Issue - meetings

That the availability of the revised guidance online be brought to the attention of County Councillors and an email sent to Clerks of Town/Community Councils to this effect.

The Monitoring Officer presented a report on revised guidance on the Code of Conduct from the Public Services Ombudsman for Wales (PSOW) for Town/Community Councils and County Councils.  The two sets of guidance reflected the different responsibilities of each and incorporated a number of changes to the Code of Conduct.

The Monitoring Officer summarised the key changes, as set out in section 1.02 of the report.  He referred to the preface in the guidance which highlighted the expectation on all members to take advantage of training opportunities as part of their roles.  The revised guidance would be drawn to the attention of Town/Community Councils through the training session at the end of the meeting.  The Monitoring Officer also suggested that he email Clerks to highlight the availability of the guidance and to refer to the version on the PSOW website which was kept up-to-date.

Councillor Hilary McGuill asked if Clerks of Town/Community Councils were obliged to keep a record to verify that their members had read the guidance.  The Monitoring Officer advised that this was not a statutory provision, however it was considered good practice for Clerks to record that they had shared the document and that it was the responsibility of individuals to ensure they had read and understood the content.

Councillor Arnold Woolley commented on the Ombudsman’s concerns about repeated low-level complaints generated by a small number of members.  It was explained that these could be considered as a breach of the Code and could also instigate an investigation under the conditions of the new PSOW Bill.  On the 2-stage test for determining potential breaches, Councillor Woolley pointed out that total objectivity could not be achieved when considering public interest levels.  The Monitoring Officer spoke about the approach to reviewing complaints which involved consideration of all the evidence by the Adjudication Panel or Standards Committee, if referred by the Ombudsman.  On the interpretation of bullying and harassment, it was noted that the Advisory, Conciliation and Arbitration Service (ACAS) applied an objective test to the definition of bullying.  The PSOW guidance set out the intention to consider the perspectives of both parties.

The suggested action by the Monitoring Officer was agreed by the Committee.

RESOLVED:

That the availability of the revised guidance online be brought to the attention of County Councillors and an email sent to Clerks of Town/Community Councils to this effect.