A Stirling councillor has been banned from attending the next full council meeting after a ‘”verbal altercation” over nursery provision with another elected member.
Gerry McGarvey, a Labour councillor for Forth & Endrick, was found to have behaved disrespectfully towards another elected member during the recess of a council meeting on March 2, 2023.
At a Standards Commission hearing in Stirling on Wednesday, the panel heard how Mr McGarvey became “angry, frustrated and agitated” with another councillor after she suggested he should explain to parents why he voted in favour of a decision that would effectively cut nursery hours.
During a break in the meeting, Mr McGarvey was seen to have stood over the councillor, raised his voice, and repeatedly pointed his finger at her.
‘Shocked and shaken’
The female councillor then complained to the Standards Commission for Scotland.
The panel found it reasonable that the female councillor would have been “shocked and shaken” by Mr McGarvey’s behaviour, therefore breaching paragraph 3.1 of the councillor’s code requiring councillors to treat others with courtesy and respect.
However, it accepted that the complainer had initiated the exchange by making a “somewhat inflammatory comment” and that the confrontation was relatively short.
It also acknowledged Mr McGarvey had apologised in person and by text immediately after the incident, and then by email later the same day.
The Labour councillor had also co-operated with the hearing process and there was no evidence of repeated behaviour or of any previous code breaches.
Suspended
The panel concluded that while Mr McGarvey’s conduct did not meet the code’s threshold for bullying, suspending his right to attend the next full council meeting was
the appropriate sanction.
Panel chair Helen Donaldson said: “The Panel found that Cllr McGarvey behaved in an intimidating and aggressive manner towards a colleague, during a verbal altercation about proposed cuts to nursery provision in their ward.”
“The Code of Conduct does not prevent councillors from being able to express their views and opinions. The panel accepted that Cllr McGarvey had felt that the complainer had been ‘shirking responsibility’ as a politician and that he had sought to raise his concerns with her in this regard.
“The Code of Conduct does not prevent councillors from being able to express their views and opinions. However, there was no reason why he could not have done so in a respectful manner – Helen Donaldson, Standards Commission
“The panel agreed, however, there was no reason why he could not have done so in a respectful manner, without losing his temper, resorting to aggressive behaviour and causing others to feel they had to intervene.
“The Standards Commission considers that the adherence to the code helps ensure a minimum standard of public debate, which in turn ensures public confidence in local government, the council and the role of a councillor from being is not undermined.”
Mr McGarvey has been approached for comment.
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