Report - Complaints nos. LA/R/46, 47, 52, 53 & 54 concerning an alleged contravention of The Councillors' Code of Conduct by Councillor Terry Kelly of Renfrewshire Council

1.0 Introduction
2.0 Outline of the Complaints and Response
3.0 The Investigation
4.0 Consideration of the Complaints and the Response
5.0 Findings and Decision
Appendix A-E The Complaints
Appendix F The Response
Appendix G List of Interviewees
Appendix H Councillor Kelly's Statement of Apology
Appendix I Press article dated 22 April 2004
Annex A Letter from the Respondent dated 5 August 2004

Introduction

1.1 Complaints numbered LA/R/46, 47, 52, 53 & 54, allege a contravention of the Councillors' Code of Conduct ("the Code"). The Code was issued by the Scottish Ministers in terms of section 1 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 ("the 2000 Act") and came into effect on 1 May 2003.

1.2 The persons making the complaints in complaint numbers LA/R/46, 47, 52, 53, 54 are (a) Mr John Patrick, (b) Mr Michael Daly, (c) Councillor Bill Martin (SNP), (d) Mrs Caroline Martin and (e) Councillor David Mylet (SNP) respectively ("the complainants"). They allege a contravention of the Code by Councillor Terry Kelly (Labour) ("the respondent") who is an elected member of Renfrewshire Council ("the Council").

1.3 The complaints allege that at a meeting of the Council on 29 January 2004 the Respondent acted in a threatening, abusive, intimidating and thuggish manner toward, and swore at, the first complainant, Mr John Patrick.

1.4 As the complaints relate to one respondent and the same alleged incident, I decided to conduct a joint investigation.

1.5 The complainants allege that Councillor Kelly breached the Key Principle of Leadership (Section 2.1) and the provision as to General Conduct relating to Conduct in the Chamber or in Committee (Section 3.14) of the Councillors' Code of Conduct.

With regard to Leadership, Section 2.1 provides that;-

"You have a duty to promote and support these principles by leadership and example and to maintain and strengthen the public's trust and confidence in the integrity of the Council and its councillors in conducting public business".

With regard to Conduct in the Chamber or in Committee, Section 3.14 provides that:

"You must respect the chair, your colleagues, Council employees and any members of the public present within the Chamber during Council or Committee meetings or other formal proceedings of the Council....."

1.6 The respondent has signed a declaration of acceptance of the office of councillor under the Local Authorities (Councillors) (Declaration of Acceptance of Office) (Scotland) Order 1990, as amended, in terms of which he has undertaken to meet the requirements of the Councillors' Code of Conduct.

1.7 For the purpose of this investigation, I was assisted by Investigating Officers Mr Howard Llewellyn and Mrs Anne Mahoney.

1.8 This report has been prepared for submission to the Standards Commission for Scotland in terms of section 14(2) of the 2000 Act. The report was submitted in draft form to the respondent for any representations. His response dated 5 August 2004 is set out in Annex A.

Outline of the Complaints and Response

The Complaints

2.1 The complaints arise from a meeting of the Council held on 29 January 2004 and are set out in the respective Complaint Forms which are at Appendices A to E.

2.2 The respondent was present at the meeting on the Labour Party benches in his capacity as a local Councillor. Mr Patrick, who is the first complainant and resides outwith the Council area, and Mr Daly, the second complainant attended the meeting together. Mr Daly was there in his capacity as an organiser for the SSP, to support a group of local residents who wished to submit a petition (concerning a community centre in Paisley's east end) to the Council. Mr Patrick, the third complainant accompanied him. They sat together in the front row of the public gallery. The fourth complainant, Mrs Martin, the wife of Councillor Martin was present at the meeting seated in the second row of the public gallery diagonally behind Mr Patrick and Mr Daly. The third and fifth complainants, Mr Martin and Mr Mylet, were present at the meeting in their capacity as Councillors and were seated, for most of the meeting, on the SNP benches. The meeting started at 9.30am and witnesses state it was noisy and very robust. During the meeting a councillor, not involved in this complaint, was excluded from the Chamber by the Chair but refused to leave. Witnesses indicate that the meeting was at times very rowdy with heated and disparaging comments being shouted from the public gallery and between the opposition benches. There were many (witnesses estimate up to fifty) people present in the public gallery. Most had apparently attended either to deliver a petition (concerning the community centre) or as a deputation (concerning nursery nurses). The witnesses all agree, to a greater or lesser degree, that from the beginning the meeting was loud, contentious and bad-tempered. The meeting concluded at approximately 11.30am and those present left, or began to leave, the Chamber.

