Information on Investigations

Which Sector? > Local Authorities > Stirling Council > LA/S/160

Note of Decision Web Version

Complaint no. LA/S/160 Concerning an alleged contravention of The Councillors' Code of Conduct by Councillor Gerard O'Brien of Stirling Council

1. Complaint number LA/S/160 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor Gerard O'Brien ("the respondent").

2. It was alleged that the respondent had contravened the Code, in particular, section 3. Paragraph 3.2 of the Code deals with a Councillor's relationship with Council employees and provides "You must respect all Council employees and the role they play, and treat them with courtesy at all times..."

3. The person complaining ("the complainant"), an employee of Stirling Council, received information that the respondent had followed the employee from a public meeting to a private address in the area, (the complainant being on Council business) and thereafter caused enquiries to be made by another Councillor to the complainant's managers. By so doing he had engaged in conduct which eroded the mutual trust which should exist between Councillors and employees and contravened the Code of Conduct.

4. The complainant's Departmental Managers agreed unequivocally that their employee was engaged on appropriate Council business and this was confirmed to the Councillor who had submitted the enquiry.

5. During the course of investigation it became clear that, in considering the allegation, the geography of the locality was the crux of the matter.

6. The explanation by the respondent that he had taken his normal route home and had not followed the complainant to any private address was credible in the absence of any evidence to the contrary. No such contrary evidence emerged. In addition, the complainant stated that at no time did he see the respondent following him. There had been no adverse change in the respondent's attitude to, or subsequent dealings with, the employee since.

7. The respondent did raise this matter with one of his colleagues who then raised it with Council management. Such action by the respondent was something he was entitled to do. No evidence that this was instituted on a malicious or vexatious basis was found.

8. All witnesses, when interviewed about the respondent's conduct in relation to this complaint, expressed the view that any conduct on the part of the respondent had to be viewed in the light of his inexperience and an incomplete understanding of how a local authority functions. It was clear the respondent had already had support and guidance, both at officer and member level of the Council, in relation to facilitating the successful discharge of his duties and role as a Councillor.

9. Having considered the information arising from my investigation, I concluded that, Councillor Gerard O'Brien had not contravened the Councillors' Code of Conduct.

D Stuart Allan,
Chief Investigating Officer.
Forsyth House
Innova Campus
Rosyth Europarc
Rosyth
Fife
KY11 2UU
17 August 2005