'Racist' posting did not break code

Report by Kathy Bailes

A LOCAL government investigation has found that North Deal district councillor Bob Frost did not breach the members’ code of conduct by posting a “racist” comment on his Facebook page.

Investigating officer Duncan Milne, a former Swale council legal department chief, was brought in to investigate a complaint made by Mike Sargent, secretary of Dover Trades’ Council, after the Express exclusively revealed Councillor Frost’s posting, referring to “jungle bunnies”, in August.

Mr Sargent claimed the posting breached several paragraphs of the code, including treating others with respect, not causing the authority to breach equality enactments and not acting in a manner which could bring it into disrepute.

But Mr Milne’s report, to be discussed at a DDC committee meeting on January 4, says the code does not apply “at any time in [members’] private capacity.”

Mr Milne says in the report: “It can be seen from the posting ... that what was said was, as the subject member agrees, ‘a stupid play on words’ which could have had racist overtones.

“However, in assessing this matter from a code of conduct standpoint, it is important to note that at no point in the exchange does the subject member hold himself out as being a councillor or refer to Dover District Council in any way.”

The report states that as Cllr Frost had a “friends only” setting on his Facebook page, the comment was not intended to be public. Mr Milne adds: “It does however seem that his choice of friends was unfortunate and that, one such friend, namely the reporter for the Dover Express, "appears to have been the person who leaked the matter.”

Mr Milne concludes that “Cllr Frost has recognised that his posting could have caused offence, issued a full apology and removed I the posting at the earliest opportunity. I therefore find there has not been a failure to comply with the code of conduct.”

Mr Sargent, who made the complaint in a personal capacity, said: “It was atrocious the way he behaved. It is all very well saying it was in a private capacity but everyone knows he is a district a councillor.

“It is a bit of a rum do.”

When asked by the Express for his reaction to the ruling, Cllr Frost said: “I really can’t be bothered to comment.”