Carl Sargeant AC/AM x ZL Y Gweinidog dros Gyfiawnder Cymdeithasol a Llywodraeth ¢ SK Leol NY OP Minister for Social Justice and Local Government a) Liywodraeth Cynuliad Cymru Urgent: this letter requires urgent action by the Council Welsh Assembly Government By email and fax Eich cyf/Your ref Ein cyf/Our ref SF/CS/095/11 Cllr Clive McGregor Leader Isle of Anglesey County Council Council Offices, Llangefni Ynys Mon LL77 7TW 416" March 2011 clivemegreaor@anglesey.gov.uk Dea CUVC , The Local Government (Wales) Measure 2009 — Direction under section 29 You will be aware that last month | requested the Auditor General for Wales to conduct a re- inspection of the Isle of Anglesey County Council, following the Corporate Governance Inspection in 2009. The Auditor General undertook that inspection in accordance with his powers of special inspection under section 21 of the Local Government (Wales) Measure 2009 (‘the 2009 Measure’) The Auditor General issued a report of his recent inspection earlier today. That report recommended that | issue a further direction to your Council using my powers in section 29 of the 2009 Measure because your Council is failing to meet its obligations in respect of Part 1 of the 2009 Measure. | have carefully considered the Auditor General's report along with the evidence | received from my Recovery Board. Given the gravity of the conclusions of the Auditor General and in particular his recommendation that | should issue directions under section 29 of the 2009 Measure | have decided that urgent action is necessary to ensure that action is taken to ensure your Council meets the requirements of Part 1 of the Measure. | therefore enclose a direction which | formally make to the Council. It has effect as from 4pm today. | have also decided that from today the Direction issued to your Council in 2009 by my predecessor under section 15 of the Local Government Act 1999 is withdrawn. Your Council now needs to give urgent attention to compliance with the attached direction. English Enquiry Line 0845 010 3300 Bae Cacrayds « Carat Bay Line Ymotiadau Cymraeg. 0845 010 4400 (Caerdydd + Caritt lacs” Fax 029 2089 8522 (CF99NA Correspondence. Carl Sargeant Wales.25.g0¥-uk Wedi'i argraffu ar bapur wedi’i ailgylchu (100%) Printed on 100% recycled paperThe attached direction prohibits the Council from exercising all the functions of the executive. These functions will now be exercised by my Commissioners on my behalf. | will expect the fullest co-operation by members and employees with my Commissioners to help secure recovery for the Council. The Commissioners will arrive at the Council tomorrow The attached Explanatory Memorandum and Direction explain who the Commissioners are and the extent of their role in exercising the functions of the authority. In addition under the Direction | retain the power to amend the Council's constitution and any changes to the Constitution will need to be approved and made by me. | have also retained the power to designate a head of paid service (under section 4(1) of the Local Government and Housing Act 1989). From today | will also exercise the functions of the Council to designate the Monitoring Officer (section 5 of the Local Government and Housing Act 1989) and appoint a section 151 (finance) officer (Local Government Act 1972). | confirm | am content for the current incumbents in these statutory officer posts to continue. In the event of any vacancies (or in the event that | decide to withdraw the designations) | will notify you accordingly and exercise the appropriate functions to ensure that the authority continues to have these regulatory officers in post as required by statute, The Direction requires full and effective commitment by all members of the Council and its management to a rapid and sustainable recovery by way of response. Should the Direction prove inadequate in this regard, or otherwise, | reserve the right to make further directions as appropriate. You will note that at this stage | have not accepted all of the Auditor General's recommendations. The attached Direction addresses the urgent action | consider necessary as a first phase of response to the recommendations. | will be considering the other matters further with my officials over the coming weeks and will be in contact with you regarding any further action | intend to take. Due to the urgent need for me to act on the Auditor General's recommendation the attached Direction has been prepared in English only. A Welsh translation will follow shortly | am copying this letter to David Bowles, Elan Closs Stephens and Steve Thomas at the WLGA. Yours sincerely CNS at Carl Sargeant AM/