STANDARDS COMMITTEE
MINUTES of a meeting held on 30th
July, 2007.
Present: Mr. C.D. Samuel (Chairman); Mr. G.
Ellis (Vice-Chairman); Mr. P. Langmaid, Mr. D. Perkins,
Councillors Mrs. V.M. Hartrey and Mrs. M. Kelly Owen and
Community Councillor A. Pryor.
276 APOLOGIES FOR
ABSENCE -
These were received from Councillor Mrs.
M.E.J. Birch.
277 MINUTES -
RESOLVED - T H A T the minutes of the meeting
held on 5th February, 2007 be approved as a correct
record.
278 DECLARATIONS OF
INTEREST -
No declarations were received.
279 APPLICATIONS FOR
GRANT OF DISPENSATIONS -
The Standards Committee (Grant of
Dispensations) (Wales) Regulations 2001 permitted Members to apply
to the Standards Committee to speak and if appropriate to vote on
matters concerning which, due to a personal interest, they might
not otherwise be able to speak or vote.
RESOLVED - T H A T the dispensations as set
out in the schedule overleaf be granted up to the date of the next
Local Government elections, as indicated:
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Member requesting
dispensation (relevant Authority)
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Matter on which
dispensation sought
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Criteria for seeking
dispensation
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New or existing
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Decision
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|
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To speak on any matter relating to Cardiff
City Transport Services T/A Cardiff Bus in view of his being a paid
full-time employee of the Company.
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New
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Dispensation granted to speak during any
debate in connection with Cardiff City Transport Services, trading
as Cardiff Bus, with the exception of matters of finance.
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To speak and vote upon any matter to be
considered by the Scrutiny Committee (Lifelong Learning) or the
Full Council or Cabinet or any other formal body of the Council (in
relation to matters of Lifelong Learning) of a general educational
nature, in terms of policy, policy plans, policy frameworks,
budgets, documents and reports of a strategic nature, documents and
reports of a planning nature (in relation to Lifelong Learning) and
documents and reports which aid and support future decisions, and
decisions which apply uniformly to all schools or a large sector of
them.
|
|
New
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Dispensation granted to speak and vote upon
any matter to be considered by the Scrutiny Committee (Lifelong
Learning) or the Full Council or Cabinet or any other formal body
of the Council (in relation to matters of Lifelong Learning) of a
general educational nature, in terms of policy, policy plans,
policy frameworks, budgets, documents and reports of a strategic
nature, documents and reports of a planning nature (in relation to
Lifelong Learning) and documents and reports which aid and support
future decisions, and decisions which apply uniformly to all
schools or a large sector of them but not matters relating
specifically to the school of which Councillor Shaw is a
Governor.
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To speak and vote on matters concerning the
business of the Local Health Board with regard to joint planning,
policy development and strategy and the efficient delivery of
services, but not matters relating directly to the Board, in view
of Councillor Egan’s appointment as the Council’s
representative.
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New
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Dispensation granted to speak and vote.
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|
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To speak and vote on matters concerning the
business of the Local Health Board with regard to joint planning,
policy development and strategy and the efficient delivery of
services, but not matters relating directly to the Board, in view
of Councillor Alexander’s appointment as the Council’s
representative.
|
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New
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Dispensation granted to speak and vote.
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280 EXCLUSION OF PRESS
AND PUBLIC -
RESOLVED - T H A T under Section 100A(4) of
the Local Government Act 1972, the press and public be excluded
from the meeting for the following item of business on the grounds
that it involves the likely disclosure of exempt information as
defined in Part 4 of Schedule 12A (as amended) of the Act, the
relevant paragraphs of the Schedule being referred to in brackets
after the minute heading.
281 INVESTIGATION OF
ALLEGATIONS OF FAILURE TO OBSERVE THE CODE OF CONDUCT FOR MEMBERS
(DMO) (EXEMPT INFORMATION - PARAGRAPHS 18A AND 18C) -
The Public Services Ombudsman had prepared a
report in respect of an investigation into allegations against
Councillor S., a member of a Community Council within the Vale of
Glamorgan, and a copy was presented to the Standards Committee to
enable the Committee to make an initial determination as to whether
Councillor S. had failed, or may have failed, to comply with that
Community Council’s Code of Conduct.
The Ombudsman’s investigation had been in
respect of a complaint received on 21st November, 2005
(comprising nine allegations) and a second complaint received on
15th February, 2006 (comprising two allegations).
The findings of the Ombudsman’s investigation
had been:
………………….” in respect of allegations 2,7 and 9
… that there is no evidence of a breach of the code of
conduct. My finding in relation to allegation 6 is that no
action is necessary. My finding in respect of allegations
1,3,4,5 and 8 and in respect of the second batch of allegations is
that my report on this investigation should be referred to the
Monitoring Officer of the Vale of Glamorgan County Borough Council
for consideration by the Standards Committee”.
Regulation 7 of the Local Government
Investigations (Functions of Monitoring Officers and Standards
Committees) (Wales) Regulations 2001, require that, following
consideration of the Ombudsman’s report, the Standards Committee
must either:
·
determine that there was no evidence of any failure to comply with
the code of conduct of the relevant authority concerned and must
notify any person who is the subject of the investigation, any
person who made an allegation which gave rise to the investigation
and the Local Commissioner in Wales accordingly; or
·
determine that any person who is the subject of the investigation
should be given the opportunity to make representations, either
orally or in writing in respect of the findings of the
investigation and any allegations that he or she has failed, or may
have failed, to comply with the relevant authority’s code of
conduct.
Having considered the report and findings of
the Public Services Ombudsman for Wales, it was
RESOLVED -
(1) T H A
T the findings of the Public Services Ombudsman for Wales in
respect of allegations 2,7 and 9, i.e. ‘that there is no evidence
of a breach of the Code of Conduct’ be endorsed.
(2) T H A
T the findings of the Public Services Ombudsman for Wales of
allegation 6, i.e. ‘that no action is necessary’ be endorsed.
(3) T H A
T in respect of the findings of the Public Services Ombudsman for
Wales regarding allegations 1,3,4,5 and 8, and in respect of the
second batch of allegations, Councillor S. be given the opportunity
to make representations either orally or in writing before a
further meeting of the Standards Committee and that the Public
Services Ombudsman for Wales’ Investigating Officer be also invited
to attend the meeting.
Reasons for decisions
To comply with the provisions of the 2001
Regulations.