The Minutes of the Special Meeting have now been published:
http://modgoveng.conwy.gov.uk/mgAi.aspx?ID=27917If it is all true, you have to wonder why on earth he was ever employed in the first place? What a complete disaster for CCBC. Bring on the elected Mayor, I say, the taxpayers have had enough of this nonsense.
Of particular interest:
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(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