Information on Investigations

Which Sector? > Local Authorities > Moray Council > LA/Mo/05

Note of Decision - Case No. LA/Mo/05

Complaint against Councillor Alastair Bissett

1. In this case the complainant has alleged that Councillor Alastair Bissett contravened the Councillors' Code of Conduct by making harassing telephone calls to the complainant as a result of him having earlier reported Councillor Bissett and others to Grampian Police for alleged fraud. Councillor Bissett is an elected member of Moray Council who have their principal offices in Elgin, Morayshire.

2. The complaint alleges that this was contrary to the principles of the Code set out in section 2 on Duty, Honesty and Leadership. With reference to Duty, the Code provides that councillors have a duty to uphold the law and act in accordance with the law and the public trust placed in them. With reference to Honesty, the Code provides that councillors have a duty to act honestly. With reference to Leadership, the Code provides that councillors have a duty to promote and support the principles of the Code by leadership and example and to maintain and strengthen the public's trust and confidence in the integrity of the Council and their councillors in conducting public business.

3. Phone calls were made by Councillor Bissett to the complainant's home on 22nd May 2003 at 10.57pm; on 25th May 2003 at 8.05pm; and on 26th May 2003 at 12.47am. They were in fact telephone messages (the calls having not been taken by the complainant personally), and were recorded on his answering machine. They were not about business of Moray Council.

4. The calls were principally made inviting the complainant to meetings at The Elgin Club and all of the calls were perfectly polite.

5. The Police enquiry into the complaint by the complainant against Councillor Bissett has been concluded and their assessment is that there is no evidence of criminality by Councillor Bissett or anyone else concerned with the office of The Elgin Club. The Police have decided therefore that no report will be submitted to the Procurator Fiscal recommending criminal proceedings. The complainant has been updated to this effect by the Police.

6. Furthermore, the complainant provided no evidence himself in support of the allegations made to the Police regarding fraudulent activity on the part of Councillor Bissett.

7. I have concluded that the calls made by Councillor Bissett to the complainant were perfectly polite and reasonable and could, in no way, be taken to be of a harassing nature. Furthermore, although it has not been necessary for me to reach a conclusion on this matter, I would have to say that there was no evidence whatsoever relating to alleged criminal activity on the part of Councillor Bissett or other officers of The Elgin Club.

8. Accordingly, I have decided that Councillor Bissett has not contravened the Councillors' Code of Conduct in terms of this complaint and I find accordingly.

D Stuart Allan,
Chief Investigating Officer.
Forsyth House
Innova Campus
Rosyth Europarc
Rosyth
Fife
KY11 2UU
21st October 2003