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Complaint no. LA/WD/164 concerning an alleged contravention of the Councillors' Code of Conduct by Councillor James Bollan of West Dunbartonshire Council

Background to the Complaint

In 2004, three previous complaints (refs LA/WD/85, 95 and 96) were made, alleging that Councillor Linda McColl had breached the Code of Conduct by sending a potentially racist email from her council owned computer. The investigation established that Councillor McColl did not send the email; it was instead sent by her husband who had used the computer. However, I concluded that, in not adhering to Council policy concerning the use of the Council equipment, Councillor McColl failed to show leadership and example and was in breach of paragraph 3.17 of the Code. On 30 December 2004 I issued my report on the complaints to the Standards Commission for Scotland. It then remained a matter for the Standards Commission to decide whether any further action was required. Councillor McColl and the Council's Chief Executive were informed in confidence of my findings. The complainants were also advised in confidence on 30 December 2004 that a breach had been found, but they were not given details of the investigation or findings. The case was due to be considered by the Standards Commission at their meeting on 31 January 2005. However, before that date, press and radio articles appeared, commenting on the matter.

The Complaint

1. The present complaint no. LA/WD/164 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor James Bollan ("the respondent"). The complainant alleged that Councillor Bollan contravened the Code by disclosing confidential information, by making a dishonest and misleading claim that Councillor Linda McColl had been found to have sent a racist email, and by conducting a malicious campaign against Councillor McColl. It was claimed that this contravened key principles in section 2 of the Code of Conduct relating to Duty, Accountability and Stewardship, Openness, Honesty, Leadership and Respect.

2. In January 2005 a number of press and radio reports appeared concerning the result of the investigation against Councillor McColl. These reports were published before the Standards Commission had considered the case, and prior to publication of the report on the investigation. It appears that information was initially provided by some person(s) to the Sunday Mail newspaper who produced a small news item on 2 January 2005. There was no claim that Councillor James Bollan revealed any information or was connected to this article. However, Councillor Bollan was subsequently approached for comments on the matter by press and radio. The Lennox newspaper produced an article on 5 January which did include quotes by Councillor Bollan. During the investigation, the newspaper confirmed that Councillor Bollan did not approach them or disclose information to them; rather, they approached him for comments on the matter. The newspaper article was headed "DEPUTY PROVOST SENT RACIST EMAIL". Although Councillor Bollan made critical comments in the article, he made no claim that Councillor McColl had been found to have sent a racist email. However, in a radio interview conducted on 6 January, he stated that Councillor McColl had been found guilty of sending a racist email and should resign as Deputy Provost of West Dunbartonshire Council.

3. After examination of the available information, I did not consider that Councillor Bollan disclosed confidential information relating to the previous complaint against Councillor McColl. There was no evidence that he approached anyone with information about the findings in the report on the complaint against Councillor McColl.

4. When approached for the radio interview on 6 January 2005, Councillor Bollan did make such a statement. In doing so, Councillor Bollan said he was responding to what had been put to him by the interviewer. When asked during the investigation, the radio interviewer said he did not think he would have stated to Councillor Bollan that Councillor McColl had sent a racist email. However, the interviewer advised that the basis for his information was contained in the article in The Lennox, and he pointed out that the radio interview was dealing with matters already in the public domain.

5. Given that context, I concluded that what Councillor Bollan subsequently said in the radio interview was inaccurate to the extent that it was not found that she had personally sent the email although her computer had been used for the purpose. The inference which he drew about the details of the findings in the case was inaccurate, but I did not consider that it was deliberate or intentionally misleading and dishonest. The remarks which he made in the radio interview were not wholly accurate but were made inadvertently. I therefore found that this could not reasonably amount to a breach of the Code of Conduct by Councillor Bollan.

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

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