Agenda item

To consider a confidential report by the Monitoring Officer (copy enclosed) in respect of the findings of an investigation conducted by the Public Services Ombudsman for Wales into an allegation that a Councillor failed, or may have failed, to comply with the Code of Conduct of Denbighshire County Council.

pArT II

11.    Code of Conduct PART 3 LOCAL GOVERNMENT ACT 2000

A copy of a confidential report by the MO, which assisted Members of the Standards Committee in considering whether or not to hold a representation hearing in respect of the findings of the investigation conducted by the Public Services Ombudsman for Wales into an allegation that a former Councillor failed, or may have failed, to comply with the Code of Conduct of Denbighshire County Council, had been circulated with the papers for the meeting.

Under Section 69 of the Local Government Act 2000, the Ombudsman may investigate cases in which a written allegation had been made to him by any person that a Member of a relevant Authority had failed, or may have failed, to comply with the Authority’s Code of Conduct. 

The Ombudsman had received an allegation that a former Councillor had failed to observe the Code of Conduct for Members of Denbighshire County Council.  The allegation claimed that a former Councillor had failed to declare a personal and prejudicial interest at a Council meeting.  The Ombudsman had investigated the allegation and concluded that the matter should be referred to the Monitoring Officer of Denbighshire County Council for consideration by the Council’s Standards Committee.

The Local Government Investigation (Functions of Monitoring Officer and Standards Committees) (Wales) Regulations 2001 provided that where any matter was referred to the Monitoring Officer of a relevant Authority by the Ombudsman, then the Monitoring Officer must place that report before the Standards Committee. 

The function of the Standards Committee after receiving such a report was that they must determine either:

(a)       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 was the subject of the investigation, any person who made any allegation which had given rise to the investigation and the Ombudsman accordingly; or

(b)       that any person who was 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 allegation that he or she had failed, or may have failed, to comply with the relevant Authority’s Code of Conduct.

The Ombudsman’s report into the investigation of the allegation made against the former Councillor to the MO had been included as Appendix 1 to the report.  A copy of the procedure for dealing with allegations made against Councillors and referred to the Standards Committee had been attached as Appendix 2.

The Chair clearly defined the role of the Standards Committee in considering whether or not to hold a representation hearing in respect of the findings of the investigation conducted by the Public Services Ombudsman for Wales. 

Following detailed consideration of the report the Standards Committee agreed that the former Councillor be given the opportunity to make representations, either orally or in writing, with regard to the findings of the investigation in relation to the allegation that the former Councillor had failed, or may have failed, to comply with the Code of Conduct of Denbighshire County Council.  The MO outlined the Council’s procedure for dealing with Hearings, details include in the Standards Conference Pack, and confirmed that he would be writing to the former Councillor providing details of the Committees decision and the Hearing process.  Members of the Committee agreed that the Chair authorise the letter to be sent to the former Councillor. 

During the ensuing discussion, it was:-

RESOLVED –that the Standards Committee agreed:-

(a)          that the respective former Councillor be given the opportunity to make representations, either orally or in writing, in respect of the findings of the investigation in respect of the allegation that the former Councillor failed or may have failed to comply with the Code of Conduct of Denbighshire County Council, and

(b)          the Chair authorises the letter to be sent to the former Councillor.

(G. Williams to Action)

Meeting ended at 12.05 p.m.