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Complaint no. LA/R/71 concerning an alleged contravention of the Councillors' Code of Conduct by Councillor Robert McGerty of Renfrewshire Council

1. Complaint number LA/R/71 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor Robert McGerty ("the respondent"). It was alleged that the respondent had contravened the Code.

2. The person complaining ("the complainant") alleged that Councillor McGerty failed to appear for an advertised surgery scheduled for 27 March 2004 at a local school, that he refused to take action in relation to a matter which was of concern to the complainant and that, in the course of a telephone conversation with the complainant, he was abusive, foul mouthed and aggressive.

3. The complainant's partner was present during the telephone conversation with Councillor McGerty. She supported his allegation regarding Councillor McGerty's conduct during the telephone conversation.

4. In response Councillor McGerty claimed that he called at the school on the day before the surgery and left a message to be passed on to the janitor, advising him that the surgery had been cancelled. This was to enable the janitor (who was on duty during surgery hours) to advise anyone attending the surgery that it had been cancelled.

5. In relation to his telephone conversation with the complainant Councillor McGerty stated that he suggested an initial course of action as a way of dealing with the issue which the complainant had raised with him. He denied forcibly having been abusive, foul mouthed or aggressive at any time during the telephone conversation with the complainant.

6. Councillor McGerty's telephone conversation was witnessed by a person who is a justice of the peace and a well known public figure. He attested to the propriety of Councillor McGerty's conduct during the telephone conversation.

7. In considering the complaint there was clear evidence that Councillor McGerty had taken adequate steps to advise prospective clients of the cancellation of his surgery on 27 March 2004. The fact that the complainant was not advised of the cancellation when he arrived for the surgery was due to a breakdown in communications for which Councillor McGerty was not responsible.

8. Councillor McGerty's written and oral evidence regarding his conduct during his telephone conversation with the complainant was fully supported by the person who witnessed the conversation. The evidence from both was clear and credible.

9. I established to my satisfaction that the allegations made by the complainant were unfounded and I found that Councillor Robert McGerty had not breached the Councillors' Code of Conduct.

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