Mr John Patrick's complaint

2.3 During the meeting Mr Patrick made a comment to Councillor Kelly about the latter Councillor's lack of civic duty. Councillor Kelly then, as he left the Chamber, approached Mr Patrick in a threatening manner, put his face approximately half an inch from Mr Patrick's and said "Who the fuck are you?" Mr Patrick replied "Why, who are you?" Councillor Kelly then said "Do you think you're a hard man?" to which Mr Patrick replied "No I don't". Mr Patrick says that he remained seated and Councillor Kelly continued to stand over him in a threatening manner with his face still to Mr Patrick's apparently expecting some kind of response. At this point witnesses intervened and Councillor Kelly left the Chamber.

Mr Michael Daly's complaint

2.4 Following Mr Patrick's comment to Councillor Kelly regarding the latter's conduct and integrity towards the Council and the people of the town he represents, Councillor Kelly approached Mr Patrick in a threatening manner , putting his face right up to Mr Patrick's faced and said "Who the fuck are you?" Mr Patrick replied "No I'm not". Mr Daly says that Councillor Kelly continued to intimidate Mr Patrick by staring at him in a threatening manner.

Councillor Bill Martin's complaint

2.5 At the end of the meeting, as the Chamber emptied, Councillor Martin heard a member of the public (Mr Patrick) say loudly to the Labour Group in general "You are not interested in the public, we pay your wages, we voted you in and you don't listen to us, we can vote you out." At no time did Mr Patrick swear or speak to any individual person. He then saw Councillor Kelly march over and stick his face nose to nose with Mr Patrick. Councillor Kelly's actions and threatening behaviour convinced Councillor Martin that there was going to be a fight. He did not hear what was said but saw Councillor Kelly's colleagues pull him back and usher him out.

Mrs Caroline Martin's Complaint

2.6 At the end of the meeting Mrs Martin heard Mr Patrick say things like "we pay your wages and you wont listen to what the public have to say" and "you don't care what people want." Councillor Kelly made a bee-line towards Mr Patrick leaning right over him, his eyes bulging, so that he couldn't get up from his seat and with his faced pressed to within 2 inches of Mr Patrick's face said "Who the fuck are you?" and "Think you're a fucking tough guy?" She did not hear Mr Patrick's reply as he was facing away from her; a councillor came over and seemed to restrain Councillor Kelly, whose intimidatory behaviour and language towards a member of the public was, in her view, disgraceful.

Councillor Derek Mylet's Complaint

2.7 Councillor Mylet alleges only that Councillor Kelly's misconduct was threatening towards a member of the public at a full Council meeting. His complaint contains no further detail or information.

The Response

2.8 Councillor Kelly responded in writing to the complaints. His response was by letter dated 3 March 2004 and is attached as Appendix F.

2.9 In response Councillor Kelly has stated:

(i) The meeting had been subjected to continuous orchestrated barracking and abuse from SSP and SNP supporters in the public gallery. One of the most involved being Mr Patrick, the principal complainant, who with Mr Daly the second complainant, "appeared to be determined to outdo everyone with their level of noise and abuse".

(ii) As people left the room Mr Patrick and Mr Daly "had a go" at Councillor McNally who answered by telling them to get elected if they wanted to be heard in the Chamber. They responded to Councillor McNally with more abuse and then turned to him. Although they were shouting at all the Labour councillors they seemed to him to be particularly targeting him.

(iii) Their shouts included: "remember we pay you"; "you are undemocratic"; "you bunch of crooks"; "bunch of Nazis" and "worse than the SS".

(iv) Mr Patrick spoke personally to him saying "you are nothing but a piece of scum"

(v) He approached Mr Patrick, leant over to be heard because of the sound and fury going on and said "and who might you be?".

(vi) Mr Patrick responded furiously with more abuse and so he stepped back but leant forward again and said "Why do you have to act like such a tough guy?".

(vii) He spoke (so) quietly that only Mr Patrick could have heard him and he rejected assertions that any witness could have heard him.

(viii) He regretted speaking to Mr Patrick saying "No matter what the provocation was I should not have approached him".

