Wrthi'n llwytho
Y penderfyniadau fel y mae cofnodion y cyngor yn eu cofnodi. Bydd crynodeb mewn iaith glir yn dilyn pan fydd wedi'i ysgrifennu.
RESOLVED to: 1. Note the arrangements for the appointments process as set out in the report; 2. Note that the recommendation of the Appointments Panel on the appointment of the new independent member of the Committee will be submitted to full Council for approval on 30 January 2025.
RESOLVED to note the information set out in the report.
RESOLVED to: 1. Note the information as set out in the Public Services Ombudsman for Wales Annual Letter (Appendix A) and Annual Report (Appendix B) 2023/2024; 2. Consider the questions posed by the PSOW in the consultation document (Appendix C) and provide any comments or observations as appropriate; 3. Delegate authority to the Director of Governance and Legal Services and Monitoring Officer, in consultation with the Chair, to draft and agree any response/comments to the PSOW by 31 January 2025.
RESOLVED to note the contents of the report and to include timescales for complaints and resolutions in the report going forward.
RESOLVED to 1. Note the content of the report. 2. Provide mid-term refresher training on the Members’ Code of Conduct.
RESOLVED to: 1. Note the minor amendments made, under delegated authority, to the Protocol for the Use of Council Hybrid Meetings Equipment for Political Group Meetings, as shown in Appendix A; 2. Review the Protocol, having regard to the information set out in the report, and provide any comments; 3. Note that if any substantive changes to the protocol are proposed, this would require consultation with group whips and approval by full Council.
RESOLVED: to refer the Respect & Civility Pledge to the six Community Councils within the area of Cardiff Council for their consideration, with the caveat that it is entirely their decision to sign up to it or not.
RESOLVED to: 1. Note the content of the report; 2. Continue with the existing proforma arrangements with Group Leaders (save for the variation referred to in Recommendation 3 of this Report) requiring their submission on an annual basis and for Group Leaders to attend the Standards & Ethics Committee to present the same on an annual basis on a date to be specified by the Committee; with additional attendance at Committee by Group Leaders to be by exception and as requested by Committee; 3. Approve that the section of the current proforma providing statistics and associated data to form part of the Monitoring Officer’s Report; 4. Consider supplementing the Committee’s Forward Work Programme with an action point in line with paragraph 18 of this Report.
RESOLVED to defer the item, to be considered as the first item on the agenda for the next committee meeting.
RESOLVED to: Agree the Work Programme as set out in Appendix A, and, considering its terms of reference and available resources, to agree with the Monitoring Officer any amendments and how it wishes to progress the various items or topics contained therein. Committee agreed to include timings on the agendas going forward.
Apologies were received from Councillor Cunnah.
No declarations of interest were received.
The minutes of the meeting on 16th October 2024 were approved as a correct record. Councillor Brown Reckless did not think that the minutes reflected what was said at the meeting or that they were accurate. She considered that a transcript of the meeting would be better. A vote was taken to agree the minutes. All members agreed that the minutes were a correct record of the meeting other than Councillor Brown Reckless. Councillor Brown Reckless agreed to sign off the minutes with her comments, providing her comments were noted.
Y penderfyniad fel y'i cofnodwyd
RESOLVED to: 1. Note the arrangements for the appointments process as set out in the report; 2. Note that the recommendation of the Appointments Panel on the appointment of the new independent member of the Committee will be submitted to full Council for approval on 30 January 2025.
The Chair noted that a vacancy had arisen for an Independent Member, with Chrissie Nicholls (Vice Chair) giving notice of her resignation in December. The Committee was asked to approve the arrangements to fill the vacancy. Members were invited to ask questions on the report. Councillor Brown Reckless said this was the first she had heard of the new Independent Member and that she had not received any information on her or how the committee approves the appointment. She asked how the committee can approve the appointment on this basis. The Monitoring Officer stated the committee are not being asked to comment on the Independent Member as a person, just to note the process that is being followed. It was explained that it is a courtesy report as there has been past criticism that the committee aren't kept in the loop regarding Independent Member appointments. Councillor Brown Reckless said that committee members had received a short email from the previous clerk to the committee about Chrissie Nicholls resignation and she asked if there had been any other applicants. The Chair explained that because of the time frames, they were able to look at the next highest scoring applicant from the recruitment process which had taken place previously for Louise Evans. The Monitoring Officer reiterated that this is a noting report but if there is dissent then they could take a vote on the recommendations. A vote was taken on the recommendations in the report. Councillor Brown Reckless asked that a recorded vote be taken instead of a show of hands. The chair deferred to the Monitoring Officer. The Monitoring Officer stated that recorded votes are usually used for Council meetings and that a quarter of the committee has to agree to it. The Chair stated that as a recorded vote had been asked for, he would agree to it. All members of the committee agreed the recommendations apart from Councillor Brown Reckless who abstained. The Chair closed this item by noting his thanks to Chrissie Nicholls for all her work on the committee and he wished her well for the future. The Committee RESOLVED to: 1. Note the arrangements for the appointments process as set out in the report; 2. Note that the recommendation of the Appointments Panel on the appointment of the new independent member of the Committee will be submitted to full Council for approval on 30 January 2025.
