The Ombudsman received a complaint that a Member (“the Member”) of Abertillery & Llanhilleth Community Council (“the Council”) had breached the Code of Conduct.
It was alleged that the Member bullied and harassed officers of the Council by:
- Making false, unfounded and malicious complaints against the officers;
- Making false statements in Council meetings and in emails sent and documents shared, when acting in his capacity as member;
- Misusing his position to gain access to personal information and documents.
It was also alleged that the Member:
- Disclosed confidential information to Council members and to members of the public; and
- Failed to disclose a personal and prejudicial interest in Council meetings.
Information was obtained during the investigation from the Council and Audit Wales. Witnesses, including the Complainant, were interviewed. The Member was also interviewed.
The nature of the allegations made against the Member are serious; overall he engaged in persistent disrespectful behaviour over a prolonged period, which ultimately led to an accusation which was suggestive of impropriety on the part of officers of the Council.
It was considered that the Member’s disrespectful conduct likely impacted the officers involved in the preparation of the accounts, as well as the Council and Audit Wales, and that the Member’s irresponsible use of language towards officers on one occasion demonstrated conduct which went beyond what might be regarded as a reasonable challenge, to the extent it is suggestive of a breach of paragraph 4(b) of the Code.
There was however no evidence to suggest that the Member personally gained from any of his actions, and he did not obviously misuse his position for his personal gain.
Historically, the Council had a poor record relating to its financial management and Audit Wales identified several issues relating to the accounts that the Member was concerned about. Whilst this does not justify the way the Member chose to raise his concerns, it cannot be concluded that his concerns were wholly unfounded or that he was not entitled to raise concerns within the wide bounds of a member’s right to freedom of expression.
There is no previous history of the Member being referred to the Standards Committee or to the Adjudication Panel for Wales. The passage of time since the incidents occurred, which is significant, as well as the Member’s personal circumstances are also relevant. These factors, when considered together, led on balance to a determination, that it is not in the public interest to take further action in relation to these issues.
However, the Member’s poor conduct towards officers of the Council is not condoned by this office. The Member will be reminded of his obligation to abide by the provisions of the Code and to consider how his conduct impacts on others.
Under Section 69(4)(b) of the Local Government Act 2000, it has been determined that no action needs to be taken in respect of the matters investigated.