Venue: Ystafell Gwyrfai, Council Offices, Caernarfon, Gwynedd. LL55 1SH
Contact: Eirian Roberts 01286 679018
No. | Item |
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APOLOGIES To receive any apologies for absence. Minutes: Councillor Anne Lloyd Jones
and Mr Richard Parry Hughes |
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DECLARATION OF PERSONAL INTEREST To receive any declaration of personal interest. Minutes: No declarations of interest were received from
any members present. |
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URGENT ITEMS To note any items that
are a matter of urgency in the view of the Chairman for consideration. Minutes: No urgent matters were raised. |
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The Chairman shall propose that the
minutes of the previous meeting of this committee held on 9th July, 2018 be
signed as a true record (attached). Minutes: The Chair signed the minutes of the previous meeting
of this Committee held on 9 July 2018 as a true record. Referring to item 10 of the minutes - Wales Standards
Conference 2018 - the Chair noted that there had been some misunderstanding
regarding the representation of the Committee at the conference, and to avoid
any similar confusion in future, she suggested that it would be beneficial to
circulate the Committee's action points to the members soon after every
meeting. |
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REVIEW OF THE PROCEDURE FOR APPLICATIONS FOR DISPENSATION PDF 82 KB To submit
the report of the Monitoring Officer
(attached). Additional documents: Minutes: Submitted
- the report of the Monitoring Officer inviting the Committee to discuss and
decide whether to amend the procedure for applications for dispensations. The
members were asked to consider the propriety of allowing those applying for
dispensation to appear before the Committee.
There were three available options, namely:- ·
To allow applicants to appear
before the Committee and submit their applications in person. However, this
would increase the risk of receiving additional information on the day that
would not have been sufficiently scrutinised. ·
To allow applicants to appear
before the Committee to further explain their application by answering
questions only. ·
To continue with the current
procedure based on a written report by the Monitoring Officer, along with a
copy of the application form, as well as any additional information received by
officers after contacting the applicant. During the
discussion, the following points were noted:- ·
It would not be mandatory for
applicants to appear before the Standards Committee, therefore in relation to
the comment in the report that the procedure would be costly in terms of time
for the applicant, it would be their choice whether or not to attend the
meeting. Also, it was not anticipated that the travelling costs would be
substantial. ·
The number of applications for
dispensation was much lower than some years ago, during the school organisation
process. ·
Enabling the applicant to get
his or her point across in person was very important. ·
It was possible for an
application to be clear on paper, and that the applicant did not need to
attend, but it would be good to give them the opportunity, if needed. ·
Unsuccessful applicants in the
past had said that they would have benefited from being able to attend the
Committee to provide further explanation.
However, that explanation might not necessarily have made a difference
to the outcome. ·
As the members' questions were
likely to come from a slightly different direction to the officers' questions,
it was not possible for the officers to anticipate what questions were likely to
come up at the Committee and to ask those questions of the applicants at the
time of summing up the information for the Committee. ·
There was room to strengthen
the contact with the Town and Community Council clerks as County Council
officers were not able to answer questions about the business of the council in
question. ·
It was extremely important
that applicants filled the form in full and there was a risk, in inviting
applicants to the meeting that they would not bother much with the contents of
the form. It was also possible that
some people were having difficulty completing the form. ·
The recommendation 'insisting'
that the Clerk provide a letter explaining the context was placing them under
too much pressure, and it should note, rather, that they were 'expected' to
provide a letter. RESOLVED (a) To allow those applying for dispensations to attend meetings of the Standards Committee to answer possible questions by the Committee only, if they wish. This is on condition ... view the full minutes text for item 5. |
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THE STANDARDS COMMITTEE'S PRESENCE ON THE COUNCIL'S WEBSITE PDF 38 KB To submit
the report of the Monitoring Officer
(attached). Additional documents: Minutes: Submitted – the report of the Monitoring Officer
inviting the Committee's comments and recommendations on what was to be
included about the Standards Committee on the Council website. During the discussion, the following points were
noted:- ·
It was advantageous for
people to know more about the Committee's activities, and to understand that
the Standards Committee was not able to provide a solution for everything. ·
Referring to the
current details of the Committee's membership on the website, it was noted that
the members' names should be listed either alphabetically, or per category i.e.
elected, independent and community committee. The Monitoring Officer noted that including a flow
chart on the website referring fot the Code of Conduct complaints procedure
could be considered, i.e. how to complain and what happened to the
complaint. Also, in response to an
enquiry, the Monitoring Officer agreed to seek more information from the
Ombudsman regarding the expectations in terms of the timetables and to include
this with the time-line. RESOLVED to accept
the report with the following comments:- ·
Ensure that the Committee membership is listed on the website either
alphabetically, or per category i.e. elected, independent and community
committee. ·
That the Monitoring
Officer seek more information from the Ombudsman regarding the expectations for
complaints deadlines and to include this with the time-line on the website. |
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ALLEGATIONS AGAINST MEMBERS PDF 52 KB To submit
the report of the Monitoring Officer
(attached). Minutes: Submitted
– the report of the Monitoring Officer presenting information about the
Ombudsman’s decisions on formal complaints against members. The
Monitoring Officer explained that the Ombudsman's decision not to investigate a
complaint did not mean that the Member had not breached the Code of Conduct and
there was a need to convey the message to the Member that the conduct was not
appropriate and that the Ombudsman could take this into consideration should he
see a pattern of similar complaints developing against the Member in future. During the discussion, the following points were
noted:- ·
It was important that
people understood that they had breached the Code, even if there was no
investigation. ·
There was concern about
the impact ont he victim if the Ombudsman decided not to investigate. ·
There was a need to
emphasise that the Code must be respected, regardless of the circumstances. ·
If there was a
perception that the Code could be breached in a case that the Ombudsman would
not investigate, the Monitoring Officer should send a letter to the Member,
addressing the Ombudsman’s letter and reminding the Member of the importance of
respecting the Code. ·
There was a need to
emphasise the need for a member to behave respectfully towards everyone at all
times. RESOLVED (a) To note the report. (b) If there is a perception by the Ombudsman that the Code could have
been breached in a case that the Ombudsman does not intend to investigate, the
Monitoring Officer should send a letter to the member concerned, addressing the
Ombudsman's letter, referring to the Ombudsman’s opinion, the importance of the
Code of Conduct and offering help or support suggestions. |
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OMBUDSMAN'S ANNUAL REPORT 2017-18 PDF 67 KB To submit
the report of the Monitoring Officer
(attached). Additional documents: Minutes: Submitted for information – the report of the
Monitoring Officer appending the Ombudsman’s 2017/18 Annual Report. The Monitoring Officer noted that the number of code
of conduct complaint that came to hand relating to Community Councils had
increased 33%. Nevertheless, the number
of complaints across Wales was low - approximately 200. Based on the principle that there was always
room for improvement, the pilot was implemented in Gwynedd, in the hope that it
would bear fruit. RESOLVED to note the
report. |
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WALES STANDARDS CONFERENCE 2018 To receive
a verbal report by the Monitoring Officer. Minutes: Submitted – an oral report from the Monitoring Officer
on the Wales Standards Conference 2018, held in Aberystwyth on 14
September. He noted that a formal report
of the conference would be available in due course and that the 2019 conference
would be held in north Wales. RESOLVED to note the
report. |