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Which Sector? > Local Authorities > Falkirk > LA/Fa/12b and LA/Fa/37

Note of Decision Web Version

Complaints no. LA/Fa/12/B and LA/Fa/37 Concerning an alleged contravention of The Councillors' Code of Practice by Councillor Thomas O'Dea of Falkirk Council

1.0 Findings and Conclusions

1.1 Complaint number LA/Fa/12/B alleges a contravention of the Councillors' Code of Conduct ("the Code"). Complaint number LA/Fa/37 also alleges a contravention of 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 In complaint number LA/Fa/12/B "the first complainant" alleges a contravention of the Code by Councillor Thomas O'Dea ("the respondent").

1.3 The first complainant alleges that:

(i) in 2003 and 2004 Councillor O'Dea has appeared in Court in relation to disorderly conduct committed in Falkirk District;
(ii) on 8 November 2003 Councillor O'Dea conducted himself in a disorderly manner while in attendance as a representative of Falkirk Council at the Festival of Remembrance held in Falkirk Town Hall;

and that these acts breached the key principle of Leadership set out in Section 2 of the Code.

1.4 In complaint number LA/Fa/37 "the second complainant" alleges that Councillor O'Dea breached the Code as described in the second complaint paragraph 1.3 (ii) above.

1.5 The key principle of Leadership set out in Section 2 of the Code, is in the following terms.

"Leadership

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 committees in conducting public business."

1.6 Councillor O'Dea is an elected member of Falkirk Council. He 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 undertook to meet the requirements of the Code.

1.7 The complainants and respondent were interviewed, together with relevant witnesses.

1.8 The first point made by the first complainant alleges the respondent pled guilty to committing a Breach of the Peace in Falkirk District which was reported in the press. The position is that the respondent has made a Court appearance since May 2003 which was in relation to a domestic Breach of the Peace, rather than the respondents' role as a Councillor. As such, this complaint does not fall within our jurisdiction, and accordingly, I have not investigated this matter further and I do not intend to report on this matter to the Standards Commission. Councillor O'Dea is currently the subject of other criminal charges, also unconnected with his role as an elected member, relating to alleged disorderly conduct. Councillor O'Dea pled guilty to the charge and sentence has been deferred until 28 October 2004.

1.9 The second point made by the first complainant and, the only point made by the second complainant arises from the annual Festival of Remembrance organised jointly by the Royal British Legion and Falkirk Council. The 2003 Festival took place on Saturday, 8 November at Falkirk Town Hall.

1.10 The respondent was attending a public event as part of, or in association with, a civic party headed by the Provost. The event was formal and as a Festival of Remembrance required a high level of decorum, respect and sensitivity. In addition the presence of invited guests from other agencies and abroad required an appropriate standard of conduct by all those in attendance.

1.11 At the time of the event, Councillor O'Dea was an Independent member of the ruling Administration of the Council and Convener of the Joint Consultative Committee. The Administration comprised the SNP and Independent members of the Council.

1.12 There is no dispute that the respondent had consumed alcohol prior to the Festival, and that this, together with the recent history of poor relations between the second complainant and the respondent, may have contributed to events.

1.13 Recollections vary as to the precise nature of the remarks passed by Councillor O'Dea. Clearly some witnesses were able to distinguish words such as the respondent remarking to others "Sit beside the rest of the perverts", while others a similar distance away describe his interjections as 'grunts' 'growls' or 'rumbles' as if made by a man waking up and gathering his thoughts. Nevertheless the respondent's utterances were sufficiently loud and disruptive as to cause Provost Johnston to leave his seat and request Councillor O'Dea to leave. In the context of the Festival this appears an appropriate action by the Provost and may be construed as an instruction from him to the respondent. Having regard to all the evidence in relation to this event, I have found that Councillor O'Dea's behaviour was loud, rude, disrespectful and acted inappropriately and insensitively. As such, his conduct was wholly unacceptable and in contravention of the provisions of the Councillors' Code of Conduct dealing with Leadership.

1.14 On the Monday following the Festival a discussion took place between the Leader of the Council, Councillor Alexander, and the Provost as to appropriate action. As a result a decision was taken to bar the respondent from attendance at civic functions for an indefinite period. Councillor O'Dea was informed of this decision verbally and in writing. Councillor Alexander suggested that in view of his health problems the respondent should consider resigning from his position as a member of the Administration. Councillor O'Dea then resigned from the Administration and resigned as Convener of the Joint Consultative Committee and apologised for his behaviour.

1.15 The subsequent action by the Administration of Falkirk Council, allied to the resignation of the respondent from his office-bearing role, show that Councillor O'Dea's conduct was taken seriously and could not be ignored. In addition Councillor O'Dea is actively participating in counselling. Supportive comments have been made by fellow Councillors as to the respondent's commitment and energy in conducting public business and representing his ward.

1.16 I have concluded that, having regard to the findings in paragraphs 1.12 and 1.13 of this Note, that Councillor O'Dea has contravened the provisions of the Councillors' Code of Conduct dealing with Leadership.

1.17 Having said that, and having regard to the action taken as described in paragraph 1.14 including Councillor O'Dea's apology and his resignation from the Administration and as Convener of the Joint Consultative Committee, and to Councillor O'Dea's ongoing health treatment, I have concluded that, in this particular instance, no further investigation or action would be appropriate or requires to be taken regarding these complaints.

D Stuart Allan,
Chief Investigating Officer.
Forsyth House
Innova Campus
Rosyth Europarc
Rosyth
Fife
KY11 2UU
20 May 2004