COUNCIL

Monday, 14 March 2011 at 10.00 am

Bodlondeb, Conwy

Present: Councillor Brenda Taylor (Chair)

Councillors: Stuart Anderson, John Boyle, Cheryl Carlisle,

Chris Cater, Geoff Corry, Brian Cossey, Mary Doyle,
Goronwy Edwards, Phil Edwards, Philip C. Evans J.P.,
Janet Finch-Saunders, Linda Groom, Gail Hall,
Ronald Hastings, Janet Haworth, Andrew Hinchliff,
Jobi Hold, David Holland, Meirion Hughes, Ronnie Hughes,
Christine Jones, Wyn Ellis Jones, Glyn Jones J.P.,
Abdul Khan, William Knightly, Sian Lloyd-Jones,
Susan Lloyd-Williams, Margaret Lyon, Hazel Meredith,
Roger Parry, Ron Peacock, John Pitt, Mike Priestley,
Mike Rayner, Graham Rees J.P., Bill Roberts,
Dilwyn Roberts, Liz Roberts, Samuel Rowlands,
Timothy Rowlands, Susan Shotter, Deion Smith,
Ken Stevens, Trevor Stott, Adrian Tansley, Dennis Tew,
Merfyn Thomas, Tony Tobin, Joan Vaughan,
Jason Weyman Ena Wynne

In Attendance: Denis Cooper (Eversheds) – Legal Adviser

Mark Hammerton (Eversheds) – Adviser on Employment
Law and Practice

Officers: Iwan Davies (Acting Corporate Director), Rhian Evans

(Translator) Dawn Hughes (Senior Committee Services
Officer)

Also in Attendance Byron Davies (Chief Executive) and Richard Penn (Trade
(in part): Union Representative)

Absent: Councillor: Dave Roberts

1061. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors John Bevan, Wil
Edwards, Ian Jenkins, Chris Hughes, Bob Squire and Emlyn Thomas.

1062. DECLARATIONS OF INTEREST: CODE OF LOCAL GOVERNMENT

CONDUCT

Councillors Geoff Corry, Linda Groom, R. Meirion Hughes, Roger Parry

and Deion Smith did not vote in relation to Resolutions (a) to (l), as they
are Members of the Senior Disciplinary Committee and had previous
specific involvement in the matters.
 Councillor Phil Edwards, Glyn Jones J.P. and Ken Stevens declared an
interest in Minute 1067, as they are members of the Investigation
Committee, and therefore did not vote in relation to Resolution (a).

1063. URGENT MATTERS

None.

1064. EXEMPT ITEMS: LOCAL GOVERNMENT ACT 1972, SECTION 100A

AND SCHEDULE 12A (ACCESS TO INFORMATION)

RESOLVED-
That the Public and Press be excluded from the meeting under
the provisions of Section 100A of the above Act during
consideration of the following item as it involves the likely
disclosure of exempt information as defined in paragraph 12 of
Part 4 of Schedule 12A to the Act and that in all the relevant
circumstances, the public interest in maintaining the
exemption outweighs the public interest in disclosing the
information.

1065. ADVICE ON BIAS, PRE-DETERMINATION AND CONFIDENTIALITY,

BY MR. DENIS COOPER (EVERSHEDS)

Mr Denis Cooper, Senior Associate of Eversheds LLP and Legal Adviser

to the Committee provided an explanation in relation to interests, bias and
pre-determination.

1066. TO RECEIVE THE INVESTIGATION REPORT BY THE DESIGNATED

INDEPENDENT PERSON

The Council received the Investigation Report by the Designated

Independent Person (DIP), which was discussed as part of the
recommendations from the Senior Disciplinary Committee (see Minute
1067).

1067. TO RECEIVE THE RECOMMENDATIONS FROM THE SENIOR

DISCIPLINARY COMMITTEE

Mr. Byron Davies and Mr. Richard Penn were invited into the meeting.

Councillor Meirion Hughes, the Chair of the Senior Disciplinary Committee

presented Members with the minutes and recommendations of the Senior
Disciplinary Committee for Council’s consideration. Members were
informed that the Senior Disciplinary Committee had agreed with the DIP’s
recommendations, which are detailed in Resolutions (d) to (j) below; (Note:
(f) was not a DIP recommendation); however other matters had come to
light which could warrant further investigation.

Members were then given the opportunity to ask questions of the Chair of
the Senior Disciplinary Committee in relation to the minutes.
Mr. Davies and Mr. Penn were then given the opportunity to make a verbal
presentation to Council in support of the written response to the DIP’s
report and the recommendations of the Senior Disciplinary Committee.

Members then had an opportunity to ask questions of Mr. Davies and Mr.
Penn in relation to their presentation, after which they left the meeting.

Council adjourned at 11.30 am

Council reconvened at 11.45 am

Prior to Council’s consideration of the recommendations from the DIP’s

Report and the Senior Disciplinary Committee, and the submission by Mr.
Bryon Davies, the minutes of the meeting of the Senior Disciplinary
Committee held on 3 and 7 March 2011 were agreed by members of the
Senior Disciplinary Committee.

Council adjourned at 1.00 pm

Council reconvened at 1.35 pm

The Council then went on to discuss and debate the implications of the
recommendations in detail.

