Loading
The decisions as the council's minutes record them. A plain-language summary follows once it has been written.
RESOLVED – That the Community Councillor did breach the following paragraphs of the Code of Conduct: 6(1)(a) - You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute. 7(a) - You must not, in your official capacity or otherwise, use or attempt to use your position improperly to confer on or secure for yourself, or any other person, an advantage or create or avoid for yourself, or any other person, a disadvantage. 11(1) - Where you have a personal interest in any business of your authority and you attend a meeting at which that business is considered, you must disclose orally to that meeting the existence and nature of that interest before or at the commencement of that consideration, or when the interest becomes apparent. 11(2)(b) - Where you have a personal interest in any business of your authority and you make oral representations (whether in person or some form of electronic communication) to a member or officer of your authority you should disclose the interest at the commencement of such representations, or when it becomes apparent to you that you have such an interest, and confirm the representation and the interest in writing within 14 days of the representation. 14(1)(a)(ii) - Where you have a prejudicial interest in any business of your authority you must, unless you have obtained a dispensation from your authority’s standards committee, withdraw from the room chamber or place where a meeting considering the business is being held whenever it becomes apparent that that business is being considered at that meeting. 14(1)(c) - Where you have a prejudicial interest in any business of your authority you must, unless you have obtained a dispensation from your authority’s standards committee, not seek to influence a decision about that business. 14(1)(e) - Where you have a prejudicial interest in any business of your authority you must, unless you have obtained a dispensation from your authority’s standards committee, not make any oral representations (whether in person or some form of electronic communication) in respect of that business or immediately cease to make such oral representations when the prejudicial interest becomes apparent. The Committee then invited the Ombudsman’s representative and Councillor Metcalfe to make further representations on the action to be taken in relation to the breach. The Committee retired to deliberate in private. They considered the actions available to them, taking into account the seriousness of the complaint, and that any action should be relevant and proportionate to the complaint. They then reconvened to announce their unanimous decision as follows: RESOLVED – That the following sanction should be imposed: (i) That Councillor David Metcalfe should be suspended from Cefn Community Council for a period of 4 months. (ii) That Councillor David Metcalfe should attend further Member Code of Conduct training.
An apology for absence was submitted on behalf of Sonia Benbow-Jones.
Decision as recorded
RESOLVED – That the Community Councillor did breach the following paragraphs of the Code of Conduct: 6(1)(a) - You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute. 7(a) - You must not, in your official capacity or otherwise, use or attempt to use your position improperly to confer on or secure for yourself, or any other person, an advantage or create or avoid for yourself, or any other person, a disadvantage. 11(1) - Where you have a personal interest in any business of your authority and you attend a meeting at which that business is considered, you must disclose orally to that meeting the existence and nature of that interest before or at the commencement of that consideration, or when the interest becomes apparent. 11(2)(b) - Where you have a personal interest in any business of your authority and you make oral representations (whether in person or some form of electronic communication) to a member or officer of your authority you should disclose the interest at the commencement of such representations, or when it becomes apparent to you that you have such an interest, and confirm the representation and the interest in writing within 14 days of the representation. 14(1)(a)(ii) - Where you have a prejudicial interest in any business of your authority you must, unless you have obtained a dispensation from your authority’s standards committee, withdraw from the room chamber or place where a meeting considering the business is being held whenever it becomes apparent that that business is being considered at that meeting. 14(1)(c) - Where you have a prejudicial interest in any business of your authority you must, unless you have obtained a dispensation from your authority’s standards committee, not seek to influence a decision about that business. 14(1)(e) - Where you have a prejudicial interest in any business of your authority you must, unless you have obtained a dispensation from your authority’s standards committee, not make any oral representations (whether in person or some form of electronic communication) in respect of that business or immediately cease to make such oral representations when the prejudicial interest becomes apparent. The Committee then invited the Ombudsman’s representative and Councillor Metcalfe to make further representations on the action to be taken in relation to the breach. The Committee retired to deliberate in private. They considered the actions available to them, taking into account the seriousness of the complaint, and that any action should be relevant and proportionate to the complaint. They then reconvened to announce their unanimous decision as follows: RESOLVED – That the following sanction should be imposed: (i) That Councillor David Metcalfe should be suspended from Cefn Community Council for a period of 4 months. (ii) That Councillor David Metcalfe should attend further Member Code of Conduct training.
