It was alleged that a Former Member’s emails to the Clerk of the Council on 13 September, 16 September and 8 October 2024 (“the Emails”) breached the Code of Conduct (“the Code”).
The Ombudsman determined that investigation was appropriate and that the following paragraphs of the Code should be considered:
• 4(b) – You must show respect and consideration for others.
• 4(c) – You must not use bullying behaviour or harass any person.
• 6(1)(a) – You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute.
All relevant information was obtained from the Council. The Complainant and the Clerk were interviewed. The Former Member was also interviewed and his written responses to the complaint (both pre and post interview) were considered.
The Ombudsman found that the interference with the Former Member’s Freedom of Expression rights could not be justified in this case, and therefore the Emails were not capable of breaching the Code.