Rhan o fater a ddilynwyd ar draws 4 cyfarfod
Y penderfyniad fel y'i cofnodwyd
RESOLVED to note the information set out in the report.
The Committee was provided with information about the June 2024 meeting of the National Standards Committee Chairs Forum, Wales, and given an opportunity to consider the issues raised. Members asked questions and sought clarification on the following: Louise Evans commented that this was a very interesting report and forum. A question was asked around whether Standards and Ethics as a committee have missed any of the items that have been drawn out in the forum and whether the committee should be looking at them or whether there are any recurring themes etc. The Monitoring Officer explained that since she has been in post there have been no hearings and as far as she is aware there are no irregularities, and Cardiff is in a good place. Councillor Brown Reckless asked a question around the forum and asked whether it has a role in the hearings and decisions. The Monitoring Officer explained that it is a forum and not a decision-making body. There are no decisions that would influence Cardiff Council. The role of the forum is set out in the background of the report in paragraph 3, which shares comments, experiences and best practices of the chairs. Individuals are invited to speak to the forum, and they share commentary as part of the learning process for committees. The Chair agreed that the purpose is to learn from each other, to improve things going forward. Councillor Brown Reckless voiced her concerns that this stems from the new Standards Guidance Framework. She was concerned that the concept standardised things across Wales, that the guidance is growing out of control and outside of agreed parameters. She stated that the Conservatives have written lots of correspondence about the Standards regime, and she reiterated concerns about coordination and the continued expansion of the Standards regime. She asked that this concern be noted in the minutes. The Chair agreed that her concerns could be noted but added that he does not agree with them. The Monitoring Officer considered that the committee should be kept informed of approaches being adopted elsewhere. The Monitoring Officer explained that if there were any topics that the Standards and Ethics members wished her to take to the forum, they could do so by contacting her directly. The forum meets every six months. It was agreed to note Councillor Brown Reckless’ s concerns and comments in the minutes. Councillor Brown Reckless asked if the Monitoring Officer could provide the Conservative correspondence to the forum, however this motion was not seconded. The recommendation was to note the report, and this was agreed. Councillor Brown Reckless asked that the Monitoring Officer pass the Conservative correspondence to the forum. The Monitoring Officer explained that she doesn't attend the forum and the motion to take the correspondence to the forum was not seconded and therefore wasn't carried. Councillor Brown Reckless then asked if the Monitoring Officer could pass the Conservative correspondence to the correct person on the forum. The Monitoring Officer stated that if Councillor Brown Reckless wanted to liaise directly with her, that she could meet her outside of the meeting. The Committee RESOLVED to note the information set out in the report.
Y penderfyniad fel y'i cofnodwyd
RESOLVED to: 1. Note the information as set out in the Public Services Ombudsman for Wales Annual Letter (Appendix A) and Annual Report (Appendix B) 2023/2024; 2. Consider the questions posed by the PSOW in the consultation document (Appendix C) and provide any comments or observations as appropriate; 3. Delegate authority to the Director of Governance and Legal Services and Monitoring Officer, in consultation with the Chair, to draft and agree any response/comments to the PSOW by 31 January 2025.
