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Complaint Number LA/H/359 concerning an alleged contravention of the Councillors' Code of Conduct by Councillor Robert Wynd of The Highland Council

1. Complaint number LA/H/359 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor Robert Wynd ("the respondent").

2. It was alleged that the respondent had contravened the Code, in particular, the provisions regarding Respect set out in section 2.

3. The person complaining ("the complainant"), alleged that during the meeting of Smithton & Culloden Community Council, held at Culloden Academy on 14 September 2005, at which the content of a minute regarding the funding of an event to celebrate the Battle of Trafalgar took place, the respondent directed critical remarks and swore at the complainant.

4. The wording of the key principle of Respect in section 2 of the Code is specific in that it details the classes of person to whom respect must be afforded; the principle must be applied in dealings with other councillors and employees.

5. The provision is expressed as a principle rather than a substantive provision, however, further reference to respectful conduct is contained in paragraph 3.14 of the Code which requires that respect must be shown to 'the chair, your colleagues, Council employees and any members of the public present within the Chamber or Committee meetings or other formal proceedings of the Council.' Again the terms of this paragraph are specific and restricted to meetings where the councillor participates as an elected member.

6. Paragraph 3.18 of the Code requires councillors to observe the rules of the Code in carrying out the duties of an external body, but only if they have been appointed or nominated by the Council as a member of that body. In this case the respondent attended Smithton & Culloden Community Council on an ex-officio basis, albeit in compliance with the agreed concordat as a representative of the Highland Council, and was not himself a member of the community council. The specific terms of the Code (in paragraphs 3.14 and 3.18) did not apply in the context of the meeting attended by the respondent and I found accordingly.

7. I also considered that it could not be concluded that the respondent's conduct could reasonably be taken to amount to misconduct for the purposes of the Code (assuming the Code applied to the respondent in the context of the meeting in question). Indeed, the respondent's questioning of the lack of specification in the minutes of the funding of the Trafalgar event could not be regarded as other than reasonable and proper.

8. I noted that training and support in minute-taking had been offered by the Chief Executive of The Highland Council and that the respondent had himself expressed a desire to work positively with the community council. The offer and the stated intention were to be commended given that all participants in local government processes should seek to foster and maintain a harmonious working relationship.

9. Having considered the information that arose from my investigation, I concluded that Councillor Robert Wynd had not contravened the Councillors' Code of Conduct.

D Stuart Allan,
Chief Investigating Officer.
Forsyth House
Innova Campus
Rosyth Europarc
Rosyth
Fife
KY11 2UU
02 March 2006