------ Original Message ------
From: "Sweeney, Colin2" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Friday, 21 Jul, 2023 At 09:55
Subject: RE: Planning Application/Local Review Body - Meetings Shambles

– my apologies.

I am hoping to have a full response to you by close of play today.

In the meantime, the Council’s Monitoring Officer is Gerry Mahon.

Colin


------ Original Message ------
To: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Sent: Friday, 21 Jul, 2023 At 11:43
Subject: RE: Planning Application/Local Review Body - Meetings Shambles - Councillors' Code of Conduct Monitoring Officer

Hi Gerry

I look forward to Colin Sweeney's full response.

However, after weeks of being "He-Who-Must-Not-Be-Named", you have now been named as Councillors' Code of Conduct Monitoring Officer.

What does this entail?

Who do you report to?

The Standards Commission for Scotland?

www.standardscommissionscotland.org.uk/c...lors-code-of-conduct

Other?

What has been your involvement in this matter and involvement in meetings/discussions with Colin Sweeney/Council Officials/Councillors and meeting and discussions with Council Leader Owen O'Donnell.

Your help is appreciated.

Thanks

Sent: 21 July 2023 18:18
To: Mahon, Gerry < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Subject: RE: Planning Application/Local Review Body - Meetings Shambles - Councillors' Code of Conduct Monitoring Officer

Hi Gerry

I have now heard from Colin Sweeney.

Would apprecite if you can give requested information below and details of your involvement in this matter.

Thanks

------ Original Message ------
From: "Mahon, Gerry" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Wednesday, 26 Jul, 2023 At 14:17
Subject: Re: Planning Application/Local Review Body - Meetings Shambles - Councillors' Code of Conduct Monitoring Officer

the role of the Monitoring Officer is set out in legislation (the Local Government and Housing Act 1989 as amended and is focussed on identifying issues of maladministration/injustice.

In that capacity I don't report to anyone and am quasi independent.

Any matters I decide to report on go the Council at large for consideration.

I also have a role in liaising with/ensuring training for Councillors regarding the Code of Conduct and act as the Council's go-between with the Standards Commission in the event that complaints are made against them.

As regards this matter, I am aware of the events relating to it and have had discussions with the Democratic Services manager regarding his investigation and findings.

As a matter of fact I was personally present (in the capacity of legal adviser to the Review Body) for some of the proceedings which are the backdrop for the complaint.

I have not had any personal communication with Cllr O'Donnell as that was undertaken by Mr Sweeney.

I hope this is of assistance.

Regards
Gerry

Sent: 26 July 2023 14:56
To: Mahon, Gerry < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Subject: Re: Planning Application/Local Review Body - Meetings Shambles - Councillors' Code of Conduct Monitoring Officer

Hi Gerry

Thanks for this.

For clarification would apprecite if you can give -

When did you become Councillors' Code of Conduct Monitoring Officer?

How many issues of maladministration/injustice have you identified?

How many matters have you decided to report on? How were you made aware of these matters?

How many went to the Council at large for consideration?

How many times have you acted as the Council's go-between with the Standards Commission for complaints made against Councillors?

Your help is appreciated.

Thanks

------ Original Message ------
From: "Mahon, Gerry" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Monday, 31 Jul, 2023 At 21:38
Subject: Re: Planning Application/Local Review Body - Meetings Shambles - Councillors' Code of Conduct Monitoring Officer

in respect of your queries in the chain below the answers are as follows-

1     End January 2022

2     0

3     0

4     0

5     1

Regards
Gerry


Sent: 01 August 2023 11:12
To: Mahon, Gerry < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Subject: Re: Planning Application/Local Review Body - Meetings Shambles - Councillors' Code of Conduct Monitoring Officer

Hi Gerry

Thanks for this. Not a particularly time consuming post?

What is the significance of the end January 2022 date and you becoming Councillors' Code of Conduct Monitoring Officer then?

Who was the Officer before you?

Are there any public details available regarding the one occasion when you acted as the Council's go-between with the Standards Commission for complaints made against Councillors?

Your help is appreciated.

Thanks


------ Original Message ------
From: "Mahon, Gerry" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Tuesday, 1 Aug, 2023 At 11:29
Subject: Re: Planning Application/Local Review Body - Meetings Shambles - Councillors' Code of Conduct Monitoring Officer

Depends... it has its peaks and troughs!

Fortuntely, in my other role as legal officer I often have notice of proposals at a tentative stage which I can advise against if they are not in line with legislative obligations etc - they don't therefore materialise and I don't need to report as monitoring officer.

Equally, there is a proactive element to the role which allows me to speak to councillors more generally on issues re behaviour and for them to come to me to ask in advance of taking certain actions.

That aspect of the role is arguably the most time consuming.

I took over as monitoring officer following the departure of the previous incumbent, the then Deputy Chief Executive, Caroline Innes in 2022.

I'm not aware of any public details - suffice to say it was a complaint regarding comment on a social media platform. which was later dropped following an apology.

Regards
Gerry


Sent: 01 August 2023 18:14
To: Mahon, Gerry < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Subject: Re: Planning Application/Local Review Body - Meetings Shambles - Councillors' Code of Conduct Monitoring Officer

Hi Gerry

Thanks for this.

'Fortuntely, in my other role as legal officer...'

Is this a fortunate coincidence for yourself, or is it a requirement that the Councillors' Code of Conduct Monitoring Officer should also have other role as legal officer?

Correct me if I am wrong, but I can't find any mention of the then Deputy Chief Executive, Caroline Innes being a legal officer?

'... I often have notice of proposals at a tentative stage which I can advise against if they are not in line with legislative obligations etc - they don't therefore materialise and I don't need to report as monitoring officer.'

Sorry, I'm not quite sure what you're saying above.

When is this tentative stage ?

Yes, proposals may not be in line with legislative obligations etc, .....but they are not necessarily issues of maladministration/injustice?

Would appreciate if you can give a few examples of these proposals/issues

- proposals at a tentative stage which I can advise against if they are not in line with legislative obligations etc

- issues of maladministration/injustice

Is this information available for Councillors' Code of Conduct Monitoring Officer, the then Deputy Chief Executive, Caroline Innes, for their time in the position of Councillors' Code of Conduct Monitoring Officer up to January 2022?

When did Caroline Innes become Councillors' Code of Conduct Monitoring Officer?
How many issues of maladministration/injustice were identified during their time?
How many matters did they decide to report on? How were they made aware of these matters?
How many went to the Council at large for consideration?
How many times did they act as the Council's go-between with the Standards Commission for complaints made against Councillors?

Your help is appreciated.

Thanks

------ Original Message ------
From: "Mahon, Gerry" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Wednesday, 2 Aug, 2023 At 09:42
Subject: Re: Planning Application/Local Review Body - Meetings Shambles - Councillors' Code of Conduct Monitoring Officer

No requirement for it to be a legal officer... As you say, Caroline was not legally qualified.

The tentative stage would be before any formal proposals or decisions are made by officers or approved by councillors at cabinet or full council - it might include things like building on certain land, stopping or charging for a service, closing or creating a new facility, imposing new criteria on eligibility for a service etc.

You are right to say that not all these issues will involve maladministration or injustice but many do -one aspect of maladministration is a failure to apply law or rules properly.

As regards Caroline's time as Monitoring officer I do not hold that information.

If you wish me to treat this part of your query as a formal FOI I will pass to the relevant service to process.

Please let me know if this is the case.

Regards
Gerry