A COUNCIL’S complaint against its former chairman following a row over Facebook comments about Christmas trees has been dismissed by the ombudsman.
A complaint was submitted by Pontypool Community Council that former council member Giles Davies, who remains a Torfaen Borough Councillor, had breached the code of conduct that sets out proper behaviour for elected members.
But that has been rejected by the Public Services Ombudsman for Wales, Michelle Morris, who found Cllr Davies had been acting as a private individual questioning how the community council, which she hadn’t named in her report, operates.
Ms Morris said in her report: “It appears to me that the Member, in his private capacity, has scrutinised the Council and held them accountable for their decisions.”
Her report stated the council had accused Cllr Davies of “posting negatively” about it on social media. It was also alleged he communicated “inappropriately” with the town council clerk, that he had undertaken an “obsessive campaign of harassment and hostility” and he was biased against the council.
Ms Morris said there wasn’t any evidence to suggest Cllr Davies had breached the code of conduct, which can also apply to councillors when acting as private individuals, and said the two emails he had sent to the town clerk weren’t inappropriate.
As a result she said the complaints made shouldn’t be investigated.
She found: “The substance of the emails are similar, the Member asks why staff have been asked not to communicate with him and he questions a press release on the Council’s website that he is personally named in. I cannot see that there has been inappropriate communication with the Clerk based on the evidence the Complainant has provided.”
The press release was issued after Cllr Davies, who is a former Labour member but now an independent representing Abersychan on Torfaen Borough Council, had criticised the community council over living Christmas trees planted in his ward.
He questioned the location of the trees, and the decision to replace cut Christmas trees with planted ones and said he was concerned the council’s invitation for members of the public to decorate trees themselves could harm pets and wildlife and the environment.
In her decision Ms Morris also noted Cllr Davies had used his personal Facebook account, which doesn’t include his status as part of his profile name, and “on a number of occasions, he went so far as to say he was speaking in his private capacity.”
She also said Cllr Davies’ posts had “created discussion on local issues which other members of the (Facebook) group took part in and do not appear to have caused controversy which would bring his member role into disrepute.”
However she did tick off Cllr Davies for referring to the Pontypool council in some posts as “lower tier government”.
Ms Morris said: “I would encourage the Member to reflect on his choice of language and to be respectful at all times.”
The Welsh Government says there are “two parts of local government” with unitary authorities, such as Torfaen Borough Council, classed as “principal councils” while town and a community councils form the other part.
Cllr Davies, who had previously served as the chairman of Pontypool Community Council, stepped down from the body in 2022.