The Ombudsman received a complaint that a Member (“the Member”) of Llansantffraed Community Council (“the Council”) had breached the Code of Conduct. It was alleged that the Member was involved in an incident with a Council contractor (“the Contractor”), following which there was a Police investigation. The Member subsequently pleaded guilty to a charge of causing bodily harm by wanton and furious driving. The investigation considered whether the Member failed to comply with the following provision of the Code of Conduct:
- 6(1)(a) – Members must not conduct themselves in a manner which could reasonably be regarded as bringing their office or authority into disrepute.
A witness account was obtained from the Clerk and information was obtained from the Police and the Court. The Member declined to cooperate with the Ombudsman’s investigation. The investigation found that the nature of the criminal offence involving the Council’s Contractor, the impact upon the young boys hurt in the incident, and the publicity surrounding the incident, which referred to the Council, suggested that the Member’s actions may have brought her office and the Council into disrepute and were suggestive of a breach of paragraph 6(1)(a) of the Code of Conduct. The report on the investigation was referred to the President of the Adjudication Panel for Wales for adjudication by a tribunal.
The Tribunal concluded that the Member had breached paragraph 6(1)(a) of the Code of conduct by bring their office as Councillor into disrepute. Accordingly, the Tribunal decided that the member should be disqualified for 12 months from being or becoming a member of the authority or of any other relevant authority.