AN Argyll and Bute councillor will not face any action after a referral to the Standards Commission for Scotland over three complaints.
The ethical standards commissioner (ESC) said that two allegations were made of the councillor, who is not identified in a report, being disrespectful to members of the public at two meetings in March 2025.
The third complaint was made regarding the councillor allegedly failing to declare an interest at a meeting, also in March 2025, when a decision was made regarding the Mull Campus.
The Standards Commission (SCS) said that it did not consider it “necessary or appropriate” to direct the ESC to undertake any further investigation.
A report said that the ESC had presented its findings about the three complaints that were received in March and April 2025.
It said about the first two complaints: “Having listened to a recording and interviewed witnesses present, he considered it was clear that, at both meetings, there were disagreements and conflict about the site of the new campus.
“The ESC advised it was likely that there were occasions when the respondent and others raised their voices to express their views, but that he had found the evidence did not support the allegation that the respondent behaved in a threatening, discriminatory or aggressive manner.
“The ESC found that the respondent referred to one of the complainers as a ‘child’, and implied that his opinion was not welcome, and noted this could be perceived as being disrespectful.
“The ESC advised, however, that he had found that, at the time, the complainer in question was ‘clearly and deliberately goading the respondent in order to elicit a response that would undermine him’. The ESC contended this was supported by the fact the complainer was recording the interaction.
“In the circumstances, he considered there may have been a ‘borderline’ breach of the respect provisions in the code in respect of comments towards the one complainer only.
“The ESC advised he considered, however, that, given the circumstances in which they were made, it was unlikely that a restriction on the respondent’s right to freedom of expression (that a finding of breach and imposition of a sanction would entail) could be justified.”
On the complaint regarding a declaration of interest, the report added that the ESC had not found any bias towards Tobermory shown by the councillor, or that any interest required to be declared. As a result, they did not find any breach of the code of conduct.
It added: “In the circumstances, the Standards Commission concluded that it was neither proportionate, nor in the public interest, for it to hold a hearing in respect of the complaint. The Standards Commission determined, therefore, to take no action on the referral.”
