Criticism of the Municipal Executive Board in Sollefteå Municipality for turning over written material to only one party to a civil action in contravention of the constitutional requirement for objectivity and impartiality

Summary of the decision: A municipality contacted a company’s legal counsel after receiving a judgement in a civil action between the company and an individual. The municipality turned over an email and a letter to the company, which the company subsequently referred to in an appeal against the judgement.

According to the Parliamentary Ombudsman, the letter could be construed as the municipality questioning the individual’s claim against the company. Even if the municipality considered itself to be affected by the circumstances to which the judgement related, the Parliamentary Ombudsman does not consider it the place of the municipality to involve itself in a dispute between private parties. According to the Parliamentary Ombudsman, by handing over the material, the municipality might well be perceived as providing the company with evidence and thus taking its part. Moreover, the measure was intended to influence an ongoing civil action to which the municipality was not a party.

In the opinion of the Parliamentary Ombudsman, turning over the documents contravened the Instrument of Government’s requirement for objectivity and impartiality. He criticises the municipality accordingly.