RESOLVED-
(a) That the Council finds that Mr Davies is guilty of misconduct
by virtue of:
(i) his over aggressive behaviour to staff (he was abrasive,
rude and confrontational on frequent occasions);
(ii) his lack of judgement in the events of March 2010 in
drinking and driving; and
(iii) contributing to the failure to maintain the necessary trust
and confidence by reason of his aggressive behaviour.

Those voting in favour: 37

Those voting against: 0

(Note: Councillors Phil Edwards and Glyn Jones J.P. did not vote on this
matter, as they are members of the Investigation Committee)

(b) That the Investigation Committee be asked to investigate

further that:

(i) Mr Davies has misled the Senior Disciplinary Committee

when giving evidence on past criminal matters,
including specifically, when answering the question
‘Have you ever been convicted, arrested or investigated
for any form of misconduct either in work or out of work
in the past?’;
(ii) Mr Davies has misled the Senior Disciplinary Committee
when giving evidence on which matters he had informed
the Council, including specifically, when answering the
question ‘Have you completed a CRB check?’; and
 (iii) The Investigation Committee should consider whether
any misconduct (including any breakdown of trust and
confidence) arose from these or any relevant similar
and/or ancillary matters.

(c) That Council note the following concerns of the Senior

Disciplinary Committee (no action required):

(i) Mr Davies’ continuous denial that he had only drank 3 –

3.5 pints, not withstanding the DIP’s conclusion that he
had drank between 5 – 5.5 pints. The Committee would
have expected a more candid response.
(ii) Mr Davies’ poor recollection and denial of events
relating to Paragraph 52 of the DIP’s report, only when
challenged did Mr Davies recollect the incident. Again
the Committee would have accepted a more candid
response.

(d) That Mr. Davies receives a final written warning to the effect:

(i) That he should not engage in aggressive and

confrontational conduct or language to members of staff
and councillors and should seek to promote harmonious
working arrangements amongst officers and members;
(ii) That he should remain conscious of his role as an
ambassador for the Council in work time and outside
such that his conduct should maintain and enhance the
reputation of the Council and not bring to it discredit. In
particular he must carefully consider whether he is in a
fit state to drive after drinking; and
(iii) These warnings should remain on his record for 24
months.

(e) That Mr. Davies should have no power of any sort to discipline
anyone or recommend disciplinary action (including
dismissals relating to capability, reorganisations, restructuring
and redundancy) henceforth throughout his employment, with
a review after 12 months.

(f) That in light of Recommendation d (ii), Council considers

amending appropriate Council policies and procedures to take
account of this resolution.

(g) That Mr. Davies takes to heart the Council’s anti-bullying policy
and considers the impact of his words and actions on other
people.

(h) That there should be regular appraisals (which should not be

as long drawn out as the first) at yearly intervals and that Mr.
Davies must enter into the proper spirit of them and does not
think that any criticism of him as he put it is ‘an attack’.
(i) That Mr. Davies must accept that people rightly look to the
Council to meet the required standards of propriety.

(j) That Mr. Davies should be careful about conducting any

Council business (as he said he did) in pubs or hotels.

(k) That the following Return to Work Strategy be adopted for

discussion with the Chief Executive and his advisers and that
external facilitation be engaged with Mr. Davies to undertake
the appropriate measures to manage his return to work:

(i) That Mr Davies takes 14 days leave from 14 March

2011, part of the 33 untaken days from 2010/11;
(ii) That Mr. Davies’ direct reports be restricted to
Senior Officers only;
(iii) That the Chief Executive will not hold one to one
meetings with any member of staff or Councillor;
(iv) Actions agreed in discussion should be recorded
in writing;
(v) As an early priority, the Chief Executive will attend
anti-bullying training. Mr Davies, will also certify
his knowledge and understanding of both the law
and policy in respect of victimisation and
harassment and the personal consequence of
engaging in such behaviour;
(vi) Mr Davies will undertake training in relation to
Equalities and Diversity, and Interpersonal Skills
(including listening skills); and
(vii) That Mr. Davies is subject to an enhanced CRB
check prior to him returning to work.

(l) That Council note the view of the Senior Disciplinary

Committee that trust and confidence has broken down and that
there is an opportunity to enter into dialogue with Mr. Davies
regarding a mutual settlement.

Those voting in favour of Resolutions B to L: 28

Those voting against Resolutions B to L: 14

(Note: Councillors Geoff Corry, Linda Groom, R. Meirion Hughes, Roger

Parry and Deion Smith did not vote on Resolutions B – L as they are
members of the Senior Disciplinary Committee).

(m) That Mr. Byron Davies be suspended from his post of Chief
Executive in order for the Investigation Committee to
investigate matters in Resolution (b).

Those voting in favour of Resolution (m): 30

Those voting against Resolution (m): 16 (Councillors Geoff Corry, John
Boyle, Janet Finch-Saunders, Mary Doyle, Janet Haworth, Gail Hall, Ron
Hastings, William Knightly, Margaret Lyon, Hazel Meredith, Roger Parry,
Ron Peacock, John Pitt, Sam Rowlands, Tim Rowlands and Merfyn
Thomas)
(Note: Councillor Brenda Taylor abstained from voting on all the
Resolutions)

(The meeting ended at 3.00 pm)