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Complaint no. LA/DG/481 concerning an alleged contravention of the Councillors' Code of Conduct by Councillor Ronald Nicholson of Dumfries and Galloway Council

1. Complaint number LA/DG/481 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor Ronald Nicholson ("the respondent").

2. It was alleged that the respondent had contravened the rules contained in paragraph 3.14 of section 3 of the Code relating to Conduct in the Chamber or in Committee.

3. The person complaining ("the complainant") had applied to the Council for planning permission for an extension to the opening hours of her tearoom. The application was listed as the last item for consideration on the agenda of the Area Regulatory Committee meeting. The complainant alleged that, during the committee meeting, the respondent showed total disrespect and a sexist and racist attitude towards her. She alleged that, as Chair of the Regulatory Committee, the respondent refused her request to deal with her minor planning application before other, major applications; that he interrupted her and told her to "get on with it" and made faces as she tried to speak. She also alleged that he treated her differently from other male applicants and objectors because she was a woman and had an English accent.

4. The position was that neither the respondent nor members of the Regulatory Committee were responsible for setting the agenda for the committee meeting. The complainant's request for her application to be moved forward on the agenda was considered by the whole Committee, not just by the respondent as Chair. The committee decided not to change the order of business and this was properly within the discretion of Committee members and the Chair to decide. The respondent's actions in regard to this complaint did not provide grounds for criticism. I did not uphold the complaint on this matter and I did not find any breach of paragraph 3.14 of the Code.

5. Turning to the complaints which the complainant made concerning the respondent's conduct of the meeting, I did not consider that these had been established. Councillor Nicholson and other witnesses agreed that he interrupted the complainant as she made her representations, but the reasons for this were to ask her to keep to the point of the planning application. It is the duty of the Chair to ensure the proper conduct of the meeting and, in dealing with planning applications, it is accepted practice that representors should adhere to material planning issues. This was made clear to attendees at the start of the meeting. However, in making her representations, the complainant kept referring to the actions of the police and other parties. As Chair, the respondent said he is aware that members of the public may not always know what constitute relevant planning matters, but it is his duty to try and ensure that people adhere to salient points. While the complainant may have felt some grievance over the actions of the police and other private persons, the Regulatory Committee meeting was not the place to raise these matters, and the evidence indicates the respondent tried to convey this to her. I did not uphold the complaint that the respondent's interruptions showed disrespect and I did not regard this as a breach of paragraph 3.14 of the Code.

6. I did not find evidence that the respondent told the complainant to "get on with it", nor that he acted or made faces in the way alleged by the complainant. Councillor Nicholson described his practice of looking over the top of his reading glasses, and suggested this may partially have accounted for some adverse perception of his conduct on what appears to have become a stressful occasion. I did not uphold the complaint about the respondent's behaviour and I did not consider that his conduct during the meeting breached paragraph 3.14 of the Code of Conduct. In dealing with this complaint, it did not appear to me that the respondent's actions displayed sexism and anti-English bias on his part.

7. In this case, I did not consider there was evidence that the complainant deliberately acted disrespectfully towards the complainant. Committee Chairs are all different and undoubtedly they will each put their own stamp on their committee. It is, however, incumbent on Chairs always to remember that they are in the public gaze and that their actions and mannerisms can sometimes be misconstrued. Chairing a committee, particularly a regulatory committee, can be an onerous duty. Chairs should be given and should always accept updated training to help them carry it out effectively. I was informed that in 2006 training in chairmanship and one to one training had been given to Regulatory Committee members.

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

D Stuart Allan,
Chief Investigating Officer.
Forsyth House
Innova Campus
Rosyth Europarc
Rosyth
Fife
KY11 2UU
31 January 2007