The Ombudsman received a complaint that a former Member (“the Former Member”) of Llansteffan and Llanybri Community Council (“the Council”) had breached the Code of Conduct (“the Code”) by failing to declare his personal and prejudicial interests in Council business relating to village green (“the Village Green) matters when he attended a Village Green Committee (“the VG Committee) meeting and a Council meeting. The investigation considered whether paragraphs 10, 11 or 14 of the Code had been breached.
The evidence confirmed and, at interview, the Former Member accepted he had a prejudicial interest in Village Green matters within the meaning of the Code because of his connections with the Village Green and the land adjacent to it.
In relation to the VG Committee meeting, there was some conflicting evidence provided about whether it was a formal meeting and the
Former Member’s capacity when attending. However, the balance of the evidence suggested that it was a formal meeting of the VG Committee and gave the clear impression that the Former Member attended as a councillor. Therefore, the Ombudsman’s view was that the Former Member ought to have declared his interest in Village Green matters, left the meeting when the period for public participation ended and not further participated in discussions. The failure to do so was suggestive of a breach of paragraphs 11(1), 11(2)(b), 14(1)(a) and 14(1)(e) of the Code.
When the Former Member attended the relevant Council meeting, his interests remained the same. The failure to declare his interest and leave the room when Village Green matters were discussed suggested further breaches of paragraphs 11(1) and 14(1)(a) of the Code.
The Former Member’s lack of experience and training, the absence of any personal gain, harm caused to another or intent to abuse his position to create an advantage for himself or disadvantage others were considered. It was further noted that the outcome of the meetings was unlikely to have been any different had he not been present at the relevant meetings. It was noted that shortly afterward the Standards Committee of Carmarthenshire County Council granted the Former Member a dispensation to participate in future Village Green matters. Finally, based on the Former Member’s acknowledgement of wrongdoing and apology at interview, together with the fact that he was no longer a member of the Council, it was determined that the breaches were not so serious that a referral to the Standards Committee was appropriate or required in the public interest.
Under Section 64(4)(b) of the Local government Act 2000, the Ombudsman decided that no action needed to be taken in respect of the matters investigated.