PSOW Individual Decisions

It was alleged by a fellow councillor of Abergavenny Town Council (“the Council”), that the Former Member had failed to observe the Code of Conduct for Members of Local Authorities in Wales (“the Code”).  This arose from concerns that he was being investigated, and was subsequently prosecuted, by the Police for the alleged harassment (without violence) of a female minor.  These events did not occur when the Former Member was acting as a councillor, but in the Former Member’s private life. We decided it was appropriate to investigate whether the Member had conducted himself in a manner which could reasonably be regarded as bringing his office as councillor, or his council into disrepute, contrary to paragraph 6(1)(a) of the Code. We gathered information from: the Police; Monmouthshire County Council; the Clerk; and we gathered press articles which reported on the trial and the comments made by the Judge.  The Former Member was acquitted at trial.  The Judge made clear however that the Former Member’s behaviour was not appropriate. Before arranging an interview with the Former Member about the matter, we found that the Former Member had ceased to be a member of the Council, and of a community council where he was also a member, because he had not attended council meetings for a period of 6 months.  In addition, it was clear that the Member was suffering with health concerns. We considered carefully the appropriateness of continuing with our investigation, applying our public interest test.  We decided in all the particular circumstances of the case, that it was no longer proportionate and in the public interest to continue with our investigation, when he is no longer a member. It was right that the complainant had brought the serious concerns to us however, and we explained to the Former Member that should he return to local politics in the future, and should similar concerns of inappropriate behaviour be referred to us, we may take these discontinued complaint matter

It was alleged by the Clerk of Abergavenny Town Council (“the Council”), that the Former Member had failed to observe the Code of Conduct for Members of Local Authorities in Wales (“the Code”).  This arose from concerns about alleged harassing behaviour towards an individual working on behalf of the Council. We decided it was appropriate to investigate whether the Member had upheld his duties as councillor to treat others with consideration and respect; to not harass or bully others; and whether he failed to conduct himself in a manner which could reasonably be regarded as bringing his office as councillor, or his council into disrepute. We gathered evidence from the Council, and also interviewed the individual working on behalf of the Council.  We found there was some evidence of concern regarding the Former Member’s behaviour. Before arranging an interview with the Former Member about the matter, we found that he had ceased to be a member as he had not attended Council meetings for 6 months.  In addition, it was clear that the Former Member was suffering with health concerns. We considered carefully the appropriateness of continuing with our investigation, applying our public interest test.  We decided in all the particular circumstances of the case, that it was no longer proportionate and in the public interest to continue with our investigation, when he is no longer a member of council.  While we decided to discontinue our investigation, it was right that the complainant had brought their serious concerns to us, and we explained to the Former Member that should he return to local politics in the future, and should similar concerns of inappropriate behaviour be referred to us, we may take these discontinued complaint matters into further consideration.