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Note of Decision Web Version

Complaint no. LA/R/64 Concerning an alleged contravention of The Councillors' Code of Conduct by Councillor Ronnie Burns of Renfrewshire Council

1. Complaint number LA/R/64 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor Ronnie Burns a Labour member of the Council ("the respondent").

2. It was alleged that the respondent had contravened the Code, in particular, the key principles of Accountability and Stewardship and Respect.

3. The person complaining ("the complainant"), Councillor Brian Lawson, is an SNP member of the council. He alleged that when Chair of a Council Meeting on 9 March 2004 the respondent (a) ruled wrongly that an agenda item was incompetent and would not therefore be discussed at the meeting and (b) ignored a Motion of No Confidence proposed by the complainant.

4. The complaint alleged that at the meeting the respondent allowed the Chief Executive to comment on the competency of the item and recommend that it should not be discussed at the meeting. The respondent then ruled that the item was incompetent and that it would not be discussed.

5. The complainant then challenged that ruling by proposing a Motion of No Confidence in the Chair ie the respondent, which the respondent ignored.

6. The respondent admitted the facts as alleged by the complainant and stated that ruling the agenda item incompetent and not responding to the consequential Motion of No Confidence were both provided for under the inherent authority of the Chair and under the provisions of the Councils Standing Orders.

7. Having considered the available evidence and in particular the Council's Standing Orders, I found that the respondent's ruling on the agenda item was within his powers under those Orders and, as the Motion of No Confidence was outwith the Standing Orders regarding the moving of Motions, that the respondent acted within his authority by ignoring it.

8. Having considered the information that arose from my investigation, I concluded that Councillor Ronnie Burns had not contravened the Councillors' Code of Conduct.

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