The Committee considered the Annual Letter 2023/24 for Cardiff Council issued by the Public Services Ombudsman for Wales (PSOW) together with the PSOW’s Annual Report for 2023/24, as well as the consultation document in respect of Recommendation 2 of the Independent Review; ‘(2) Accused Member not informed of complaint until after assessment: in the interests of fairness and transparency, it is recommended that the PSOW considers reverting to the previous practice of notifying the Accused Member of the complaint once it is received. This would protect the PSOW from criticism in that regard, which might arise from circumstances in which the Accused Member is unsighted of the complaint and learns of its existence via a third party or the media. If the PSOW decides to revert to the previous practice, the process manual will need to be amended accordingly’ Members asked questions and sought clarification on the following: Julia Charles stated that she had asked for this specific item to be on the agenda for her full community Council meeting this week and the consensus of opinion was to reverse back to the previous practice. She wished to add that she herself preferred not knowing due to having been through this process, but she had gone with the general consensus of the Community Council. The Monitoring Officer asked if this was her view in this committee too and was told it was. Councillor Brown Reckless said she had a number of serious concerns and stated that she personally and a number of senior conservatives have called for the Ombudsman to resign; to close the ombudsman office as they have lost confidence in the office and that this is her view too. The Chair said that this topic of discussion was not for this committee to discuss at this meeting. Councillor Brown Reckless considered that it was and added that senior conservative Councillors are concerned about the anti-conservative rhetoric from the ombudsman office and with people saying they are not treated fairly by the Standards regime. She considered this report does not go far enough to address the concerns and she tried to voice these concerns at the last committee, but she was cut off when she tried to speak. She added that she would like these points included in the minutes as her minority view. Louise Evans was interested in the reasons why two methodologies were put forward. She considered it was a good idea to review the process before an individual is told about a complaint and then tell them if it's going forward, she added that she would choose option one for these reasons. The Chairperson was encouraged by such a low figure of five complaints and that none had merited further investigation. Councillor Brown Reckless agreed with Louise Evans’ comments and referred to having a friend with a complaint made against them from a member of the public which had been ongoing for years and eventually dropped by the ombudsman, which was very stressful. Councillor Brown Reckless was also concerned that this can be used as a way to inhibit Councillors from speaking out and keep them in line. She has previously raised the issue of conservative correspondence, of which there have been a lot to the ombudsman. She reiterated the impacts of opening a standard matter against a Councillor and then being left waiting for a long time before being told if it is going to be progressed or not. A vote was taken on the recommendations. Louise Evans and Councillor Brown Reckless chose option 1. Julia Charles chose option 2. Rashpal Singh chose option 1. David Mills & Jason Bartlett abstained as they do not have personal experiences of the process. The Monitoring Officer stated that she would share the different views of the committee. Councillor Brown Reckless asked how many member-on-member complaints there have been since the Monitoring Officer has been in post, the Monitoring Officer summarised that in quarter one there was one complaint that was not progressed or investigated and in quarters 2, 3 & 4 there were zero complaints. The Committee RESOLVED to: 1. Note the information as set out in the Public Services Ombudsman for Wales Annual Letter (Appendix A) and Annual Report (Appendix B) 2023/2024; 2. Consider the questions posed by the PSOW in the consultation document (Appendix C) and provide any comments or observations as appropriate; 3. Delegate authority to the Director of Governance and Legal Services and Monitoring Officer, in consultation with the Chair, to draft and agree any response/comments to the PSOW by 31 January 2025.
Y penderfyniad fel y'i cofnodwyd
RESOLVED to note the contents of the report and to include timescales for complaints and resolutions in the report going forward.
The Committee was provided with an update on complaints made against Members of Cardiff Council or any of Cardiff’s Community Councils alleging a breach of the Members’ Code of Conduct, in particular, complaints notified to the Monitoring Officer during Quarter 3 of 2024/25 (the period from 1st October 2024 to 31st December 2024). Members asked questions and sought clarification on the following: Louise Evans considered this was a positive report and asked whether it was possible, desirable or useful to understand the time taken between the decision to take a complaint forward to a resolution date. The Monitoring Officer explained that there is some general data in previous reports, but she can look to share information on specific cases and add into the reports going forward. The recommendations were agreed with Louise Evans’ Comments. The Committee RESOLVED to note the contents of the report and to include timescales for complaints and resolutions in the report going forward.
Rhan o fater a ddilynwyd ar draws 2 cyfarfod
Y penderfyniad fel y'i cofnodwyd
RESOLVED to 1. Note the content of the report. 2. Provide mid-term refresher training on the Members’ Code of Conduct.