(ix) The allegations that his behaviour was "threatening, intimidating and thuggish" were not correct saying that those words more accurately describe how Mr Patrick and Mr Daly behaved.

(x) An incident shortly after he had left the Chamber demonstrated that Mr Patrick did not appear to be intimidated at the time i.e. as they left the Chamber, passing the door to the Labour Group office, Mr Patrick and Mr Daly "tried to force their way into the office" Mr Patrick shouting at him "You better remember my face because you will be seeing me again".

(xi) In conclusion he expressed his regret at the incident, his embarrassment at being the subject of a complaint and apologised for his naivety.

The Investigation

3.1 When I wrote to the respondent requesting his response to the complaints, I also sought information relating to the Complaints from the Council's Monitoring Officer.

3.2 I then took oral evidence from the complainants, the respondent, Members and Officers. The interviews took place on 15 & 16 April and on 11 May 2004. The list of interviewees is at Appendix G.

Consideration of the Complaints and the Response

4.1 The complaints are that at a Council meeting Councillor Kelly used threatening, intimidating and thuggish behaviour towards Mr Patrick, a member of the public. The principal parties are Mr Patrick and Councillor Kelly and their exchanges were witnessed, to a varying degree, by a number of people. Mr Patrick alleges that Councillor Kelly swore at him but Councillor Kelly, while accepting that he did approach Mr Patrick and speak to him, denies swearing.

4.2 Mr Patrick said in interview that:

(i) He (Mr Patrick) was at the meeting at Mr Daly's request, as a member of the SSP to support him and others who were there to present a petition in respect of a local community centre. He did not know whether or not the community centre was on the meeting Agenda but the meeting decided not to discuss it. There were gasps of disbelief from the public when this was announced and the SNP councillors were "aghast". The meeting then became "a bit argumentative" and "descended in to farce"

(ii) At one point, when SNP councillor's microphones were turned off, he was "shouting the odd thing out" including to the effect that this was an "aberration of democracy".

(iii) Sometime during the meeting he shouted that the Chamber "was reminiscent of the Reichstag"

(iv) The Chair threatened, on one occasion, to call the Police -"if the public gallery didn't simmer down".

(v) When the meeting was concluded and as the Councillors left, he shouted "disgrace" at them and that it was (they were) like "Billy Smarts Circus".

(vi) A councillor responded to him to the effect that he had no right to talk to them like that until he'd been elected, to which he replied, to emphasise how much like a circus it was, he "... shouldn't take it out on me if you're laid off Billy Smarts Circus..."

(vii) Councillor Kelly then "headed right towards him" and leaning over him with an arm on his seat "growled"-"Who the fuck are you?" He was "unbelievably close" and Mr Patrick said he thought he was going to head-butt him. Councillor Kelly did not shout but spoke loudly enough for those next to him to hear. He was acting in a very intimidating manner and Mr Patrick thought he was going to "do something" but had had second thoughts as he walked over.

4.3 Mr Daly said in interview that:

(i) He (Mr Daly) was at the meeting as an organiser for the SSP "to do with a petition" (for the community centre).

(ii) Mr Patrick helps him and had accompanied him on that day. He sat next to Mr Patrick on seats in the front row of the public gallery.

(iii) The meeting deteriorated when SNP councillors had their microphones switched of, by the Provost, whenever they wanted to speak.

(iv) He shouted "Where's the democracy?"...."Shame" and remembers Mr Patrick shouting similar things including "is this the Reichstag?"

(v) As Councillor Kelly started to leave the Chamber Mr Patrick said something about "democracy" and to the effect that Councillor Kelly would not be in his seat at the next election.

(vi) Councillor Kelly then "walked straight over (to Mr Patrick)" His fists were clenched and he put his face about one inch from Mr Patrick's face and spoke to him.

(vii) Councillor Kelly said "Do you think you're a fucking hard man?" (Not, as Mr Daly had alleged in his Complaint Form, "Who the fuck are you?")

(viii) Councillor Kelly's attitude was such that Mr Patrick thought he was going to "kiss" ( head-butt) Mr Patrick, so he put his arm on Mr Patrick's (to restrain him) in case he reacted.

(ix) Councillor Kelly left and an SNP councillor, Councillor Vassie, invited them to lunch so they left the chamber.

(x) Just outside the Chamber he passed an office door and heard Councillor Kelly shout "are you looking for me?".

