The Ombudsman received a complaint that a Member (“the Member”) of Conwy County Borough Council (“the Council”) had breached the Code of Conduct (“the Code”). It was alleged that the Member failed to observe the Code in email correspondence to Council Officers.
An investigation considered whether the Member’s conduct was suggestive of a breach of paragraph 4(b) of the Code. Information was obtained from the Council. Witnesses, including the complainant, were interviewed.
In relation to the emails sent by the Member, the Ombudsman’s investigation found that the Member’s comments, about Officers within the Council’s Democratic Services were disrespectful and not proportionate in the circumstances. It found that the Member’s comments failed to show respect and consideration. However, the investigation also found that the Member’s comments were based on what he believed to be evidence that a moderation process, in relation to emails, had not been implemented in a neutral way, albeit this was a mistaken belief.
Therefore, while the Member’s comments could be considered as personally insulting, the Member mistakenly believed that Council Officers had acted in a way that was not politically neutral. In considering the full context of the exchange and the politically charged nature of events, the Ombudsman found that any sanction for a breach of the Code would likely amount to a disproportionate interference with the Member’s right to freedom of expression. In view of this, the Ombudsman was not persuaded, on balance that further action would be proportionate in the public interest or would contribute to the rebuilding of future working relationships.
Under Section 69(4)(b) of the Local Government Act 2000, the Ombudsman determined that no action needs to be taken in respect of the matters investigated.