The Ombudsman received a complaint that a Member (“the Member”) of Magor with Undy Town Council (“the Council”) had breached the Code of Conduct during a pre-election period by endorsing a social media post which alleged criminal conduct by the Complainant, who was standing for re-election, in relation to historical Council matters.
Our investigation considered whether the Member failed to comply with the following provisions of the Code: 4(b) – You must show respect and consideration for others.
7(a) – You must not use your position for an improper purpose to create an advantage or disadvantage for yourself or another person.
Relevant information was obtained from the Council and the Police. The Complainant was interviewed. The Member’s written responses, (those provided informally and as an alternative to a formal interview), were considered.
The Ombudsman found that the evidence suggested that the Member had likely shown disrespectful behaviour towards the Complainant that was suggestive of a breach under paragraph 4(b) – disrespect, of the Code. However, the Member’s conduct did not justify a finding under paragraph 7(a) – improper use of position, of the Code.
The Ombudsman concluded that no further action was required when considering the public interest. The breach was not serious enough to warrant further action.
Taking account of the Member’s acceptance that the comments in the social media post were inappropriate and her apology to us for her mistake, the Ombudsman considered that a referral to the County Council’s Standards Committee for a hearing would not be in the public interest, nor a proportionate use of her limited resources.