The Ombudsman received a self-referred complaint from a Member (“the Former Member”) of Pembrokeshire County Council (“the Council”) that he had breached the Code of Conduct (“the Code”). It was alleged that the Former Member had recorded a racist voice note (an audio voice recording of a message) that he then sent to his partner, via the “WhatsApp” instant messaging application. It was also alleged that the Former Member shared information relating to Council business alongside disrespectful comments about members of the public to his partner, via WhatsApp.
At the time of submitting the self-referred complaint, the Former Member was a member of the Council. He later resigned.
The investigation considered whether the Former Member had failed to comply with the following provisions of the Code of Conduct:
- 4(b) – Members must show respect and consideration for others.
- 5(a) – Members must not disclose confidential information or information which should reasonably be regarded as being of a confidential nature, without the express consent of a person authorised to give such consent, or unless required by law to do so.
- 6(1)(a) – Members must not conduct themselves in a manner which could reasonably be regarded as bringing their office or authority into disrepute.
The investigation considered information from the Council. Witness accounts were obtained, and a Digital Evidence Report was obtained from a provider of Digital Forensics and Corporate Forensic Investigations.
The Member was also interviewed.
The investigation found, on balance, that the Former Member created the voice recording and that he sent it to his partner via WhatsApp. The content of the voice recording was considered racist. Evidence of widespread media reporting of the voice recording was considered. The investigation found that the Former Member’s conduct could reasonably be regarded as disreputable and was capable of seriously undermining public confidence in the Council and the office of member, therefore suggestive of a breach of paragraph 6(1)(a) of the Code.
The investigation found that the Former Member was not acting in his official capacity when he shared information relating to Council business alongside disrespectful comments about members of the public to his partner, via WhatsApp. It was therefore found that paragraphs 4(b) and 5(a) of the Code were not engaged in this case. However, the investigation found that sharing the information alongside disrespectful comments about members of the public was inappropriate and suggestive of a further breach of paragraph 6(1)(a) of the Code.
The report on the investigation was referred to the President of the Adjudication Panel for Wales, for adjudication by a tribunal. The Case Tribunal determined that the Former Member had acted in breach of paragraph 6(1)(a) of the Code. He was disqualified from acting as a councillor for any authority for a period of 4 years.