Powys community councillor banned for misleading Audit Wales

Donald Jenkins, who previously held the role of head of St Harmon community council, as well as its clerk, was banned for 15 months in August 2023 after misleading Audit Wales “to cover up poor governance", and "to lessen criticism by Audit Wales about his own conduct”.

The investigation by Audit Wales looked at whether refurbishments of local bus shelters had been properly put out to tender.

Mr Jenkins, who was elected as chair in 2017, claimed that he had put out the work to tender and put up notices to allow companies to apply.

But it was found that while Mr Jenkins initially claimed he “displayed it on notice boards at some point between December 2017 and January 2018”, this was found to be implausible as the notice he provided had the address of the town clerk - who did not start in her role until several months later.

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Mr Jenkins agreed to look through his records, but couldn't produce evidence of any tender notice displayed in the community. He later “claimed that he did not post a tender notice, and that it was someone else who created the tender notice and posted it”, Audit Wales said.

They also found that some the accounting statements related to the work “had been amended using correction fluid” and that “some of the amendments had been initialled ‘DJ’ and some ‘DWJ’ suggesting the amendments had been approved by Mr Jenkins”.

Prosecutors in the case “considered that production of the tender notice was an attempt to evidence to Audit Wales"; “that the bus shelter contract was procured competitively, when it is likely that there was no competitive procurement for the refurbishment of the bus shelters”.

The investigation has also revealed a deeply divided council.

During his defence Mr Jenkins said he believed that “a small number of individuals including the complainants conspired together to cause disruption and embarrassment to the council, conspired to attempt to intimidate and bully both the clerk and myself into doing their bidding resulting in the clerk’s resignation.”

He went on to describe the behaviour of certain factions involved in applying for community funding awards from the Relevant Authority. Mr Jenkins considered that the intention was to; “disrupt embarrass and build a reason for complaint.”

Mr Jenkins thought that in the context of a separate element of the Audit Wales Report that there had been “commotion” and “intimidation”, some of which “was quite frightening” and was not surprised that mistakes were made in the circumstances.

“Whilst I accept that this council has never done things correctly for many years if ever and that many of the policies, procedures, and practices may be out-dated and not fit for purpose, the council is making efforts to address the situation,” said Mr Jenkins.

St Harmon community council has also spent a substantial amount of money on the investigation.

Minutes from a meeting in November 2021 show that the council decided to push on with the investigation despite it potentially costing £16,000, which “would rise the council tax per residence by approximately £51.12 for one year”.

The community council was approached for comment, and confirmed it had been fully audited for the last two years and handed a clean bill of health.