The Committee was provided with a comprehensive outline of the report which provided an update on the outcome of the Member Behaviours Survey undertaken in 2024. Members were advised that where appropriate, the outcomes had been compared to the Exit Survey in 2022 to provide greater perspective. Members asked questions and sought clarification on the following: A discussion took place around training and the Monitoring Officer stated that in addition to the training referred to in paragraph 58 there may be some merit in providing refresher training with regards to anti bullying, harassment, discrimination etc. She added that there may also be merit in refresher training for chairs of meetings. Members were advised that the information from the annual letter from the Ombudsman and from the Members Code of Conduct report showed that the current situation is fairly positive. Julia Charles noted that 61 replies had been received and asked how many people had been asked to complete the survey. The Head of Democratic services said that 93 people had been asked to complete the survey, 79 elected Members and the Independent and Co-opted members too. Louise Evans asked if anyone gets any training on the process, specifically what happens, what type of principles are applied, what evidence is needed etc. and that maybe more understanding of the process and the decision-making process would make it more likely for people to complain. The Monitoring Officer agreed that this was a good point and that her predecessor would have delivered training straight after the 2022 elections, but there may now be some disconnect. She added that the Standards and Ethics Committee at that time would have signed off this training, but she is aware that there are different members on the committee now. The Monitoring Officer stated that she's not fully convinced there's an appreciation of how high the bar for complaints is, so part of the training could be the understanding of this process. Councillor Brown Reckless asked who the co-opted members are, and the Head of Democratic Services explained that they are the Independent members of the Standards and Ethics Committee and the Governance and Audit Committee and the co-opted members sit on the Children and Young People Scrutiny Committee. Councillor Brown Reckless asked whether the Monitoring Officer was proposing that any training would be mandatory. The Head of Democratic Services explained that anything to do with the Members code of conduct is mandatory as agreed by Council as part of the Member Development Strategy, so he considered it would be mandatory training. Louise Evans noted that there may be areas that don't reach the bar for a formal complaint, but there could be an issue and asked what can be done to help people deal with this and to resolve any issues and move forward. The Monitoring Officer referred to the local dispute resolution procedure which is appended to the report. It was explained that there are two stages to this, and they are to deal with lower-level matters such as a lack of respect and consideration etc. the Ombudsman expects to deal with individual local dispute resolutions by Council mediation and then a hearing panel if needed, it was noted that this can be a fine line. Councillor Brown Reckless stated that she often sees heated disagreement between Councillors, but she doesn't see this as bullying, more so a difference of views. She has concerns around treating such disagreements as standards matters when they are political differences. She added that it is not valuable to expect the Monitoring Officer or Standards and Ethics committee to distinguish between what's fair as they don't have the full context. Councillor Brown Reckless wished it to be noted that she is not in favour of the protocol or the local member dispute resolution. She added that she doesn't think the Monitoring Officer should attend political group meetings, as she considers this encroaches on people's freedom of speech and there are other mechanisms such as internal political group mechanisms and elections to deal with issues. Rashpal Singh considered the training, and for it to be mandatory was a good idea and he asked about the employee assistance program. The Head of Democratic Services explained that all Members are signposted to this as well as the counselling service which is free and confidential. He reiterated that Standards and Ethics committee members are entitled to these services too. Julia Charles considered there should be mandatory training for certain topics and that consistency is important but equally the quality and quantity of the training is an important part so it's not just information download. The Monitoring Officer referred to the work of Richard Penn in the recommendation and explained that it should be mid-term training so a refresher approach would fit, especially on targeted areas that have been identified in the survey, as if members have raised any concerns, then it was important to provide a solution. There were no questions on the exempt appendix. A vote was taken on the recommendations. The recommendations were agreed by all. The Committee RESOLVED to 1. Note the content of the report. 2. Provide mid-term refresher training on the Members’ Code of Conduct.
Y penderfyniad fel y'i cofnodwyd
RESOLVED to: 1. Note the minor amendments made, under delegated authority, to the Protocol for the Use of Council Hybrid Meetings Equipment for Political Group Meetings, as shown in Appendix A; 2. Review the Protocol, having regard to the information set out in the report, and provide any comments; 3. Note that if any substantive changes to the protocol are proposed, this would require consultation with group whips and approval by full Council.
