Information on Investigations

Which Sector? > Local Authorities > West Dunbartonshire Council > LA/WD/111,113,114 and 118

Concerning an alleged contravention of The Councillors' Code of Conduct by Councillor James Flynn of West Dunbartonshire Council

1. Complaint numbers LA/WD/111,113,114 and 118 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor James Flynn ("the respondent"). He serves as Convener of the Housing Committee.

2. It was alleged that the Councillor Flynn had contravened the Code, in particular, those parts of section 2 of the Code which deal with Selflessness, Integrity, Objectivity, Openness, Honesty and Leadership; section 4 which deals with Registration of Interests and section 5 which deals with Declaration of Interests.

3. The persons complaining ("the complainants") (including Councillor Craig McLaughlin of the West Dunbartonshire Council) alleged that Councillor Flynn failed to register and or declare a relevant interest ie a directorship of "No Graffiti (Scotland) Ltd" a franchisee company, which had obtained a contract with the Council allegedly through collusion with/by council officers. Councillor McLaughlin further alleged that the respondent and the Council had improperly engaged in an additional (separate) contract for the supply of goods.

4. Councillor Flynn had, for some time, operated a franchise called "Stainbusters". As a result he knew that the "Stainbusters" franchisor also operated a graffiti removal franchise called "No Graffiti Ltd" and he gave a Council officer a "flyer" advertising that franchise. The Council had expressed "zero-tolerance" of graffiti so officers arranged demonstrations by "No Graffiti Ltd" and another company. Councillor Flynn attended all or part of the demonstrations. The officers subsequently invited tenders for the removal of graffiti.

5. Invitations to tender were issued to a number of companies including "No Graffiti Ltd". A number of tenders were received and officers considered them in the usual way and ultimately recommended that the tender received from "No Graffiti Ltd" should be accepted by the Council as "the most economically advantageous". The Tendering Committee of the Council, of which Councillor Flynn was and is not a member, met and decided to accept the tender from "No Graffiti Ltd". At that time "No Graffiti Ltd" did not have a franchisee in Scotland through which they could perform the contract.

6. Councillor Flynn knew about the tendering process in the course of his duties as a councillor. No evidence was found to indicate that he was involved in the officer's decision making or the tendering process. He was not at that time a "No Graffiti Ltd" franchisee.

7. During the tendering process "No Graffiti Ltd" advertised for a franchisee for Scotland without success. As a result, as they knew him from his contract with them as "Stainbusters", they asked Councillor Flynn to consider purchasing the franchise which he subsequently did.

8. Councillor Flynn then set up a company called "No Graffiti (Scotland) Ltd" which was incorporated on 22 July 2004. He entered his directorship of that company in the Register of Interests on 17 August 2004. No circumstances arose which required him to declare this interest.

9. The available evidence showed that although "No Graffiti Ltd" had a contract with the Council there was no contract between "No Graffiti (Scotland) Ltd" and the Council. Therefore Councillor Flynn did not have a contract which he would have been required to register under the Code and therefore he had no interest to declare.

10. With regard to the further complaint submitted by Councillor McLaughlin the available evidence showed that Councillor Flynn had contracted with the Council on three separate occasions for the supply of goods. The only contract which fell within the jurisdiction of the Code occurred on 7 August 2003. The record shows that this was entered on Councillor Flynn's register of interests on 17 July 2003. No circumstances arose which would have required Councillor Flynn to declare this interest.

11. Having considered the information arising from my investigation, I concluded that Councillor James Flynn had not contravened the Councillors' Code of Conduct.

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