(xi) He was ahead of Mr Patrick (no more than twenty feet) and turned round to see Councillor Kelly leave the office with his daughter (who is also a Labour councillor) and move towards Mr Patrick. He heard Councillor Kelly say to Mr Patrick "what's your name?"

(xii) He recalls that Mr Patrick responded by giving his name but said nothing more. He did not hear (or believe) that Mr Patrick said "Remember my face...."

4.4 Councillor Martin (SNP) said in interview that:

(i) He (Councillor Martin) was at the meeting which was a normal meeting and nothing unusual.

(ii) He did not think that the public gallery was over-noisy although the nursery nurses were more outspoken.

(iii) Although the microphones may have been switched off this was not a big issue on the day.

(iv) At the end of the meeting he did not hear Mr Patrick say anything to Councillor Kelly but saw that he "sped over purposefully" "in a threatening manner" to Mr Patrick and went "nose to nose" with him.

(v) He was 100% convinced that Councillor Kelly was going to start a fight and although he did not hear any of the words which were exchanged he thought that his body-language was "threatening and confrontational".

(vi) He thought that Councillor Kelly was going over "to hit the guy"

(vii) He did recall a comment like ".....pay you..." but didn't remember any "Nazi" type language although Councillor Kelly had accused the SNP group of being "Nazis".

(viii) Councillor Kelly pulled back or he was pulled back by someone who took his arm and spoke to him. Councillor Kelly then left the Chamber.

(ix) He also then left the Chamber and states that he is sure that nothing further happened outside the Labour Group office as swearing would have registered with him.

4.5 Mrs Martin said in interview that:

(i) She (Mrs Martin) was at the meeting sitting in the public gallery behind and to the side of Mr Patrick and Mr Daly.

(ii) The proceedings were "argy-bargy back and forward-from nursery nurses and an other protest group-not vociferous or rowdy".

(iii) During the meeting she had not been aware of Mr Patrick or heard him say anything. She had no recollection of any specific words she heard during the meeting.

(iv) At the end of the meeting she saw Councillor Kelly "all of a sudden make a bee-line towards (Mr Patrick)-went right to him, face in a rage".

(v) Councillor Kelly was "raging" and lent right over (Mr Patrick) face to face and said "Who the fuck are you?"- "Do you think you're a fucking tough guy?"

(vi) Councillor Manser intervened and pulled Councillor Kelly away saying "come on now".

(vii) She was "gob-smacked" that a Councillor had come over and threatened a member of the public. (She) did not find it threatening to her but if (she) had been a member of the public she "would have felt threatened and intimidated". Mr Patrick didn't do anything but lean right back in his chair.

(viii) She and her husband then left the Chamber and saw or heard nothing further.

(ix) Councillor Kelly's "absolutely disgraceful behaviour" concerned a member of the public which made it more serious.

4.6 Councillor Mylet (SNP) said in interview that:

(i) He (Councillor Mylet) was at the meeting.

(ii) During the meeting some people had been quite angry about how Councillors had voted but they were generally well behaved.

(iii) He heard some comments including "you're undemocratic" (which is heard regularly) and something like "...a piece of scum ..." was said by somebody.

(iv) At the end of the meeting he saw that Councillor Kelly "shot over" to, or "made a bee-line" for, Mr Patrick and saw him "stood over Mr Patrick so he couldn't move or get out".

(v) He thought Councillor Kelly was going to attack Mr Patrick. His body language was "very aggressive".

(vi) He heard, "as plain as day" Councillor Kelly say "do you think you're a fucking hard man?" and thought that Councillor Kelly had also asked Mr Patrick "who might you be?"

(vii) Councillor Kelly may have been provoked by the "banter" during the meeting and did look provoked towards the end of the meeting. He "knew something was going on"- "between Kelly and the public gallery" but couldn't say what it was.

(viii) Councillor Kelly's behaviour was "intimidating and thuggish".

(xi) Councillor Kelly was pulled away and was ushered out of the Chamber.

(x) He later saw Mr Patrick in the SNP rooms and found him to be shocked but composed.

(xi) Councillor Kelly's behaviour was serious as, although Councillors may be used to that sort of behaviour, the public do not expect to be attacked "despite provocation".

4.7 Mr McConnon said in interview that:

(i) He (Mr McConnon) was at the meeting as the Council Officer whose job was to "look after the Provost and Councillors" in meetings and elsewhere.

