Background

2.1 On 30 January 2014, the Standards Commission received a complaint dated 29 January 2014 from Councillor Larry Bannon, then Mayor, Longford County Council, concerning Mr Tim Caffrey, County Manager, Longford County Council. The post of County Manager was replaced by a post of Chief Executive with effect from 1 June 2014 under the provisions of the Local Government Reform Act 2014.

2.2 In his complaint, Councillor Bannon stated:

"At no time did I receive any notification in writing from the County Manager Tim Caffrey of his interest in a proposed sale of his dwelling to the Muiríosa Foundation in accordance with the provisions of section 178(2)(b) of the Local Government Act 2001, notwithstanding that Longford County Council appeared to be involved in arrangements to facilitate the financing of this proposed purchase. While it is accepted that the proposed sale did not take place, my allegation is that Longford County Manager Tim Caffrey failed to comply with the provisions of section 178(2)(b) of the Local Government Act 2001, in that he as manager of a local authority had actual knowledge of a matter that he had a pecuniary or other beneficial interest in, or which is material to, any matter which was proposed or otherwise arose from or as regards the performance by the authority of any of its functions under the Local Government Act 2001 or any other enactment."

2.3 Having considered the matter, the Commission appointed Mr Brendan O'Neill of the Office of the Ombudsman as Inquiry Officer on 14 February 2014 under Section 6 of the Standards Act to conduct a preliminary enquiry into the complaint, to prepare a report of his enquiry, to furnish any statements made to him by the persons complained of and any other relevant persons, along with any relevant documents and to express an opinion as to whether there was prima facie evidence to sustain the complaint. The Inquiry Officer presented the report of his enquiry to the Commission on 9 September 2014, along with relevant statements and documents. He expressed the opinion that there was prima facie evidence to sustain an investigation of the complaint.

2.4 Having examined the provisions of the Ethics Acts and the Local Government Act and having taken account of the report of the Inquiry Officer, the Commission decided on 9 February 2015 that it was appropriate to carry out an investigation under section 23 of the Ethics Act to determine whether Mr Caffrey had contravened Part 15 of the Local Government Act. Details of the alleged contravention are included in the Commission's correspondence with Mr Caffrey dated 14 May 2015 - see Appendix 1.

2.5 Relevant extracts from legislation and the Code of Conduct for Employees are included in Appendix 2.