Information on Investigations

Which Sector? > Local Authorities>Shetland Island> LA/SI/623

Note of Decision Web Version

Complaint no. LA/SI/623 concerning an alleged contravention of the Councillors' Code of Conduct

by all the elected members of Shetland Islands Council

1. Complaint number LA/SI/623 alleged a contravention of the Councillors' Code of Conduct ("the Code") by all the elected members of Shetland Islands Council ("the respondents").

2. It was alleged that the respondents had contravened the Code, in particular, section 2 on Openness, Accountability and Leadership. With regard to Openness section 2 of the Code states;- "You have a duty to be as open as possible about your decisions and actions, giving reasons for your decisions and restricting information only when the wider public interest clearly demands." With regard to Accountability and Stewardship section 2 of the Code states; - "You are accountable for your decisions and actions to the public. You have a duty to consider issues on their merits, taking account of the views of others, and you must ensure that the Council uses its resources prudently and in accordance with the law." With regard to Leadership section 2 of the Code states;- "You have a duty to promote and support these principles by leadership and example, and to maintain and strengthen the public's trust and confidence in the integrity of the Council and its councillors in conducting public business."

3. The person complaining ("the complainant") alleged that all 22 elected members of Shetland Islands Council had failed to apply the key principles of the Code relating to Openness, Accountability and Leadership by meeting in secret to discuss the Council's response to the Scottish Public Services Ombudsman's report on the investigation of a complaint against the Chief Executive of the Council.

4. I obtained a copy of the Council's Administration Regulations relating to the treatment of "exempt information" as defined in the Local Government ( Scotland ) Act 1973, as amended. The Administration Regulations refer to Schedule 7A of the 1973 Act and I noted the list of categories described in that Schedule. Category 1 relates to employee matters, Category 6 to the business affairs of parties other than the Council, and Category 12 concerns the giving of instructions to, or receipt of advice from, legal representatives.

5. In advance of the meeting of the Council on 4 July 2007, at which the Scottish Public Services Ombudsman's report on the investigation of a complaint against the Chief Executive of the Council was considered, Council officers had identified that the Report to the Council dated 3 July 2007 which had been prepared by the Head of Legal and Administration, and which dealt with this item of business, contained exempt information namely information in Categories 1 and 6 as above-mentioned. Accordingly the report by the Head of Legal and Administration was designated as "not for publication," as it was the opinion of the council officers concerned that the meeting (to discuss the Report) would not likely be open to the public. At the meeting itself on 4 July 2007, the Council resolved - in terms of section 50A of the 1973 Act - to meet in private in order to discuss the item in question. I had no reason to doubt that, at the meeting, the Members were wholly entitled to take the view that the agenda item was one which it was appropriate to consider in private.

6. I noted that, following the Council meeting on 4 July 2007, wider access than the law prescribes was given to the Report by the Head of Legal and Administration; in fact the Council resolved that the Report should be made public after the meeting. By giving this wider access, the Members of the Council sought to demonstrate their desire to be as open as they felt was prudent while recognising that openness has to be balanced with other considerations regarding the entitlement to privacy of individuals generally and the Chief Executive in particular.

7. I considered that in wishing to meet in private in order to have the opportunity to discuss the Report in a full and frank way, and in agreeing to make the Report immediately available to the public after the meeting, the Council had acted in a fair and responsible way, consistent with proper public accountability.

8. Having considered the information that arose from my investigation, I concluded that, none of the elected members of Shetland Islands Council had contravened the Councillors' Code of Conduct.

D Stuart Allan

Chief Investigating Officer

Forsyth House

Innova Campus

Rosyth Europarc

Rosyth

KY11 2UU

23 November 2007