(ii) He had cause more than once during the meeting to ask Mr Patrick to be quiet.

(iii) As the Councillors left the Chamber he heard raised voices and saw that Councillor Kelly, apparently in response to a comment by Mr Patrick, went to Mr Patrick and bent over him.

(iv) He was surprised by Councillor Kelly's behaviour as this was not normal for him.

(v) The two men were face to face, Councillor Kelly having his back to him, and he went towards.

(vi) He heard Councillor Vassie say "Get the police...."

(vii) He intervened and Councillor Kelly left the Chamber leaving Mr Patrick sitting.

(viii) He heard Mr Patrick say "I'll deal with it myself".

(ix) He then left the Chamber and heard further raised voices outside the Labour Group offices.

(x) He saw Mr Patrick at the door to the office looking in and heard him, in a loud raised voice, say "...remember this face..."

(xi) Mr Patrick was trying to get in to the room. He heard him say "...remember who I am..."

(xii) He approached the room and put himself between Mr Patrick and the door. He then closed the door and at the same time, asked Mr Patrick to leave.

(xiii) Mr Patrick replied "I'm sorry big man I'm just leaving" and he and Councillor Vassie, who was with him, then left.

4.8 Councillor Robert McNally (Labour) said in interview that:

(i) He (Councillor McNally) was at the meeting.

(ii) As he left, ahead of Councillor Kelly, Mr Patrick looked at him and shouted "scum" and "we pay your salary".

(iii) He replied "get elected".

(iv) Mr Patrick then shouted at Councillor Kelly- "scum" and other things he did not recall.

(v) Councillor Kelly asked Mr Patrick "Just who are you?" and approached him.

(vi) Nothing in Councillor Kelly's behaviour concerned him. He was quite reasonable and quiet when he went to speak to Mr Patrick. He did not hear what was said but if he had been concerned he would have taken Councillor Kelly away.

(vii) Later he was in the Labour Group office when Mr Patrick came to the door, stood on the threshold and started shouting something like "...you've no' seen the last of me..." He was very aggressive and Mr McConnon intervened to take him away.

4.9 Councillor Thomas Williams (Labour) said in interview that:

(i) He (Councillor Williams) was at the meeting.

(ii) Mr Patrick is a full-time organiser for the SSP. During the meeting Mr Patrick had been shouting and the Provost had threatened to have him removed.

(iii) Mr Patrick was "targeting his remarks" and "winding-up" other people.

(iv) Remarks involving allusions to "Nazis" were made during the meeting and he called on the Provost to do something about such remarks.

(v) He thought the Labour Group as a whole had been referred to as "...a piece of scum..."

(vi) He left the chamber behind Councillor Kelly and saw him go over to Mr Patrick but did not hear what was said.

(vii) Councillor Kelly did not approach Mr Patrick in a threatening manner.

(viii) He saw Councillor Kelly "leaning over" Mr Patrick but he was not concerned that "an incident" would occur.

(ix) Later that day (he thought after lunch) he understood that an incident had occurred at the Labour Group room but could only say that he saw Mr Patrick with Mr Daly and Councillor Vassie in the corridor when Mr McConnon escorted Mr Patrick away.

4.10 Councillor Mark McMillan (Labour) said in interview that:

(i) He (Councillor McMillan) was at the meeting.

(ii) The meeting was rowdier than normal and that an observer would think it was "unruly or surreal". This was manifested by the behaviour of SNP councillors who were "grandstanding" and using words such as "liar" to other councillors. They made "outrageous" and "over the top" comments.

(iii) The public gallery was more vocal than usual and Mr Patrick and Mr Daly were shouting "bizarre personal comments".

(iv) As he left the Chamber he could hear Mr Patrick "mouthing off". He looked back and saw Councillor Kelly leaning forward (towards Mr Patrick).

(v) He did not see or hear any more at that time but stated that he was not worried by Councillor Kelly's behaviour, which never struck him as aggressive.

(vi) He went into the Labour Group room and was sitting at his desk when he heard shouts of " Remember me" from either Mr Daly or Mr Patrick who had stuck his head in the door and was being very vocal and was obviously not intimidated himself. Councillor Hood went towards the door (but Mr McConnon shut it).