The Committee considered feedback in relation to Members’ use of Council IT equipment for Political Group Meetings and review the Council’s protocol on this matter. Members asked questions and sought clarification on the following: Councillor Brown Reckless asked whether the political groups are allowed to use Council equipment and when she was advised that they are, she asked for clarification on what the report about. The Monitoring Officer explained it is about the protocol. Members can use hybrid Council meeting equipment and IT equipment; the report is about a review of and a slight amendment to the protocol which reflects staffing arrangements. The Head of Democratic Services stated that members use this equipment reasonably well and don't have direct support from officers so there's no impact there, it is more about staffing the building while the political group meetings take place, usually in the evenings. The recommendations were noted. The Committee RESOLVED to: 1. Note the minor amendments made, under delegated authority, to the Protocol for the Use of Council Hybrid Meetings Equipment for Political Group Meetings, as shown in Appendix A; 2. Review the Protocol, having regard to the information set out in the report, and provide any comments; 3. Note that if any substantive changes to the protocol are proposed, this would require consultation with group whips and approval by full Council.
Y penderfyniad fel y'i cofnodwyd
RESOLVED: to refer the Respect & Civility Pledge to the six Community Councils within the area of Cardiff Council for their consideration, with the caveat that it is entirely their decision to sign up to it or not.
At the meeting on 6 February 2024 members of this Committee, having considered an Update from the meeting of the National Standards Committee Chairs Forum Wales, on 29 January 2024, requested a report on the Civility & Respect Pledge which has been proposed by the National Association of Local Councils and other organisations, for consideration by this committee as to whether it be recommended to the six Community Councils within Cardiff. Members asked questions and sought clarification on the following: The Monitoring Officer explained that the key points are outlined in paragraph 5 of the report and advised that she has quarterly meetings with community Council clerks. Community Council clerks had previously been asked if they have already seen the civility pledge, Old St Mellons Community Council had, and the other five community Councils were aware of it. Tongwynlais community Council advised they were working through the document. The Monitoring Officer reiterated that it is a decision for each Community Council to decide whether or not to adopt the pledge. Julia Charles asked if it has been sent to the Community Councils. The Monitoring Officer explained that it hasn't been sent from her, but they are all aware of it. Julia Charles stated that she has not had it raised at her Community Council meeting so she will raise this with them. She added that she thinks it's a good thing to run alongside the code of conduct. Councillor Brown Reckless referred to the National Association of Local Councils and asked if this was a Welsh or UK body. The Head of Democratic services explained that most Community Councils in Wales belong to One Voice Wales and also the Society of Community Clerks. The Monitoring Officer clarified that it is a UK wide body. Councillor Brown Reckless sought clarification that it is the Community Council that signs the pledge, not individual Community Councillors, she was advised that this was the case. Councillor Brown Reckless asked whether there was anything for individual Community Councillors to sign. The Monitoring Officer explained that she is not aware of anything, the pledge is for the Council as a whole to sign. Councillor Brown Reckless asked whether the pledge can be enforced and if so, who does that if there's a complaint. The Monitoring Officer referred to ‘professional help’ stated in the report, and she advised that as she hasn't been approached about this, she considered it would be One Voice Wales. She added that the Community Councils do have their own internal dispute arrangements and clerks deal with these matters. Councillor Brown Reckless considered this to be quite a big unknown and that the Community Councillors need to know and understand this before they sign up to the pledge. She was concerned that if the whole Council signs up to the pledge, what happens if there's a change in membership on the Council and individuals may not know anything about it. She wished to state that she thinks Community Councils are wonderful, but she considers this may be a danger of over professionalising them and it could change the nature of the Community Council. The Monitoring Officers explained that there are no enforcement provisions. It's an expression of intention and there would only be enforcement if it stepped into the Members code of conduct. The Monitoring Officer explained that depending on the decision today, if Committee supports the sharing of the pledge with community Councils, she could highlight that it is entirely their decision whether to sign it or not and that she would seek clarification on the professional help and enforcement element as this also has resource implications. David Mills considered that it should be shared out to community Councils, Standards and Ethics committee are not recommending it but just suggesting that they have a look at it. A vote was taken on the recommendations. All members agreed the recommendations with the caveat that it is entirely the decision of each individual Community Council to sign up to it or not. The Committee RESOLVED: to refer the Respect & Civility Pledge to the six Community Councils within the area of Cardiff Council for their consideration, with the caveat that it is entirely their decision to sign up to it or not.
Y penderfyniad fel y'i cofnodwyd
RESOLVED to: 1. Note the content of the report; 2. Continue with the existing proforma arrangements with Group Leaders (save for the variation referred to in Recommendation 3 of this Report) requiring their submission on an annual basis and for Group Leaders to attend the Standards & Ethics Committee to present the same on an annual basis on a date to be specified by the Committee; with additional attendance at Committee by Group Leaders to be by exception and as requested by Committee; 3. Approve that the section of the current proforma providing statistics and associated data to form part of the Monitoring Officer’s Report; 4. Consider supplementing the Committee’s Forward Work Programme with an action point in line with paragraph 18 of this Report.
