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Note of Decision Web Version

Complaint no. LA/R/48 concerning an alleged contravention of the Councillors' Code of Conduct by Councillor Iain McMillan of Renfrewshire Council

1. Complaint number LA/R/48 lodged by Mr Robert Weir ("the complainant") alleged a contravention of the Code by Councillor Iain McMillan ("the respondent"), an elected member of Renfrewshire Council. The complainant stated that Councillor McMillan had failed to reply to correspondence from him arising from a dispute involving the complainant and the Council.

2. The complainant considered that Councillor McMillan's failure to respond to his enquiry breached section 2 of the Code of Conduct under the principles of Duty.

3. On reviewing the information provided by the complainant I did not consider that Councillor McMillan's actions amounted to a breach of the Code. He took the view that councillors are entitled to choose whether or not and in what form, they respond to correspondence. They cannot normally be expected to enter into correspondence concerning such disputes particularly, as in this case, where appropriate officers of the Council charged with responsibility for or the conduct of, litigation, had declined to enter into further correspondence.

4. I informed the complainant accordingly and invited him to provide additional information which would allow him to give further consideration to the complaint.

5. In replying, the complainant expressed his disappointment and made it clear that he considered a councillor taking payment for duties cannot simply refuse to answer legitimate questions put to him within his remit and then simply terminate correspondence with members of the public. I concluded that the complainant provided no additional information which merited investigation as a possible breach of the Code.

6. I endorse the general presumption that councillors should normally respond to correspondence. However, this is primarily a matter of performance and good practice rather than conduct and for the reasons stated in paragraph 3 above; they are entitled to decline to enter into correspondence.

7. Having considered the information that arose from my investigation, I concluded that the complaint failed to set out averments that Councillor McMillan had contravened the Councillors' Code of Conduct.

D Stuart Allan,
Chief Investigating Officer.
Forsyth House
Innova Campus
Rosyth Europarc
Rosyth
Fife
KY11 2UU
02 December 2004