(vii) He did not recall specific words but said that during the meeting he could see from Mr Patrick's demeanour and looks towards Councillor Kelly, that Mr Patrick was targeting Councillor Kelly and his daughter.

(viii) Councillor Kelly's behaviour was not abusive, intimidating or thuggish but that those words described Mr Patrick and Mr Daly's behaviour.

4.11 Councillor Ian McMillan (Labour) said in interview that:

(i) He (Councillor I McMillan) was at the meeting.

(ii) There was shouting and barracking from the public gallery although there was nothing offensive or outrageous about it.

(iii) As he left the Chamber he saw Councillor Kelly leaning over and talking to Mr Patrick but did not hear anything that was said.

(iv) Nothing he saw gave him cause for concern. He went into the Labour Group room and a couple of minutes later Mr Patrick came to the door and started to walk in. He said to Mr Patrick "you shouldn't be in here".

(v) Prior to that Councillor Kelly had come into the room and said "Who is that guy?"

(vi) He heard voices outside the room and "that was it".

(vii) He did not see any behaviour which could be described as abusive, intimidating or thuggish.

4.12 Councillor John Hood (Labour) said in interview that:

(i) He (Councillor Hood) was at the meeting which like most Council meetings was not easy, and was very noisy.

(ii) The public gallery was "very rowdy" and "the worst (he'd) seen". Many things were shouted at councillors, such as: "you're undemocratic","remember we pay you" and "you're a bunch of crooks".

(iii) He heard "...piece of scum..." shouted throughout the meeting.

(iv) There were two men in the front row (Mr Patrick and Mr Daly) who were barracking Councillor Kelly's daughter.

(v) He started to leave the Chamber and Councillor Kelly passed him and went up to Mr Patrick. He did not see or hear anything after that but left the room and went to the Labour Group office where he was joined by other councillors, including Councillor Kelly.

(vi) Mr Patrick came to the door and shouted into the room "You'll know me soon enough". He went to shut the door but Mr Patrick put his foot in the door and tried to push against him. At that point Mr McConnon intervened, ushered Mr Patrick away and the door shut.

4.13 Councillor Richard Vassie (SNP) said in interview that:

(i) He (Councillor Vassie) was at the meeting which was quite tense but not "explosive" and "nothing nasty was in the air".
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(ii) He understood that Mr Patrick was at the meeting as he was interested in the community centre.

(iii) A number of Labour councillors goad the SNP with personal attacks such as "...lazy...","...village idiots..." and "...big dafty..." There may have been comments from (the public gallery) such as "...disgraceful..." but there were no taunts although it is possible that the word "Reichstag" was used.

(iv) As people began to leave the meeting Mr Patrick and Mr Daly were taunting councillors, as (he said) they are entitled to (in the democratic process).

(v) They were making hand/arm gestures to accompany saying "Away with you." These gestures could have been seen as a "Seigheil! Although neither of them actually made a Nazi salute.

(vi) They also said "Talk about doing civic duty" "What about the public?" and "This sums up you lot". They were the only people doing that.
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(vii) As he went to leave Councillor Kelly "came back". He thought in reaction to the gestures made by Mr Patrick and Mr Daly although he didn't think they had "overstepped the mark".

(viii) Councillor Kelly put his nose to Mr Patrick and said, without shouting, "Who the fuck do you think you are? Do you think you're a fucking hard man?" This was "a growl" through clenched teeth and although he heard it, it is possible that other people didn't.

(ix) Mr Patrick replied "No I'm just a resident".

(x) He was the only person with a clear uninterrupted view of the incident and he shouted out "someone call the Police" because of Councillor Kelly's language and aggression to a member of the public, neither of which he had never seen before.

(xi) On past occasions Councillor Kelly has himself gestured aggressively and called him a "liar" Councillor Kelly is not a shrinking violet but sees himself as a "nut-basher".

(xii) Councillor Kelly then left. Mr Patrick was taken aback and quite upset but did not want to call the Police. He then invited Mr Patrick and Mr Daly to lunch and took them to the SNP office to give them the Standards Commission complaint forms.

(xiii) Councillor Kelly's behaviour was "abusive, intimidating and thuggish". He should have walked past and ignored it i.e. Mr Patrick and Mr Daly's gestures and words - "Away with you" but neither their gestures nor words overstepped the mark.

(xiv) He witnessed nothing further.

