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Complaint no. LA/Fa/12/A Concerning an alleged contravention of The Councillors' Code of Practice by Councillor David Alexander of Falkirk Council

1. Complaint number LA/Fa/12/A alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor David Alexander ("the respondent").

2. It was alleged that the respondent had contravened the Code, in particular, section 2 relating to Leadership.

3. The person complaining ("the complainant") relies upon the text of a letter on 25 August 2003 written by the respondent to the Branch secretary of the UNISON trade union.

The content, accuracy and motivation of the letter are questioned by the complainant.

4. The context of the complaint cannot be divorced from the background history which shows a series of events culminating in the letter written by the respondent on 25 August 2003.

5. During the course of these contacts between the complainant and Falkirk Council the respondent was kept abreast of developments both by senior staff and through frequent e-mail contacts made directly by the complainant. These e-mails at times became conversational in tone and were responded to by Councillor Alexander in similar vein. The subject matter ranged widely although the general tone is accusatory from the complainant and defensive from the respondent. The respondent has retained a file of these communications, most of which predate the complaint under enquiry, and estimates that he received approximately 300 separate communications from the complainant.

6. On 25 August 2003 the respondent wrote to UNISON, in which he referred to harassment and intimidation experienced by members of staff as a result of the complainant's actions. The accuracy of the letter is disputed by the complainant.

6. On 25 August 2003 the respondent wrote to UNISON, in which he referred to harassment and intimidation experienced by members of staff as a result of the complainant's actions. The accuracy of the letter is disputed by the complainant.

7. While the underlying purpose of the respondent's letter of 25 August 2003 remained less than clear, and the accuracy and tenor of its content were questionable, I was required to make a finding based on the Code. I accepted the respondent's explanation that at the time of writing he had reason to believe he was writing the truth.

8. Having regard to the evidence in, and to the circumstances pertaining to, this case, I have come to the conclusion that Councillor Alexander's letter to UNISON could not reasonably be regarded as contravening the Councillors' Code of Conduct.

9. I concluded that Councillor David Alexander 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 March 2004