The Committee was updated on work undertaken by the Working Group, which held its final meeting on 7th January 2025, and considered recommendations arising from its findings. Members asked questions and sought clarification on the following: The Monitoring Officer comprehensively outlined the report, and the Chair wished to put on record his thanks to David Mills for all the work undertaken in the working group. David Mills wanted to thank everyone who attended the meetings and worked to this conclusion. Councillor Brown Reckless also extended her thanks to all. Councillor Brown Reckless referred to the Conservative correspondence that was submitted to the working group for consideration, she stated that she has previously asked for these letters to be considered in open session at a committee and it has not happened. David Mills stated that the Working Group looked through the correspondence and its terms of reference and considered the inputs of those who attended the meetings, the Working Group then came to its conclusion. There were some actions, and they are considered on the agenda items at this committee, the remainder of the actions are dealt with by the protocol. David Mills stated that he was happy this issue had been addressed, and the Working Group had discharged its duties and compiled this final report. Councillor Brown Reckless asked if the Working Group had taken external legal advice. David Mills said they reserved the right to do so but had not deemed it necessary. The Monitoring Officer explained that a number of hours have been spent considering the correspondence that Councillor Brown Reckless had shared including letters to and from the Ombudsman and the Working Group has come to these conclusions. Councillor Brown Reckless said that she objected to the Working Group as she considers it to have met behind closed doors. She added that she felt that the Conservative’s concerns regarding the Standards regime were very real and are not being taken seriously or addressed. The Monitoring Officer explained that written responses were requested in advance of the meeting, but none had been received. Members who attended the Working Group are listed in paragraph 15. David Mills stated that everyone had been invited to contribute and were given the opportunity to attend in person or remotely. The Working Group had considered everything that was presented to it, and it had discharged its duties. Councillor Brown Reckless considered that the Standards and Ethics committee had not discharged its duties as it set up a working group that hasn't addressed the issues. She considered that the correspondence she shared was a written response in advance of the meeting, David Mills explained that it is clear in paragraph 16 of the report that it refers to request for written responses in advance of the meeting on the 7th of January. None was received. It was now a matter for the committee to agree the recommendations in the report. Councillor Brown Reckless asked if the Monitoring Officer had been the legal adviser. The Monitoring Officer confirmed that she had been, as Monitoring Officer and Chief Legal Officer for Cardiff Council. Councillor Brown Reckless noted that one member of the Standards and Ethics Committee had resigned and asked if this had been to do with this correspondence. The Chair explained it was due to a promotion in work and not having the time available for the commitment the Standards and Ethics Committee takes. Councillor Brown Reckless referred to paragraph 18 of the report which referenced the protocol, and said the Conservatives are not in agreement with this and that it should only be the Code of conduct. A vote was taken on the recommendations. All members of the committee agreed the recommendations apart from Councillor Brown Reckless who was not in agreement with the recommendations or the protocol. The Chair thanked everyone involved with the working group for their hard work. Councillor Brown Reckless sought clarification that the Conservative correspondence had been shared with Louise Evans and would be shared with the new Independent Member of Committee when appointed. Louise Evans said that she had received a bundle of papers but couldn’t confirm that the Conservative's correspondence was amongst them, and she hasn't read them all. The Monitoring Officer said she had been assured by the former clerk to the committee that they have been sent. The Chair stated that if the appointment of Ruth Davis was approved, then the Conservative correspondence will be passed to her in due course. The Committee RESOLVED to: 1. Note the content of the report; 2. Continue with the existing proforma arrangements with Group Leaders (save for the variation referred to in Recommendation 3 of this Report) requiring their submission on an annual basis and for Group Leaders to attend the Standards & Ethics Committee to present the same on an annual basis on a date to be specified by the Committee; with additional attendance at Committee by Group Leaders to be by exception and as requested by Committee; 3. Approve that the section of the current proforma providing statistics and associated data to form part of the Monitoring Officer’s Report; 4. Consider supplementing the Committee’s Forward Work Programme with an action point in line with paragraph 18 of this Report.
Y penderfyniad fel y'i cofnodwyd
RESOLVED to defer the item, to be considered as the first item on the agenda for the next committee meeting.