4.14 Mr Robert Ferguson said in interview that:

(i) He (Mr Ferguson) was at the meeting in his capacity as Committee Services Manager.

(ii) There were many members of the public present to support the Nursery Nurses and to present a petition on the Community Centre. Neither of these matters was actually on the Agenda.

(iii) At times the Councillors got quite heated and there were a few comments from the public gallery.

(iv) He was in the room when Councillor Kelly, who was clearly "miffed" and "looked angry", approached Mr Patrick but saw nor heard anything specific other than hearing Councillor Vassie say "That's terrible, he threatened the man."

(v) He did think that it was possible that the situation "could get out of hand" but Mr Patrick did not seem particularly concerned and Councillor Kelly walked away.

(vi) He did not know what caused the incident but he did hear the word "scum" and thought Mr Patrick used it to describe Labour members.

(vii) He witnessed nothing further.

4.15 Councillor Kelly said in interview that:

(i) He (Councillor Kelly) was at the meeting.

(ii) Meetings are usually very noisy and bad-tempered. It is usually the SNP members who make them so and this meeting was "worse than usual"

(iii) The public gallery was noisy and abusive and in his opinion this behaviour was clearly orchestrated. What was said by them showed orchestration

(iv) The community centre was not on the Agenda but the SNP members tried, unsuccessfully, to move a discussion on it.

(v) He didn't know Mr Patrick but understood that he was from Glasgow and that he and Mr Daly were members of the SSP.

(vi) The public gallery was very, very vociferous and Mr Patrick was the loudest and most noticeable person in it.

(vii) He said nothing during the meeting either on an Agenda item or to the public gallery but was convinced that Mr Patrick and Mr Daly were targeting and pointing at him.

(viii) When the meeting closed Mr Patrick and Mr Daly made "Nazi" salutes (at the Labour members as they left the Chamber).

(ix) He started to leave when he saw and heard Councillor McNally saying "get elected" to Mr Patrick who continued to abuse him.

(x) Councillor NcNally left and he doesn't know why but he walked over to Mr Patrick, leant over him and said to him "Who are you?" or "Who might you be?"

(xi) Mr Patrick was bawling in Councillor Kelly's face and Councillor Kelly said "Why do you have to act such a tough guy?"

(xii) A colleague said to him "Terry just leave it - SSP no chance..." He knew he shouldn't have done it .Maybe it was curiosity.

(xiii) He left the Chamber and went to the Labour Group office. Mr Patrick and Mr Daly then appeared in the office door-way. They were making a lot of noise shouting at him.

(xiv) They appeared very, very agitated and angry shouting - "You, you bastard, you'd better remember my face cos you'll be seeing it again."

(xv) He got up and replied "Just you wait there and we'll talk about this" In hindsight he concedes this was daft.

(xvi) Mr Patrick's appearance at the office door was trying to intimidate him.

(xvii) Colleagues intervened to defuse the situation and close the door but Mr Patrick put his foot in the door.

(xviii) Mr McConnon then ushered Mr Patrick away.

(xix) He felt angry as Mr Patrick and Mr Daly were acting to make him lose his temper and it may have worked that time.

(xx) His only intention had been to engage Mr Patrick in conversation.

(xxi) He did not say "Who the fuck are you?" but he did say something about "tough guy" or "hard man".

(xxii) He regrets and is embarrassed, to be in this position. He didn't think that he "snapped" but did respond to Mr Patrick's provocation.

(xxiii) He is determined that none of this will happen again. He said he intended to make a public apology at the next Council meeting.

4.16 The complaints are to the effect that Councillor Kelly approached and spoke to Mr Patrick in a threatening, intimidating and thuggish manner and swore at him amounting to a breach of the Code. It is reasonable to infer that the evidence received comes mostly from complainants and witnesses whose intentions at the meeting were implicitly opposed to the Labour Administration and/or whose party affiliations are divided between the Labour Party on one side and the SNP and SSP on the other.

4.17 Some witnesses, whilst offering helpful information, are not particularly informative on the question of what words were used by Councillor Kelly.

4.18 That Councillor Kelly approached Mr Patrick is admitted by Councillor Kelly.

4.19 His approach is described variously, by the complainants and Councillor Vassie, as "threatening", "intimidating", "thuggish" and "confrontational". Other witnesses draw back from or reject such terms but do agree broadly that his approach drew their attention and for some it raised cause for concern that something was going to happen.

