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Agenda Item No. 7

 

The Vale of Glamorgan Council

 

Standards Committee: 16th December 2014

 

Report of the Monitoring Officer

 

Allegations of Failure to Observe the Members' Code of Conduct Made against Community Councillor Lino Scaglioni of Sully and Lavernock Community Council

 

Purpose of the Report

1.         Standards Committee on 31st July 2014 were requested to consider allegations made against Community Councillor Lino Scaglioni of failure to observe the Sully and Lavernock Community Council's Code of Conduct.  After considering representations, the Committee made its determinations in line with Regulation 9(1) of the Local Government Investigations (Functions of Monitoring Officers and Standards Committee) (Wales) Regulations 2001 ("2001 Regulations").

Recommendations

1.         That the report be noted.

2.         That a further report be submitted when the outcome of the appeal is known.

Reasons for the Recommendations

1.         Having regard to the contents of the report.

2.         To keep Members of the Standards Committee apprised.

Background

2.         The decision of the Standards Committee held on 31st July 2014 was

(1)          T H A T, arising from the decision of the Standards Committee, and contrary to Paragraph  4(b) of the Sully and Lavernock Community Council’s Members’ Code of Conduct, Community Councillor L. Scaglioni made inappropriate and personal comments about Councillor K. Mahoney in an e-mail dated 25th September 2012, Councillor Scaglioni be suspended from being a Member of Sully and Lavernock Community Council for a period of six months.

(2)          T H A T, arising from the decision of the Standards Committee, and contrary to Paragraphs 4(b) and 6(1)(a) of the Sully and Lavernock Community Council’s Members’ Code of Conduct, Community Councillor L. Scaglioni made inappropriate and personal comments about Councillor K. Mahoney in an e-mail dated 13th December 2012, Councillor Scaglioni be suspended from being a Member of Sully and Lavernock Community Council for a period of six months.

(3)          T H A T, arising from the decision of the Standards Committee, and contrary to Paragraphs 4(b) and 6(1)(a) of the Sully and Lavernock Community Council’s Members’ Code of Conduct, Community Councillor L. Scaglioni made inappropriate and personal comments about Councillor K. Mahoney in an e-mail dated 18th December 2012, Councillor Scaglioni be suspended from being a Member of Sully and Lavernock Community Council for a period of six months.

(4)          T H A T, arising from the decision of the Standards Committee, and contrary to Paragraphs 4(b) and 6(1)(a) of the Sully and Lavernock Community Council’s Members’ Code of Conduct, Community Councillor L. Scaglioni made inappropriate and personal comments about Councillor K. Mahoney in an e-mail dated 4th January 2013, Councillor Scaglioni be suspended from being a Member of Sully and Lavernock Community Council for a period of six months.

(5)          T H A T Community Councillor L. Scaglioni be required to attend a training session regarding the Members’ Code of Conduct. 

(6)          T H A T Community Councillor L. Scaglioni be advised of his right to appeal against the Committee’s determination within a period of 21 days of his receiving notification, by giving notice in writing to:

            The Registrar

            Adjudication Panel for Wales

            Government Buildings

            Spa Road East

            Llandrindod Wells

            Powys

            LE1 5HA

 

and that the notice of appeal must specify:

the grounds for appeal, and

whether or not the person giving notice of the appeal consents to the appeal being conducted by way of written representations.

(7)          T H A T, subject to an appeal (if any) the findings of the Standards Committee as detailed in paragraphs (1) to (5) above be publicised in accordance with the requirements of the Local Government Investigations (Functions of Monitoring Officers and Standards Committees)(Wales) Regulations 2001.

Relevant Issues and Options

3.         Councillor Scaglioni exercised his right of appeal against the Committee's determination, by giving notice within the specified time, to the Registrar, of the Adjudication Panel for Wales.

4.         I have been informed by the Registrar to the Adjudication Panel for Wales that it is anticipated that Community Councillor Scaglioni's appeal will be considered in January 2015.

Resource Implications (Financial and Employment)

5.         None.

Sustainability and Climate Change Implications

6.         None.

Legal Implications (to Include Human Rights Implications)

7.         The Standards Committee is required to comply with the 2001 Regulations.

Crime and Disorder Implications

8.         None.

Equal Opportunities Implications (to include Welsh Language issues)

9.         None.

Corporate/Service Objectives

10.      None.

Policy Framework and Budget

11.      None.

Consultation (including Ward Member Consultation)

12.      The report does not require consultation with other parties.

Relevant Scrutiny Committee

13.      Not applicable.

Background Papers

Report by the Public Services Ombudsman for Wales on an investigation into allegations against Councillor Lino Scaglioni of Sully and Lavernock Community Council dated 19th February 2014 and the minutes of the meeting of the Standards Committee held on 31st July 2014.

 

Contact Officer

Ms. D. Marles, tel: (01446) 709401

 

Officers Consulted

None.

 

Responsible Officer:

Ms. D. Marles, Monitoring Officer

 

 

 

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