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Complaint no. LA/An/657 concerning an alleged contravention of the Councillors' Code of Conduct by Councillor Ruth Leslie Melville of Angus Council

1. Complaint number LA/An/657 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor Ruth Leslie Melville (the respondent"). The respondent is the Provost of Angus and, as such, chairs meetings of Angus Council.

2. It was alleged that the respondent had contravened the Code, in particular, the Key Principles of Leadership and Respect contained in section 2 of the Code.

3. The person complaining, Councillor Glennis Middleton ("the complainant") alleged that as they were about to enter the Council Chamber for a meeting of Angus Council on 8 November 2007, the respondent slapped her on the behind twice and called her a "naughty girl". The complainant felt this to be offensive and demeaning behaviour. She alleged that it breached the requirement for councillors to treat each other with respect and contravened the Key Principles of Leadership and Respect set out in the Code.

4. The incident complained of took place on the stair landing outside the Council Chamber at Town and County Hall, Forfar. The complainant had been delayed by a telephone call and arrived at the entrance door of the Chamber after other councillors had gone in. The Provost, accompanied by the Council Officer, was on the landing, about to go in and start the meeting. The complainant apologised for being tardy and asked the Provost if she would wait a moment while she got a drink from the water cooler on the landing.

5. There were, therefore, three parties present when the action complained of occurred. The complainant stated that the contact was offensive to her and forceful. She believed it was intentional because it was her recollection that the respondent was standing at the door of the Chamber and would have had to take five or six steps across the landing to reach her and slap her at the water cooler.

6. The Council Officer's evidence was that there was indeed a gesture by the Provost. However, he indicated that the circumstances were not as the complainant believed them to be in that Councillor Leslie Melville did not cross the landing and intentionally go towards Councillor Middleton. Rather, the Provost was standing with her back to the stair window and, as witnessed by the Council Officer, made a friendly 'gee up' gesture as Councillor Middleton passed by her. Having witnessed the gesture, and although he thought the Provost made contact with Councillor Middleton, it was the Council Officer's view that no malicious intent could be attached. The respondent, herself, stated that she had no recollection of the alleged incident and insisted that if there was any contact it was inadvertent.

7. I found the evidence of the Council Officer frank and convincing, and I considered that he gave a reliable description of what passed just before the Council meeting. Essentially, it was to the effect that there was a "gee up" gesture by the respondent which made contact with the complainant but which was a friendly act and made in that spirit, and I find accordingly. In this case, therefore, I did not consider that there was any action by Councillor Ruth Leslie Melville which would justify a finding that the Councillors' Code of Conduct had been breached by her. I hope this episode will not affect the future relationships between the councillors concerned. It would be sad, indeed, and of no benefit whatever to the citizens of Angus if their elected representatives did not try to get along with each other in the conduct of Council business.

8. Having considered the information that arose from my investigation, I concluded that Councillor Ruth Leslie Melville had not contravened the Councillors' Code of Conduct.

D Stuart Allan

Chief Investigating Officer.

Forsyth House

Innova Campus

Rosyth Europarc

Rosyth

KY11 2UU

4 March 2008