4.20 The evidence shows that Mr Patrick and his associate Mr Daly, had been very provocative during the meeting although it is difficult to ascertain the precise nature of the provocation. Some witnesses say it was within democratic limits but others indicate that "Nazi" allusions were made or could have been drawn from their words and/or gestures.

4.21 Councillor Kelly admits that he stood and "leant over" the seated Mr Patrick.

4.22 The complainants corroborate the alleged use of offensive language and are supported by Councillor Vassie's evidence.

4.23 The other witnesses say that they did not hear him use such language but do not say that he did not do so.

4.24 Councillor Kelly denies using offensive language.

4.25 Councillor Kelly has admitted that he should not have approached and spoken to Mr Patrick and since being interviewed he has apologised for his actions at the Council meeting on the 22 April 2004 (a copy of the text of his apology is at Appendix H).

Findings and Conclusion

5.1 The complaints allege that at a meeting of the Council on 29 January 2004 the Respondent acted in a threatening, abusive intimidating and thuggish manner towards, and swore at, the first complainant, Mr John Patrick.

5.2 As the complaints related to one respondent and the same alleged incident, I decided to conduct a joint investigation.

5.3 The complainants allege that Councillor Kelly breached the Key Principle of Leadership (Section 2.1) and the provision as to General Conduct relating to Conduct in the Chamber or in Committee (Section 3.14) of the Councillors' Code of Conduct, which are set out in paragraph 1.5 above.

5.4 The complainants allege that at the close of the meeting Councillor Kelly approached Mr Patrick in a threatening manner and swore at him saying "Who the fuck are you?" "Think you're a fucking tough guy/man" that, at the conclusion of the Renfrewshire Council meeting on 29 January 2004, Councillor Kelly approached the first complainant in a threatening manner.

5.5 Those interviewed agreed that Councillor Kelly approached Mr Patrick but were divided in their views as to whether his approach was threatening or intimidating.

5.6 The evidence was less divided as to whether or not Councillor Kelly swore at Mr Patrick. A majority of witnesses who say they could hear what was said confirm that he swore. The other witnesses are unable to say whether he did or did not swear as they say they did not or could not, hear what was said.

5.7 The incident was reported in the press (Appendix I).

5.8 In his written response and in interview Councillor Kelly denied swearing and said that Mr Patrick had been provocative throughout the meeting (his vociferous contributions are confirmed by other witnesses). He said that Mr Patrick's conduct, not his, was "threatening intimidating and thuggish". However, he agrees that he approached the seated Mr Patrick and leant over him.

5.9 Councillor Kelly recognised that he should not have approached Mr Patrick, regrets doing so and is embarrassed to be the subject of a complaint.

5.10 He said that he intended to make a formal apology at the (then) next Council meeting (on 22 April 2004).

5.11 He subsequently informed me that he had made the apology and I have received a copy of the Statement of apology, (Appendix D).

5.12 The respondent was sent a copy of my report in draft for comments and in his response of 5 August 2004, he said he confirmed his acceptance of the report, with the proviso that he continued to assert that he did not swear at Mr Patrick. However, he accepted that his approach to him was improper for an elected member and constituted a breach of conduct which he deeply regretted.

5.13 In relation to these complaints, I have found that, at the end of the meeting of Renfrewshire Council on 29 January 2004, Councillor Kelly approached the principal complainant, Mr Patrick, in a threatening and intimidating manner; and swore at, Mr Patrick, and, accordingly, I have concluded that Councillor Kelly failed to show leadership and example or to maintain and strengthen public trust and confidence in the integrity of the Council and its councillors in conducting business and failed to respect a member of the public present within the chamber, and, in so doing, he has breached the Councillors' Code of Conduct as set out in paragraph 5.3 above.

5.14 Having said that I have noted that Councillor Kelly expressed regret for his actions and decided to make a statement of apology at Renfrewshire Council's meeting on 22 April 2004. This statement was duly made and a copy was sent to me. Having taken the apology and the fact it was made at the meeting of the full Council into account, and in considering what action should follow upon my finding that Councillor Kelly has breached the Code of Conduct, I have decided that no further action requires to be taken against Councillor Kelly.

D Stuart Allan
Chief Investigating Officer
Forsyth House
Innova Campus
Rosyth Europarc
Rosyth
KY11 2UU
13 August 2004