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Note of Decision - Case No. LA/Mo/07

Complaint against Councillor Linda Gorn

1. This case is a complaint by Councillor Alan Burgess alleging that Councillor Linda Gorn breached the Councillors' Code of Conduct by failing to maintain and strengthen the public's trust and confidence in the integrity of the Council and councillors in conducting public business contrary to the principles of the Code set out in section 2 on Leadership. Both Councillors are elected members of the Moray Council who have their principal offices in Elgin, Morayshire.

2. With reference to Leadership, the Code provides that councillors have a duty to promote and support the principles upon which the Code is based 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. Following the local government elections in May, 2003, the constitution of the Council was made up of 16 Independent members, 5 Labour members (including Councillor Burgess), 3 SNP members, 1 Conservative member and 1 Liberal Democrat member (Councillor Gorn). The Independent and Labour members jointly have formed the Administration of the Council.

4. Essentially the complaint is to the effect that Councillor Gorn has made inappropriate statements at committee and Council meetings and to the press which are misleading and inaccurate, to the detriment of the integrity of the Council and their councillors.

5. The first part of the complaint relates to the respondent's statements reported in an article in The Northern Scot newspaper on 4th July by the Editor that Councillor Gorn had grave doubts about the manner in which the Administration was handling consultation on the Public Private Partnership for schools project and that she felt the whole issue had been "stitched up". Given that there are significant concerns regarding PPP schemes generally, it is not unreasonable to expect adverse comment on all aspects of any particular PPP project, including any consultation arrangements that might be proposed. On this part of the complaint, I have concluded that Councillor Gorn's comments (other than the reference to the matter being "stitched up" which was injudicious) are fair in the context of such a major and controversial issue and do not amount to a breach of the Code.

6. Another part of the same article in The Northern Scot refers to Councillor Gorn allegedly quoting the Director of Educational Services as saying that the proposed library for Keith Grammar was like a cupboard. On this matter, there was a fundamental disagreement between Councillor Gorn and the Editor of the newspaper as to what Councillor Gorn said to the Editor. Councillor Gorn denied having said this and said she had been misquoted. She made a statement to that effect at the Council meeting on 9th July. The Editor, for her part, has said that Councillor Gorn's comments were accurately reported in the article. I found the evidence given by the Editor - and supported by a Senior Reporter - was clear and compelling in contrast to Councillor Gorn's evidence which was somewhat confusing. I therefore found the Editor's version of the discussion to be preferred although it may well be that Councillor Gorn is simply mistaken in her recollection of the discussion with the Editor.

Councillor Gorn also explained to me that she consulted with the Chief Executive and the Chairman of the Council's Standards Committee to ensure that she had the wording of the statement correct and that they approved the statement. Both the Chief Executive and the Chairman have made it clear that they were, separately, consulted by Councillor Gorn prior to the meeting regarding her proposed statement and that the advice they gave was confined to saying that she could make a statement to the Council, if the Convener of the Council, consented; they did not in any way approve the wording or content of the proposed statement. On this aspect, I have found that the Chief Executive and the Chairman gave limited procedural advice to Councillor Gorn regarding her proposed statement which did not, to any extent at all, amount to either the Chief Executive or the Chairman approving the wording or content of the proposed statement.

Having said all that and in any event, I cannot conclude that Councillor Gorn's statement or subsequent actings, including the statement given to the full Council on 9th July 2003, were such that they could reasonably be taken to amount to a breach of the Code.

7. With reference to the article dealing with the possible motion of no confidence in the Chairman of the Educational Services Committee, I have concluded that this was fair comment on the part of Councillor Gorn and that there has not been any contravention of the Code in this respect.

8. Accordingly, I have decided that Councillor Gorn 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