The Ombudsman received a complaint that a Member (“the Member”) of Welshpool Town Council (“the Town Council”) and Powys County Council (“the County Council) had breached the Code of Conduct.
It was alleged that, when attending a County Council event, the Member had spoken in an insulting manner about the Complainant, who was an employee of the Town Council, referring to her as lazy and saying that she was unable to carry out her job properly.
The Ombudsman determined that investigation was appropriate and that paragraphs 4(b) and 6(1)(a) of the Code of Conduct (“the Code”) should be considered.
The investigation found that, whilst the Member denied making the comments, she could not explain why the person she had allegedly made them to (an independent witness), thought she had, other than suggesting a potential misunderstanding because of her hearing issues. The investigation found that this was not sufficient to explain what the witness alleged, and that it was more likely than not that the Member had made a comment/s that could reasonably be interpreted as critical of the Complainant, even if not to the extent alleged. Given the lack of substantive evidence, the absence of any wider detrimental impact (notwithstanding the Complainant’s understandable distress when she was told of the comments), and the Member’s right to freedom of expression, it was not considered proportionate or in the public interest to take further action. However the Member has been reminded of the importance of maintaining a respectful relationship between members and officers, and how comments can be interpreted.