Agenda item

To receive a report from the Monitoring Officer.

(Enclosure CH)

Submitted - a report by the Monitoring Officer in relation to the above.

The Monitoring Officer reported on statutory changes made by The Local Government (Democracy)(Wales) Act 2015.  She stated that legislation has come into force, with planned changes being activated module by module under secondary legislation.  New modules came into force in May.  Some are relevant directly, or indirectly, to the work of the Standards Committee.

The Monitoring Officer further reported that there is now a statutory requirement for all Community Councils to have a web presence and publish information on their websites. The Officer stated that this requirement was relevant to the Standards Committee, as complaints have been made regarding issues about transparency in Town and Community Councils, and in particular small and under resourced Community Councils.  She reported that there has been a lot of discontent from some members of the public, and new Councillors, regarding some Community Councils not complying with publication requirements in terms of agendas, minutes, accounts etc, and stated that both she and the Auditors have received complaints about failings and relationship issues arising from those frustrations, which have been referred to the Ombudsman.

The Monitoring Officer reported on the ‘Register of Members’ Interests’ which has now been introduced.  The County Council has three registers of interests, whilst Town and Community Councils only had one ie “declarations made in meetings”.  Community Council Members now have to complete “Prior Registration of Interests” forms, with both types available for public inspection.  

The Monitoring Officer stated that the ‘Register of Members’ Interests’ was significant to Members of the Standards Committee, in relation to the work they carry out annually in reviewing the Registers of County Councillors interests, with this being a particular focus of their Work Programme. Any new plan to review community council registers is not included for this year (as the new process needs to embed), but it may be reasonable to warn Community Councils that the Standards Committee will be reviewing Registers next year?

The Chair raised the question whether sanctions could be imposed against Town and Community Councils who had not complied with the statutory requirement to have a website.

The Monitoring Officer responded that members of the public could make maladministration complaints to the Ombudsman.  The Ombudsman may not take action, but might issue a warning/public rebuke.

RESOLVED:-

•  To note the changes referred to in the report, in particular paragraph 2;

•  To decide whether compliance issues in relation to this new responsibility should become part of the Standards Committee’s Work Programme.

Action:

•  Head of Council Business/Monitoring Officer to ask the Policy Section for data to establish which Town and Community Councils have a website, and whether those that do not have a web presence are planning to do so;

•  To report back to the next meeting of the Standards Committee on 10th December, 2015 on the findings of the above;

•  Thereafter, the Monitoring Officer to write to the Ombudsman regarding questions raised by Members of the Standards Committee relating to the grant funding awarded to each Town and Community Council for creating their own website, and whether any sanctions would be imposed for not utilising the grant correctly or failing to implement the web presence.