Information on Investigations

Which Sector? > Local Authorities > Highland Council > LA/H/628 and LA/H/629

Note of Decision Web Version

Complaint nos. LA/H/628 and 629 concerning an alleged contravention of the Councillors' Code of Conduct by Councillor David Chisholm of The Highland Council

1. Complaint numbers LA/H/628 and LA/H/629 alleged a contravention of the Councillors' Code of Conduct (“the Code”) by Councillor David Chisholm (“the respondent”).

2. Two complainants alleged that the respondent had contravened the key principles of Duty, Honesty and Respect set out in section 2 of the Councillors' Code of Conduct, and paragraph 3.21 of the Code which relates to the Responsibilities to the Council as a Member of the Public.

3. The persons complaining (“the complainants”) alleged that Councillor Chisholm sent out an email on 8 June 2007 in which he expressed concern about aspects of the operation of a local Community Association. Councillor Chisholm copied the email to Highland Council staff and councillors, and to members of the public. The complainants considered that the email breached the Code of Conduct and could have been regarded as defamatory.

4. I made enquiries on the complaint and sought to establish whether Councillor Chisholm was acting as a Highland Council councillor when he took the action complained of. The complainants had said that Councillor Chisholm attended various Community Association committee meetings over a period of three years while he was a councillor and gave advice and information on matters which could involve the Highland Council. From my enquiries, I established that there may be liaison between the Council and the Community Association in relation to grant aid for project work. However, the Council has no locus in the operation of the Community Association which is responsible for its own activities. The Community Association did not act as a community council, there being a separate, established Community Council which represents the area in that capacity.

5. Councillor Chisholm has been involved with the Community Association in various roles for nearly 30 years. He said that, since he was elected as a councillor in 2003, he had continued on occasion to attend meetings of the Community Association and, when requested to do so, had given advice as an elected member. He indicated that, from around the end of 2005 through to 2007, there was concern in the community about the arrangements for forming the Community Association into a company limited by guarantee and other matters, such as public attendance at management committee meetings, amendment to postcode boundaries and transfer of assets. These were what prompted the email.

6. Section 1.1 of the Code of Conduct indicates that the Code applies to how councillors should conduct themselves in undertaking their duties in the Council. It does not have a wider or more general application as to how councillors should conduct themselves at all times or when acting in a private capacity.

7. I did not consider that Councillor Chisholm's action in sending the email was covered by the Code of Conduct. It appeared that he has been involved with the Community Association for many years as an individual and had continued after having been elected as a councillor a few years ago. However, his election did not mean that he was acting as a councillor in relation to these activities, or to his general involvement with the Community Association. It did not appear, therefore, that in sending the email, Councillor Chisholm was acting in his capacity as a councillor. There was no indication that he was representing or taking action in relation to his duties as a councillor of the Highland Council and the email was sent from his private email address. For these reasons, I did not consider that Councillor Chisholm's action amounted to a breach of the Code of Conduct.

8. Having considered the information obtained, I concluded that Councillor David Chisholm had not contravened the Councillors' Code of Conduct.

D Stuart Allan

Chief Investigating Officer

Forsyth House

Innova Campus

Rosyth Europarc

Rosyth

KY11 2UU

18 February 2008