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Note Of Decision Web Version

Complaint Number LA/Fa/300 concerning an alleged contravention of the Councillors' Code of Conduct by Councillor Thomas Coleman of Falkirk Council

1. Complaint Number LA/Fa/300 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor Thomas Coleman ("the respondent").

2. It was alleged that the respondent had contravened the Code, in particular, the provisions relating to Conduct in the Chamber or Committee contained in section 3, and the key principle of Respect contained in section 2.

3. The person complaining ("the complainant") Councillor William Buchanan, alleged (a) that at a meeting of the Administration members of Falkirk Council the respondent referred to the complainant as 'a cancer' and declined to apologise for this remark; (b) that at a subsequent meeting the respondent said that Councillor James Wilson was 'talking a lot of bullshit'; and (c) that at a further meeting, in response to a request by the complainant to repeat a statement, the respondent said 'Fuck it'.

4. In regard to Respect the substantive provision of the Code is contained within paragraph 3.15 and applies only to conduct within the Council chamber, during committee meetings, or other formal Council proceedings. As the complaint was restricted to meetings of the Administration any conduct of the nature alleged fell outwith the scope of the Code and I found accordingly.

5. The key principle of Respect contained in section 2 of the Code is wider in scope in that it establishes a general requirement to show courtesy to councillors within both formal and informal proceedings. While endorsing that standard I am bound to note that this provision is expressed as a principle rather than a rule, and failure to comply does not in itself constitute a substantive breach of the Code.

6. It is an essential component of a complaint that the locus and date should be specified. Acceptance of a complaint without this necessary ingredient would require to be justified by detailed explanation. The complainant in this case failed to provide this information. Accordingly no further action was taken in regard to this complaint

7. Having considered the information that arose from my investigation, I concluded that Councillor Thomas Coleman had not contravened the Councillors' Code of Conduct.

D Stuart Allan,
Chief Investigating Officer.
Forsyth House
Innova Campus
Rosyth Europarc
Rosyth
Fife
KY11 2UU
22 December 2005