Commissioner for Ethical Standards in Public Life in Scotland

Transcription

1 Commissioner for Ethical Standards in Public Life in Scotland REPORT Complaint number LA/NL/1940 concerning an alleged contravention of the Councillors Code of Conduct by Councillor Rosa Zambonini of North Lanarkshire Council Commissioner for Ethical Standards in Public Life in Scotland Thistle House, 91 Haymarket Terrace, Edinburgh EH12 5HE T: E: W: I

2 CONTENTS 1.0 Introduction 2.0 Outline of the Complaint and the Response 3.0 The Investigation 4.0 Consideration of the Evidence 5.0 Findings and Conclusion Appendix A Appendix B Appendix C Appendix D The Complaint The Response List of Persons Interviewed The Respondent s Response to the Proposed Report

3 1.0 Introduction 1.1 Complaint number LA/NL/1940 alleges a contravention of the Councillors Code of Conduct ( the Code ). The Code was issued by the Scottish Ministers in terms of section 1 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 ( the 2000 Act ) and came into effect on 1 May A revised edition of the Code was issued on 21 December The complaint has been lodged by Mr Robert Young ( the complainer ) who alleges a contravention of the Code by Councillor Rosa Zambonini ( the respondent ). The respondent is an elected member of North Lanarkshire Council ( the Council ). 1.3 It is alleged that the respondent has contravened the Councillors Code of Conduct, and, in particular, paragraphs 4.3 and 4.7. With regard to section 4, paragraphs 4.3 and 4.7 of the Code state: 4.3 You have a registrable interest where you receive remuneration by virtue of being:- (i) (ii) employed; self-employed; (iii) the holder of an office; (iv) a director of an undertaking; (v) a partner in a firm; or (vi) undertaking a trade, profession or vocation, or any other work. 4.7 When registering employment, you must give the name of the employer, the nature of its business and the nature of the post held in the organisation. Regulation 5 of The Ethical Standards in Public Life etc. (Scotland) Ac5t 2000 (Register of Interests) Regulations 2003 states: Further notices 5. (1) Each responsible person shall on any change to the information contained in a notice under regulation 4 or this regulation, give a further notice to the proper officer or standards officer, as the case may be, setting out the details of that change. (2) The further notice shall (a) be given within one month of the change to the information; and (b) provide the details of that change in the manner prescribed by regulation 4(3).

4 1.4 The respondent has signed a declaration of acceptance of the office of councillor under the Local Authorities (Councillors) (Declaration of Acceptance of Office) (Scotland) Order 1990, as amended, in terms of which the respondent has undertaken to meet the requirements of the Councillors Code of Conduct in the performance of her functions in that office. 1.5 For the purpose of this investigation, I was assisted by Mr Ian Mackay, Investigating Officer. 1.6 This Report has been prepared for submission to the Standards Commission for Scotland in terms of section 14(2) of the 2000 Act. The Report was submitted in proposed form to the respondent for any representations. No adjustments have been made by the respondent. The respondent s response is set out in Appendix D. 2.0 Outline of the Complaint and the Response The Complaint 2.1 The complaint is set out in a complaint form which is attached as Appendix A. The complainer alleges that the respondent had failed to amend her register of interests to record her remunerated employment within one month of commencing employment. The Response 2.2 The response is set out in an from which is attached as Appendix B. The respondent acknowledged that she had failed to register her employment interest timeously. 3.0 The Investigation 3.1 To establish the background to the complaint, the Investigating Officer sought and received information from the Council. 3.2 Having considered the documentary evidence, the Investigating Officer proceeded individually to interview the respondent and relevant witnesses. The interviews took place on 21 November A list of those interviewed is attached as Appendix C. 4.0 Consideration of the Evidence 4.1 Councillor Rosa Zambonini has been a councillor for 15 months, is a member of The Scottish National Party and a member of the Environmental Services Committee, Housing and Social Work Committee, Policy and Resources (Human Resources) Committee and the Youth and Equalities Committee. 4.2 The respondent was elected at a by-election on 13 August The respondent completed her register of interests on 10 September In this she recorded that she had no remunerated interests.

