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Cofnod Cyf : FOI 11832
Dyddiad Dderbyniwyd : 08/12/2025
Dyddiad Cwblhau : 23/12/2025
Sefydliad : Private Individual
Math y Cais : Private Individual
Categori : Policies and Procedures
Cwestiwn

For the period 1 January 2015 to the present, please provide: 1. Records Retention & Disposal Policies a) The Council’s current Records Retention and Disposal Schedule, including all sections relating to: ? legal advice ? Monitoring Officer advice ? Code-of-Conduct investigations ? Ombudsman investigations ? APW tribunal matters ? Standards Committee papers ? member conduct records ? internal governance/legal files b) Any previous versions of these policies that were in force since 2015. 2. Policies on Legal Advice Retention/Deletion Please provide recorded information showing: a) The specific policy or rule that states legal advice is destroyed after two years. b) When this rule was adopted. c) Which officer or committee approved it. d) Whether this retention rule applies to all legal advice or only certain categories. e) Any exceptions for serious cases such as APW or Ombudsman matters. 3. Monitoring Officer Records Copies of any recorded: a) Policies or guidance relating to how Monitoring Officer advice should be documented, stored, or retained. b) Requirements (if any) for written records of Monitoring Officer advice in conduct or APW-related matters. c) Disposal rules specifically applying to the Monitoring Officer’s notes or advice. 4. Destruction Logs / Audit Trail For the period 1 January 2018 – present, please provide: a) Any destruction logs, schedules, certificates of destruction, or documented evidence showing that legal advice linked to councillor conduct cases—including the Kevin O’Neill matter—was destroyed. b) Any internal emails, notes, or reports discussing the destruction or retention of Monitoring Officer advice connected to Code-of-Conduct cases. If no destruction logs exist, please confirm this. 5. Retrospective Records Please state clearly: a) Whether the Council has ever created retrospective records of legal or Monitoring Officer advice in relation to conduct cases. b) If so, provide copies of any such procedure or examples. 6. Compliance Reviews Please provide any recorded information about: a) Internal audits or reviews of record-keeping or retention practices relating to councillor conduct matters. b) Any findings, risks identified, or recommendations made.

Ateb

For the period 1 January 2015 to the present, please provide: 1. Records Retention & Disposal Policies a) The Council’s current Records Retention and Disposal Schedule, including all sections relating to: ? legal advice - general advice current year +2 litigation advice current year +6 depending on the nature of the litigation the retention can be extended to 8 years or 12 years. ? Monitoring Officer advice – Not included in retention schedule ? Code-of-Conduct investigations – Not included in retention schedule ? Ombudsman investigations – Report 6 years, other documentation current year +2 ? APW tribunal matters – Not included in retention schedule ? Standards Committee papers – Council committee papers are available online or in our public libraries as they have a set permanent retention schedule. ? member conduct records – Not included in retention schedule ? internal governance/legal files – not a specified category in retention schedule b) Any previous versions of these policies that were in force since 2015 – N/A – the Council’s retention schedule has not changed as the periods are set by either legislation, industry standards or common practice. 2. Policies on Legal Advice Retention/Deletion There is no specific policy that relates to the retention/deletion of legal advice. This information is included in the Councils Records Management Policy Please provide recorded information showing: a) The specific policy or rule that states legal advice is destroyed after two years - There is no rule as this is common practice. b) When this rule was adopted - N/A c) Which officer or committee approved it – N/A d) Whether this retention rule applies to all legal advice or only certain categories - Legal advice is split into categories – which retention period applies will be determined by the type of advice provided. e) Any exceptions for serious cases such as APW or Ombudsman matters - N/A 3. Monitoring Officer Records Copies of any recorded: a) Policies or guidance relating to how Monitoring Officer advice should be documented, stored, or retained – Merthyr Tydfil County Borough Council does not have a separate policy that considers monitoring officer advice. b) Requirements (if any) for written records of Monitoring Officer advice in conduct or APW-related matters - No information held c) Disposal rules specifically applying to the Monitoring Officer’s notes or advice - No information held 4. Destruction Logs / Audit Trail For the period 1 January 2018 – present, please provide: a) Any destruction logs, schedules, certificates of destruction, or documented evidence showing that legal advice linked to councillor conduct cases—including the Kevin O’Neill matter—was destroyed - N/A b) Any internal emails, notes, or reports discussing the destruction or retention of Monitoring Officer advice connected to Code-of-Conduct cases - No information held 5. Retrospective Records Please state clearly: a) Whether the Council has ever created retrospective records of legal or Monitoring Officer advice in relation to conduct cases - No b) If so, provide copies of any such procedure or examples - N/A 6. Compliance Reviews Please provide any recorded information about: a) Internal audits or reviews of record-keeping or retention practices relating to councillor conduct matters - None b) Any findings, risks identified, or recommendations made - None