An employee of Sully and Lavernock Community Council (“the Council”) complained that a Former Member (“the Former Member”) used bullying and disrespectful language towards him during a telephone conversation in September 2021.
The Ombudsman investigated whether the Former Member’s conduct was suggestive of a breach of paragraphs 4(b), 4(c), and 6(1)(a) of the Code of Conduct (“the Code”).
The employee complained about the Former Member’s behaviour to the Police and the Ombudsman on the day of the telephone conversation. The Former Member resigned from the Council on the same day. The Former Member denied the allegations to the Police, who took no further action.
The Former Member refused to be interviewed and did not wish to participate in the Ombudsman’s investigation. However, the Former Member confirmed that a telephone conversation occurred but said that the Code did not apply at the time as they had resigned from the Council. The Ombudsman therefore determined the investigation on the evidence available and concluded, on the balance of probabilities, that the Former Member was a Member at the time of the telephone call and had directed offensive language towards the employee which could be considered disrespectful and bullying.
The Ombudsman concluded that the Former Member’s conduct was suggestive of a breach of paragraphs 4(b), 4(c), and 6(1)(a) of the Code. However, as the Former Member had resigned from the Council and had not been elected to any Council at the May 2022 elections, the Ombudsman did not consider it to be in the public interest for any further action to be taken.