5 4.4 The complainer alleged that the respondent had failed to register a financial interest in connection with employment she had secured with a local MSP within 21 days. He indicated that he understood that the respondent had been employed since January The respondent had amended her register on 16 August 2016 to include an entry under the remuneration section. She recorded that she was an Assistant to James Dornan MSP. 4.6 The Council s Monitoring Officer confirmed that the respondent had notified his staff of the amendment to the register on 8 August and that the online register had been updated on 16 August He advised at interview that the respondent had attempted to contact him by on 8 August 2016, but as he was on annual leave, the contact was dealt with by a senior member of his staff who arranged for the register to be updated. 4.7 The Monitoring Officer confirmed that, following an election, all councillors are offered induction training on the work of the council, including the requirements under the Councillors Code of Conduct. He advised that the respondent being elected at a by election had not had the same induction training as other councillors. He recalled the respondent and another newly elected councillor receiving a pack of documents which would have included a copy of the Code, but no training had been offered or given at that time. 4.8 The Monitoring Officer s staff issue a reminder to all members to ensure that their register is up to date. Such reminders are sent out every six months. He could not confirm if all members responded to the reminder and advised that the reminders were not followed up. 4.9 The respondent confirmed at interview that she had sought employment with the MSP. She provided me with a copy of her contract of employment, which states that the employment as an office manager commenced on 23 May The MSP has also provided a statement to the effect that the respondent did not start work until Monday 30 May The contract provided for an annual salary payable monthly in arrears, and pay at the start or end of the employment would be on a pro rata basis dependent on what days were actually worked At interview the respondent provided a copy of a Facebook entry dated 20 May 2016 in which she stated, I m excited because I ll be starting a second job with James Dornan MSP. James used to be the leader of the Glasgow SNP council group so it will be a great learning experience for me. It also won t affect my commitment to my council duties in any way. That s the joy of working for someone who understands what my role entails. When you re a single parent be it make (sic) or female you do what needs doing to keep your house in order. Thanks to my lovely parents and my sister [ ] and bro in law [ ] for helping me with child care, and understanding. I ll sleep sometimes!! 4.11 The respondent also confirmed that during the period from the start of her employment with the MSP until August 2016 her two children were very ill, causing the respondent to focus on them rather than on her clerical and administrative work as a councillor.

6 4.12 After she commenced her job with the MSP, Councillor Zambonini had a conversation with another councillor who pointed out she should register her employment. It was after this conversation that she contacted the council s officers. In her of 10 August to a senior legal officer of the council, she wrote: Further to our conversation my blackberry is currently out of order so I would like to make sure that we have a note of my new employment for James Dornan MSP which commenced at the end of May. I have sent an to but as he is on holiday I felt it still right prudent to let you know The respondent stated at interview that she had not received any training on how to apply the Code of Conduct. She was handed a folder containing relevant council material, including a copy of the Code. Similarly, the respondent stated that she had not received any support or guidance from her political colleagues when she was elected. She admitted that she was aware of the need to record any gifts and hospitality received but less sure of what else to register. 5.0 Findings and Conclusion 5.1 The complainer alleges that Councillor Rosa Zambonini contravened the Councillors Code of Conduct, as outlined in paragraphs 1.3 and 2.1 of this Report. 5.2 The complaint alleges that the respondent had failed to register her employment within 21 days, under paragraphs 4.3 and 4.7 of the Code. 5.3 The respondent was elected at a by-election on 13 August The respondent completed entries in her register of interests on 10 September The respondent secured employment with James Dornan MSP as an office manager. The contract of employment stated that her commencement date was 23 May However, Mr Dornan confirmed in writing that the respondent did not actually begin work until Monday 30 May The respondent acknowledged that she did not register the remunerated post until she contacted the Council s officers on 8 August 2016, and followed this up with an on 10 August requesting that her register be updated to record her employment. 5.7 In explanation, the respondent advised that during the period from starting her employment on 30 May 2016 until early August, both her children were very ill and her attention was focussed on them rather than on clerical and administrative duties as a councillor. She also advised that she had not received any training from council officers or assistance from political colleagues on how to apply the details of the Code. However, she did confirm she was aware of the need to register any gifts or hospitality received. 5.8 Although the respondent had not amended her register of interests within the prescribed period, she did put on Facebook on 22 May 2016 that she would now be working for the MSP.

7 5.9 I have to consider whether the actions of the respondent amounted to a breach of the Code Paragraph 4.3 of the Code requires councillors who are in receipt of remuneration by virtue of being employed, self employed or the holder of an office to register such an interest. Paragraph 4.7 expands on this requirement: councillors must give the name of the employer, the nature of the business and the nature of the post held Regulation 5 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (Register of Interests) Regulations 2003 requires that each responsible person shall on any change to the information contained in a notice under regulation 4 or this regulation give a further notice to the proper officer or standards officer, as the case may be setting out the details of that change. The further notice shall be given within one month of the change to the information and provide the details of that change in the manner prescribed in regulation 4 (3) Nothing in this set of regulations requires such intimation within 21 days as alleged by the complainer. There is no evidence that the respondent was employed by James Dornan MSP from January 2016, as alleged by the complainer I do not consider that the respondent had any latitude in the time within which such a change in her registered interests should have been recorded. The regulation is quite clear that the period is one month and, as the respondent had been working for the MSP for approximately 10 weeks, I conclude that the respondent has breached paragraphs 4.3 and 4.7 of the Code I note that the respondent had not had the benefit of any training on the requirements of the Code and had only intimated the change to her circumstances following a conversation with another councillor I also note that the respondent s personal circumstances during the first weeks of her employment meant that she had not focussed on aspects of her council duties. Her intimation on Facebook that she would be working for the MSP, while public notification to some extent, does not obviate the requirement to comply with the terms of the 2003 Regulations In relation to LA/NL/1940 which alleged a breach of paragraphs 4.3 and 4.7 of the Code, I have come to the conclusion that, having regard to the findings in section 5 and in particular paragraphs 5.10 to 5.13 of this Report, Councillor Rosa Zambonini has contravened the Councillors Code of Conduct. Thistle House 91 Haymarket Terrace Edinburgh EH12 5HE Bill Thomson Commissioner

8 16 January 2017