and explained that the mitigating factors in this case were considerably higher than the aggravating factors.
The mitigating factors considered by the Committee were as follows: -
· Councillor Williams has a history of good conduct over a long period of time. · The misconduct only occurred once. · The Member himself had given notice of the breach. · The Member acknowledges and is sorry for the misconduct and any consequences. · The Member has apologised and did so early on to anybody affected by his actions. · The Member has also participated in an attempt to try to correct the implications of the action and cooperated with the Investigating Officer and the Standards Committee. · The Member accepts that he needs to change his conduct in the future, and he has complied with the Code following the incident.
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The Chair reported that in terms of the next steps, the Council’s Procedure for Local Standards Hearings would continue to be followed.
RESOLVED: -
• That Councillor Williams will receive an email from the Legal Advisor confirming the decisions reached, and this will be followed up with the Committee’s formal written decision notice. Councillor Williams will be provided with confirmation of the period he has to appeal the decision reached, in accordance with paragraph 11 of the Council’s Procedure for Local Standards Hearings.
• Once the process has concluded, the formal written decision notice will be distributed and published.
Finally, the Chair thanked all those present who had contributed to the conduct of the Hearing and concluded the meeting.