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Complaint no. LA/SB/104 concerning an alleged contravention of the Councillors' Code of Conduct by Councillor Sandy Scott and Councillor David Parker of Scottish Borders Council

1. Complaint number LA/SB/104 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor Sandy Scott and Councillor David Parker ("the respondents"). Both councillors are members of Scottish Borders Council. Councillor Parker is the Leader of the Council.

2. It was alleged that Councillor Scott had contravened the Code, in particular, section 2 relating to Objectivity, Accountability and Stewardship and section 3 relating to the General Conduct. It was also alleged that Councillor Parker had contravened the Code, in particular, section 2 relating to Integrity, Accountability and Stewardship, Openness, Honesty and Leadership.

3. The person complaining ("the complainant") alleged that Councillor Scott used the term "Get Lost" in two emails which he sent to the complainant. The complainant also alleged that Councillor Parker failed to take action against Councillor Scott and also failed to issue a public statement acknowledging that the Council's accounts for the year 2002 showed the Council to be insolvent.

4. In his response Councillor Scott stated that, on the first occasion when he used the term "Get Lost" he was responding to what he regarded as a call from Mr Hickman for him to resign his position as a councillor for the alleged shortcomings of the previous Administration. As he had not been a councillor during the period of the previous Administration he considered that the complainant's comments deserved a firm response. He expressed surprise that, on the second occasion on which he used the term, the complainant found the remarks to be offensive. He stated that on neither occasion did he intend the remarks to be offensive and he apologised for his conduct.

5. In his response Councillor Parker stated that, in considering the complainant's request for him to take action against Councillor Scott, he was mindful of the provisions of section 1.3 of the Code which indicate that it is the responsibility of individual councillors to be familiar with the Code and to comply with its provisions. He had advised the complainant that if he wished to make a formal complaint against him he should do so to the Chief Executive.

6. In considering the complaint against Councillor Scott I had regard to the nature of the language and to the fact that it was used in the course of an exchange of emails rather than in a public document or in the public arena. While I concluded that the language used by Councillor Scott was dismissive in tone I did not consider it to be unduly offensive.

7. In relation to the complaint against Councillor Parker regarding his failure to take action against Councillor Scott I concluded that, in terms of the provisions of section 1.3 of the Code it is the responsibility of individual councillors to be familiar with the Code and to comply with its provisions, and therefore that Councillor Parker was under no obligation under the Code to take action against Councillor Scott.

8. In relation to the complaint regarding the Council's insolvency I sought information from the Council's external auditors regarding its financial position. They confirmed that neither the accounts for the financial year 2001/2002, nor for the two subsequent financial years, showed the Council to be insolvent. Consequently I concluded that the question as to whether there was an onus on Councillor Parker to issue a public statement acknowledging the Council's insolvency did not arise.

9. Having considered the information that arose from my investigation I concluded that neither Councillor Sandy Scott nor Councillor David Parker had contravened the Councillors' Code of Conduct.

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