The Committee was asked to form a preliminary view of the Cardiff Undertaking and consider whether it remained fit for purpose and should be retained (and if retained whether it should be amended). Members asked questions and sought clarification on the following: Councillor Brown Reckless referred to paragraphs 6 and 10 of the report and said that they seem to be saying two different things, and a clear legal stance was needed. The Monitoring Officer stated she was of the view that the Cardiff Undertaking would not be binding. There are two different documents, the Cardiff Undertaking is a pledge, and it is not the same as the Member's code of conduct even though some parts are mirrored. Councillor Brown Reckless clarified that it is not binding on people who do not sign it. Monitoring Officer confirmed that was correct as highlighted in paragraph 10. Councillor Brown Reckless stated that paragraph 6 then is the correct position and that this should be included in the minutes. She added that the constitution binds officers, not Members and this should not be confused. She considered that in this and future documents it needs to be made clear that Councillors are not bound by the Cardiff Undertaking if they don't sign it. She felt that Undertaking has a legal meaning which is problematic, and it should be renamed. A discussion took place around the Cardiff Undertaking being included in a bundle of papers to sign at newly Elected Member induction sessions and that it needs to be made clear to Members that it is not mandatory to sign it. The Monitoring Officer stated that the recommendations of the report are to seek the view of the committee on whether the undertaking is amended or withdrawn and then next steps. The Monitoring Officer agreed that the word Undertaking is more of a legal meaning and her view was that the document is not enforceable. It does overlap the Member's code of conduct in certain places. Her personal view was that it should be withdrawn or significantly amended but she did not wish to pre-empt the views of group leaders and non-grouped members, but it would be useful to have a view from the committee to take forward. Julia Charles stated that the meeting had been very lengthy to this point, and she felt that she couldn’t consider this item properly. The Monitoring Officer offered to defer the item, consult with group leaders and non-grouped members and bring the item back to a future meeting and put it as the first item on the next agenda. A vote was taken on this. It was agreed to defer the item, to be considered as the first item on the agenda for the next committee meeting. The Chair assured Councillor Brown Reckless that her points had been noted. The Committee RESOLVED to defer the item, to be considered as the first item on the agenda for the next committee meeting.
Y penderfyniad fel y'i cofnodwyd
RESOLVED to: Agree the Work Programme as set out in Appendix A, and, considering its terms of reference and available resources, to agree with the Monitoring Officer any amendments and how it wishes to progress the various items or topics contained therein. Committee agreed to include timings on the agendas going forward.
The Committee considered its Work Programme and agreed items for consideration by the Committee in 2024/25 and 2025/26. The Monitoring Officer outlined the report stating that she was keen not to overload agendas going forward. The recommendations were outlined. David Mills agreed with the recommendations and stated that he had to now leave the meeting. Councillor Brown Reckless stated that there should be space on the agenda for members to raise concerns on the standards regime throughout the year. The Monitoring Officer asked for members views on this motion however it was not seconded. Louise Evans explained that the conservative correspondence letters were looked at in the working group meetings, so they have been considered. Louise Evans asked for timings to be added to agenda items going forward so that everybody gets a chance to speak, and individual members can be mindful of how long they speak on each item. This was agreed. A vote was taken on the recommendations. All members of the committee agreed the recommendations apart from Councillor Brown Reckless who was against the recommendations as they did not include her request for space on the agenda to speak on the standards regime. The recommendations were carried. The Committee RESOLVED to: Agree the Work Programme as set out in Appendix A, and, considering its terms of reference and available resources, to agree with the Monitoring Officer any amendments and how it wishes to progress the various items or topics contained therein. Committee agreed to include timings on the agendas going forward.
There were none.
Monday 30th April at 5pm.
Rhaid i gynghorwyr ddweud pan fydd ganddyn nhw gysylltiad personol â rhywbeth sy'n cael ei drafod, fel swydd, eiddo neu aelod o'r teulu. Mae buddiant sy'n rhagfarnu yn ddigon cryf i'r cynghorydd adael yr ystafell fel arfer a pheidio â chymryd rhan.
Caiff datganiadau eu darllen o'r cofnodion unwaith y byddan nhw wedi'u cyhoeddi.
Yn rhestru cynghorwyr presennol y cyngor yn unig. Nid yw aelodau cyfetholedig, swyddogion a chyn-gynghorwyr yn cael eu dangos.