Former councillor’s appeal against ban thrown out by board
Disqualification for harrassing politicians is upheld
A former councillor who waged an “unrelenting” harassment campaign against two elected members has had his appeal against his 16-month ban thrown out, the Express can reveal.
Paul Mack was disqualified as a councillor by the Standards Commission for Scotland after he bombarded councillors Eddie Devine and Alistair Mackay with abusive emails and personal attacks.
He appealed the decision in June this year, delaying a planned by-election for his Paisley Southeast ward.
However, a scathing verdict, seen by the Express, has been upheld and has ordered Mack to pay the Standards Commission the cost of the appeal.
Mack had tried to argue that the sanction imposed by the panel was “excessive” and also disagreed with the panel’s view that he had “disdain and disregard” for the Code.
He also argued that the panel had no right to say he was not fit to hold office and that the year-long harassment campaign should have been treated as one course of conduct and not multiple.
Giving his verdict, Sheriff Principal David Murray said in the report: “There was no unreasonableness in the finding of [the panel] that [Mack] should be disqualified.
“I also find there to be force in the submission that given the period for which [Mack] has served as a councillor, his apparent disdain of the code, his lack of detachment from the process, and his lack of apology for his actions, were all relevant factors.”
Referring to the 16-month ban, the report added: “The sentence cannot be said to be excessive, unfair, unreasonable or disproportionate.
“In these circumstances I shall refuse the appeal and find [Mack] liable to the [Standards Commission] for the expenses of the appeal.”
The panel had previously banned Mack after he made wholly unfounded claims that Councillor Devine had influenced council officers into allocating his daughter a house.
The allocation was reviewed by Renfrewshire Council’s chief auditor and then Audit Scotland, who concluded that the council property was appropriately let and that there was no influence, or opportunity for influence.
In one email he described Councillor Devine as “white supremacist” and in another he said Councillor Mackay was having “cocktail hour in the piano nobile at The Savoy, quaffing a burra peg and slapping orphans, thinking you’re defying Hitler.”
Delivering a damning verdict on Mack’s behaviour, Paul Walker, chair of the hearing panel, said at the time: “Even when confronted with independent findings which confirmed him to be in the wrong, Councillor Mack compounded his misconduct by continuing to make offensive and damaging allegations.
“A fundamental element of the Code of Conduct is the requirement for councillors to behave with courtesy and respect towards fellow councillors and staff.
“Councillor Mack has shown little regard for his obligations, not just in these cases, but on previous occasions when he was suspended for breaches of the code for disrespect.”
He added: “He has provided no justification, no apology and no undertaking to avoid similar conduct in the future, and indeed his participation in the whole process has been minimal.
“Imposing a sanction of disqualification is not one we have come to lightly but the panel is satisfied, in the circumstances, that it is fully warranted and necessary to protect others and to reflect Councillor Mack’s repeated wilful misconduct and unwillingness to change his behaviour.”
Mack was originally banned for 17 months by the Standards Commission for Scotland over the year-long bullying campaign.
That punishment was quashed when he successfully appealed the decision in court over a procedural error and a fresh hearing was ordered.
However, the panel reached a similar conclusion and again imposed a lengthy ban.