The Monitoring Officer submitted a report (COGC/05/24) asking Members to consider a report of the Ombudsman regarding the conduct of Community Councillor David Metcalfe of Cefn Community Council. The Chair welcomed everyone to the Meeting and asked those present to introduce themselves. He then outlined the process of the Hearing and both parties confirmed they were happy with the procedure. The preliminary stage of the Hearing commenced, and the Ombudsman’s representative highlighted the findings of fact which was that a complaint had been received that Councillor Metcalfe had failed to observe the Code of Conduct for Members. She referenced the undisputed facts which were outlined in the report. The Investigating Officer then made reference to the disputed facts of the case, which were namely whether Councillor Metcalfe acted in an aggressive manner during the full Council meeting on 4 May 2021, and whether he was given the opportunity to declare an interest at that meeting. Councillor Metcalfe was invited to make representations to support his version of the facts. He made the following points: · Acknowledgement that Councillor Metcalfe raised his voice during the meeting as others present at the meeting were attempting to stop him from replying. · Councillor Metcalfe arrived late to the Meeting on 4 May 2021 and wasn’t given the opportunity to declare an interest. · Suggestion by Councillor Metcalfe that whether he was given the opportunity to declare an interest or not was irrelevant as he felt he didn’t need to make a declaration. · Confirmation that Councillor Metcalfe was attending the meeting as a Community Councillor, and a member of the public. · Confirmation that Councillor Metcalfe had undertaken training on the Code of Conduct. · Councillor Metcalfe confirmed that he no longer disputed whether he acted in an aggressive manner, and conceded that he did. The Committee retired to deliberate the findings of fact. They concluded that on the balance of probabilities, Councillor Metcalfe did act in an aggressive manner. They also concluded on the balance of probabilities, that he was given an opportunity to declare an interest at the meeting on 4 May 2021. The Committee then reconvened and the Committee invited a witness, Councillor Philip Vaughan, to the Meeting, who was then given the opportunity to outline his understanding of the case. The Committee had no questions for Councillor Vaughan. The Ombudsman’s representative was invited to make representations as to whether, based on the facts, Councillor Metcalfe had failed to comply with the Code of Conduct. The Committee also heard final representations from Councillor Metcalfe as to whether he thought that he had failed to follow the Code of Conduct. Having heard the written and oral representations from both parties, the Committee retired to deliberate in private. The Committee re-convened to announce their decision as follows:- RESOLVED – That the Community Councillor did breach the following paragraphs of the Code of Conduct: 6(1)(a) - You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute. 7(a) - You must not, in your official capacity or otherwise, use or attempt to use your position improperly to confer on or secure for yourself, or any other person, an advantage or create or avoid for yourself, or any other person, a disadvantage. 11(1) - Where you have a personal interest in any business of your authority and you attend a meeting at which that business is considered, you must disclose orally to that meeting the existence and nature of that interest before or at the commencement of that consideration, or when the interest becomes apparent. 11(2)(b) - Where you have a personal interest in any business of your authority and you make oral representations (whether in person or some form of electronic communication) to a member or officer of your authority you should disclose the interest at the commencement of such representations, or when it becomes apparent to you that you have such an interest, and confirm the representation and the interest in writing within 14 days of the representation. 14(1)(a)(ii) - Where you have a prejudicial interest in any business of your authority you must, unless you have obtained a dispensation from your authority’s standards committee, withdraw from the room chamber or place where a meeting considering the business is being held whenever it becomes apparent that that business is being considered at that meeting. 14(1)(c) - Where you have a prejudicial interest in any business of your authority you must, unless you have obtained a dispensation from your authority’s standards committee, not seek to influence a decision about that business. 14(1)(e) - Where you have a prejudicial interest in any business of your authority you must, unless you have obtained a dispensation from your authority’s standards committee, not make any oral representations (whether in person or some form of electronic communication) in respect of that business or immediately cease to make such oral representations when the prejudicial interest becomes apparent. The Committee then invited the Ombudsman’s representative and Councillor Metcalfe to make further representations on the action to be taken in relation to the breach. The Committee retired to deliberate in private. They considered the actions available to them, taking into account the seriousness of the complaint, and that any action should be relevant and proportionate to the complaint. They then reconvened to announce their unanimous decision as follows: RESOLVED – That the following sanction should be imposed: (i) That Councillor David Metcalfe should be suspended from Cefn Community Council for a period of 4 months. (ii) That Councillor David Metcalfe should attend further Member Code of Conduct training.
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.
The council hasn't recorded attendance for this meeting.
Lists the council's current councillors only. Co-opted members, officers and former councillors aren't shown.