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The decisions as the council's minutes record them. A plain-language summary follows once it has been written.
AGREED that: i. the public interest test in maintaining the exemption was satisfied. ii. items appendix 3 and 4 of item 4 should remain exempt. iii. to exclude the public and the press from the Committee during such consideration, in accordance with Part 4 of Schedule 12A of the Local Government Act 1972 as amended by the Access to Information (Variation) (Wales) Order 2007.
AGREED: (i) that the procedures to be adopted by the Ethics and Standards Committee in carrying out its functions and making its determination be those incorporated in Part 5 Doc. S of Ceredigion County Council’s Constitution, attached to the Report (Appendix 1). (ii) to consider the report of the Ombudsman’s report dated 12 January 2024 (Appendix 3), in respect of Councillor, and (iii) to make its initial determination in accordance with Regulation 7 of the Local Government Investigations (Functions of Monitoring Officers & Standards Committees (Wales) Regulations 2001. Reason for decision: To comply with the requirements under the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001. The Committee retired to deliberate in private. The Deputy Monitoring Officer was in attendance to advise the Committee. Following deliberations by the Committee, the Committee, public, press and Officers returned to public session. The Chair confirmed that the Committee had RESOLVED as follows: Item 4: 1) on considering the Ombudsman’s Investigation Report dated 12th January 2024 (Appendix 3) that there is evidence which might amount to a failure to comply with the Code of Conduct to give the Councillor the opportunity to make representations, either orally or in writing at a future meeting in respect of the findings of the investigation and any allegation that he or she has failed, or may have failed, to comply with the Code of Conduct in accordance with the procedures adopted above. Reason for decision: To comply with its obligations pursuant to Regulation 7 (b) of the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001. 2) to grant the Deputy Monitoring Officer delegated power, in consultation with the Chair, to confirm the date of a final hearing, having regard to the responses from the Councillor (and Investigating Officer if necessary) upon availability. Reason for decision: To comply with its obligations under the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations. Miss C Davies (Chair) Ceredigion County Council Ethics & Standards Committee
Ms Carol Edwards and Ms Llinos James apologised for their inability to attend the meeting.
None.
Decision as recorded
AGREED that: i. the public interest test in maintaining the exemption was satisfied. ii. items appendix 3 and 4 of item 4 should remain exempt. iii. to exclude the public and the press from the Committee during such consideration, in accordance with Part 4 of Schedule 12A of the Local Government Act 1972 as amended by the Access to Information (Variation) (Wales) Order 2007.
The Deputy Monitoring Officer has determined that Category 8 of the Access to Information (Variation) (Wales) Order 2007 applies to the following report (appendix 3 and 4 of item 4). Her view on the public interest test (having taken account of the provisions of Rule 11.8 of the Council’s Access to Information Rules) was that to make this information public would disclose information relating to a particular individual and would allow information to enter the public domain before the individual has had an opportunity to make representations in respect of it. These factors in her view outweigh the public interest in disclosing the information at this stage. Members were requested to consider these factors when determining the public interest test, which they must decide when considering whether: • the exempt item should remain exempt, and • to exclude the public and press from the meeting. The Committee AGREED that: i. the public interest test in maintaining the exemption was satisfied. ii. items appendix 3 and 4 of item 4 should remain exempt. iii. to exclude the public and the press from the Committee during such consideration, in accordance with Part 4 of Schedule 12A of the Local Government Act 1972 as amended by the Access to Information (Variation) (Wales) Order 2007.
Decision as recorded
AGREED: (i) that the procedures to be adopted by the Ethics and Standards Committee in carrying out its functions and making its determination be those incorporated in Part 5 Doc. S of Ceredigion County Council’s Constitution, attached to the Report (Appendix 1). (ii) to consider the report of the Ombudsman’s report dated 12 January 2024 (Appendix 3), in respect of Councillor, and (iii) to make its initial determination in accordance with Regulation 7 of the Local Government Investigations (Functions of Monitoring Officers & Standards Committees (Wales) Regulations 2001. Reason for decision: To comply with the requirements under the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001. The Committee retired to deliberate in private. The Deputy Monitoring Officer was in attendance to advise the Committee. Following deliberations by the Committee, the Committee, public, press and Officers returned to public session. The Chair confirmed that the Committee had RESOLVED as follows: Item 4: 1) on considering the Ombudsman’s Investigation Report dated 12th January 2024 (Appendix 3) that there is evidence which might amount to a failure to comply with the Code of Conduct to give the Councillor the opportunity to make representations, either orally or in writing at a future meeting in respect of the findings of the investigation and any allegation that he or she has failed, or may have failed, to comply with the Code of Conduct in accordance with the procedures adopted above. Reason for decision: To comply with its obligations pursuant to Regulation 7 (b) of the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001. 2) to grant the Deputy Monitoring Officer delegated power, in consultation with the Chair, to confirm the date of a final hearing, having regard to the responses from the Councillor (and Investigating Officer if necessary) upon availability. Reason for decision: To comply with its obligations under the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations. Miss C Davies (Chair) Ceredigion County Council Ethics & Standards Committee
Appendix 3 and 4 relating to the item above was not for publication as it contains exempt information as defined in paragraph 12 of Part 4 of Schedule 12A to the Local Government Act 1972 as amended by the Local Government (Access to information) (Variation) (Wales) Order 2007. The Committee AGREED: (i) that the procedures to be adopted by the Ethics and Standards Committee in carrying out its functions and making its determination be those incorporated in Part 5 Doc. S of Ceredigion County Council’s Constitution, attached to the Report (Appendix 1). (ii) to consider the report of the Ombudsman’s report dated 12 January 2024 (Appendix 3), in respect of Councillor, and (iii) to make its initial determination in accordance with Regulation 7 of the Local Government Investigations (Functions of Monitoring Officers & Standards Committees (Wales) Regulations 2001. Reason for decision: To comply with the requirements under the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001. The Committee retired to deliberate in private. The Deputy Monitoring Officer was in attendance to advise the Committee. Following deliberations by the Committee, the Committee, public, press and Officers returned to public session. The Chair confirmed that the Committee had RESOLVED as follows: Item 4: 1) on considering the Ombudsman’s Investigation Report dated 12th January 2024 (Appendix 3) that there is evidence which might amount to a failure to comply with the Code of Conduct to give the Councillor the opportunity to make representations, either orally or in writing at a future meeting in respect of the findings of the investigation and any allegation that he or she has failed, or may have failed, to comply with the Code of Conduct in accordance with the procedures adopted above. Reason for decision: To comply with its obligations pursuant to Regulation 7 (b) of the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001. 2) to grant the Deputy Monitoring Officer delegated power, in consultation with the Chair, to confirm the date of a final hearing, having regard to the responses from the Councillor (and Investigating Officer if necessary) upon availability. Reason for decision: To comply with its obligations under the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations. Miss C Davies (Chair) Ceredigion County Council Ethics & Standards Committee
Councillors must say when they have a personal link to something being discussed, such as a job, a property or a family member. A prejudicial interest is one strong enough that the councillor usually leaves the room and takes no part.
Declarations are read from the minutes once they are published.
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