One of Scotland's most senior police officers faces disciplinary action this month following a sheriff court ruling yesterday.
One of Scotland's most senior police officers faces disciplinary action this month following a sheriff court ruling yesterday.
The ruling means the Scottish Police Services Authority (SPSA), the body responsible for support services, IT and procurement for all of Scotland's forces, was effectively granted leave to take the action against its own chief executive, David Mulhern.
The SPSA board yesterday wrote to Mr Mulhern requesting he attend a formal disciplinary hearing "to address their concerns" later this month. It also moved to suspend him to allow a separate investigation to be carried out into other allegations.
In the latest stage of this remarkable dispute, the SPSA won its appeal against an interim interdict served on behalf of Mr Mulhern, to stop it holding a disciplinary hearing into his conduct.
Mr Mulhern is expected to have to pay thousands of pounds to the authority for the legal costs incurred.
The legal case arose after the board of the SPSA raised "significant issues of concern" about Mr Mulhern's conduct and performance.
The 51-year-old, who earns £106,000 a year, has courted controversy with his views about centralising and "civilianising" active police functions.
His tenure has largely been characterised by controversy over the agency's role and remit, as well as a number of high-profile departures.
Mr Mulhern, the former deputy chief constable of Central Scotland, was due to appear in front of an SPSA disciplinary hearing in December about 37 "extremely serious" complaints as well as "significant issues of concern", but managed to stop the meeting taking place by lodging an interim interdict at Glasgow Sheriff Court.
After he was granted the interdict, the SPSA appealed, but two sheriffs ruled that the interdict should stand.
The authority lodged a further appeal, which was continued by Sheriff Principal James Taylor on December 23.
Lawyer Charles Hennessy, for Mr Mulhern, said that as a holder of public office appointed by Scottish ministers before the authority came formally into being, Mr Mulhern was not employed by the SPSA and could not be disciplined by it.
However, Ian Truscott, QC, for the SPSA, argued that while Mr Mulhern was originally on secondment to the authority from Central Scotland Police, he became a full-time employee when he resigned from that role in March 2008.
Sheriff Principal Taylor issued the written judgment yesterday stating that Mr Mulhern is an employee of the authority.
He found that according to the legislation, there was a "strong pointer to the chief executive being an employee".
SPSA vice-convener George Kay said last night: "We have informed Mr Mulhern that he will be expected to attend a formal disciplinary hearing this month. We have concluded that it is appropriate that Mr Mulhern is now formally suspended from his duties pending an investigation into another matter."
