Information on Investigations

Which Sector? > Local Authorities > Angus > LA/An/423

Note Of Decision Web Version

Complaint no. LA/An/423 concerning an alleged contravention of the Councillors' Code of Conduct by Councillor Kathleen M Ritchie JP of Angus Council

1. Complaint number LA/An/423 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor Kathleen M Ritchie JP ("the respondent").

2. It was alleged that the respondent had contravened the Code, in particular, section 2 (Key Principles) and section 3 (General Conduct).

3. The person complaining ("the complainant"), a community councillor of Montrose Community Council, alleged the respondent spoke to him in a rude and derogatory manner whilst attending a meeting of the Angus Community Planning Partnership in the Links Hotel, Montrose in November 2005 when he approached her about arranging another meeting with her, (and others), in her capacity as a Councillor. In support of his complaint he also indicated that he had also been dissatisfied, previously, with the respondent's manner towards him at an event in July 2005. The complainant lodged a written complaint with the Leader of Angus Council, and subsequently received a letter from the Provost of Angus. The complainant also pursued this matter through an MSP and alleged that no response was received to that enquiry.

4. In response to the complaint, the respondent indicated that she was more than a little startled by the complainant's approach to her. She stated that she had been speaking to someone else when the complainant came up behind her, without warning. She referred to her height (five feet), in comparison to complainant's height (taller). She confirmed that she did say the complainant gave her the "heebie-jeebies". She denied the remainder of the allegation. She submitted to me a copy of the letter she subsequently sent to the complainant. I noted that, in this letter, she provided an explanation on how startled she was at the complainant's approach, commented on his conduct towards her at that point, apologised for having said he gave her the "heebie-jeebies" and refuted the suggestion that she said anything else. Her letter had also confirmed that she was replying to the complainant's letter to the Leader of the Council. In that reply she had also indicated that she considered the complainant's conduct towards her to have been inappropriate. The respondent also provided me with detailed information regarding the previous event referred to by the complainant. She refuted any allegations in that regard.

5. I noted the letter issued by the Council's Chief Executive in response to the MSP enquiry about this matter.

6. I found that the statutory remit to deal with this matter was confined to consideration of conduct issues in relation to the individual obligations and responsibilities of an Elected Member in terms of the Code of Conduct.

7. Having reviewed the available information, in particular the specific actions taken by the respondent following the incident in November 2005, to issue the complainant with an explanation of her conduct and an apology in this matter, it was my assessment that the matters raised could not amount to a breach of the Code of Conduct having regard to the provisions in section 2, (Key Principles), of the Code and also in section 3, (General Conduct), of the Code.

8. I also made the general observation that it was not unknown for relationships between Local Authority Members and Community Councillors to be strained due to political differences or the different roles and responsibilities carried out in the locality by each. I considered it was incumbent on both Local Authority Members and Community Councillors to make every effort to minimise difficulties at an individual level in the interests of the communities served by both.

9. Having considered the information that arose from my investigation, I concluded that Councillor Kathleen Ritchie JP had not contravened the Councillors' Code of Conduct.

D Stuart Allan,
Chief Investigating Officer.
Forsyth House
Innova Campus
Rosyth Europarc
Rosyth
Fife
KY11 2UU
16 August 2006