The Ombudsman received a complaint that a member(“the Member”) of Llansantffraed Community Council (“the Council”) had breached the Code of Conduct following a criminal conviction for driving whilst over the legal limit for alcohol. The investigation considered whether the Member failed to comply with paragraph6(1)(a) of the Code of Conduct in that members must not conduct themselves in a manner which could reasonably be regarded as bringing their office or authority into disrepute.
When considering the public interest and the overriding purpose of the ethical standards regime in Wales, which is to uphold standards of conduct in public life and maintain confidence in local democracy, the Ombudsman considered that the Member’s conviction was reported in the local press. Press articles, both online and in print, documented the Member’s guilty plea and conviction and highlighted that the Member had been found to be more than double the legal limit for alcohol whilst driving.
The Ombudsman’s guidance sets out that conduct which results in a criminal conviction may bring a member’s council into disrepute even if the behaviour happens in the member’s private life. The Member was more than twice the legal alcohol limit for driving and such behaviour is not of the standard expected of elected councillors. The Ombudsman was also concerned that whilst the Member acknowledged that his conviction may have brought his office as member into disrepute, he said he felt he had already been “punished” and therefore demonstrated a lack of insight into the impact of his criminal behaviour on the reputation of the Council. Therefore, although the conduct complained about occurred in the Member’s personal capacity, the Ombudsman considered that his conviction, which was serious, and the press coverage that followed, may have brought his office as member into disrepute. Accordingly, the Ombudsman concluded that the Member’s conviction was suggestive of a breach of paragraph 6(1)(a) and he may have brought his office as member into disrepute.
The investigation was referred to the Deputy Monitoring Officer of Ceredigion County Council for consideration by its Standards Committee.
The Council’s Standards Committee found that the Member had failed to comply with paragraph 6(1)(a) of the Code of Conduct. The Committee decided that the most appropriate sanction to be applied was a censure.