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Complaint no. LA/R/735 concerning an alleged contravention of the Councillors’ Code of Conduct by Councillor Iain Nicolson of Renfrewshire Council

1. Complaint number LA/R/735 alleged a contravention of the Councillors’ Code of Conduct (“the Code”) by Councillor Iain Nicolson (“the respondent”).

2. On behalf of Glenburn Community Council of which she is Chair, the person complaining (“the complainant”) alleged that the respondent had contravened the Code. The complainant alleged that at a Renfrewshire Council meeting on 14 February 2008, Councillor Nicolson said Community Councils were “rotten to the core, ill attended by the public and made up of officials”.  As Chair of Glenburn Community Council, the complainant alleged that Councillor Nicolson showed lack of Leadership and Respect and that his remarks undermined the good, voluntary work done by members of the community. 

3. The complainant said that there was a proposal to set up community forums on the agenda of the Council meeting on 14 February 2008.  She said that, in the course of the meeting, there was a heated discussion when Councillor Nicolson made the remarks.  He was asked by the Chair to withdraw them, but he declined to do so. She confirmed that no member of Glenburn Community Council was present at the meeting when this took place.  

4. I obtained the agenda, minutes and other information regarding the meeting from the Council, including a report by the Chief Executive on a Scheme of Decentralisation and the proposed establishment of Local Area Committees. A public consultation on this proposal had been carried out between November 2007 and January 2008.  During the consultation, and in the course of the meeting on 14 February 2008, there were references to the potential impact which the introduction of Local Area Committees would have on the existing Community Councils.

5. From examination of notes taken during the meeting, it is recorded that, when speaking during the debate on the position regarding Community Councils, Councillor Nicolson used the expression ‘rotten to the core’.  However, the Council’s Monitoring Officer stated that although another councillor speaking from the floor called for an apology, there was no call from the Chair for Councillor Nicolson to withdraw the remarks. Examination of the minutes of the meeting confirms that there was no record of such a request by the Chair.

6. I also considered the reply received in response to an enquiry I made to Councillor Nicolson about the complaint, Councillor Nicolson confirmed that he stated during the agenda item that some Community Councils were in a parlous state of affairs.  He states that his view on this is backed up by official Council papers which, among other things, show declining membership and non production of minutes. He has also stated that his remarks have been taken out of context and that, in making his contribution to the debate during the meeting, he also made a very positive statement regarding the need to support Community Councils. At no time did he mention any individual Community Council or make any comments directed towards Community Council members.

7. After consideration, it did not appear to me that Councillor Nicolson expressed a view or made comments which exhibited disrespect for Glenburn or any particular Community Council. I took the view that he was entitled as part of the debate to express his views on the status and general performance of Community Councils.   

8. Having considered the information that arose from my investigation, I concluded that Councillor Iain Nicolson had not contravened the Councillors’ Code of Conduct.

D Stuart Allan

Chief Investigating Officer

Forsyth House

Innova Campus

Rosyth Europarc

Rosyth

KY11 2UU

6 August 2008