One of Scotland�s main police figures is facing disciplinary action over �significant issues of concern� about his conduct and performance.
One of Scotland's main police figures is facing disciplinary action over "significant issues of concern" about his conduct and performance.
David Mulhern, chief executive of the controversial Scottish Police Services Authority (SPSA), is now locked in a remarkable legal battle with his own board, having successfully sought an interim interdict yesterday to prevent a disciplinary hearing being held.
However, the agency, which was set up to centralise Scotland's police functions, immediately responded by appealing his move, and its case will be heard at Glasgow Sheriff Court next week.
In a statement issued last night following repeated inquiries by The Herald, interim SPSA convener George Kay said: "The board has significant issues of concern over the conduct and performance of the chief executive in the course of his duties.
"As a result, we have intimated to David Mulhern that, as (he is) an employee of the organisation, we are seeking to cover these issues under the terms of SPSA's disciplinary policy and to hold a disciplinary hearing into those issues.
"The chief executive has today chosen to raise a technical legal issue about the board's right to take this course of action. That is something we will challenge robustly at the first available opportunity in court.
It is understood the disciplinary hearing will focus on his style of management, both internally and in relation to other agencies. It is known that a senior personnel official is currently off work, claiming stress, and has lodged a grievance against the agency.
The Herald understands Mr Mulhern, 51, was concerned that the board did not have the authority to take sanctions against him and that he could be removed from his post only by Justice Secretary Kenny MacAskill.
But a Scottish Government spokesman said: "The conduct of any disciplinary proceedings is a matter for the SPSA and is not subject to the approval of the Cabinet Secretary for Justice."
Mr Mulhern, who earns more than £100,000 a year, was appointed chief executive in January 2007, and had worked with the then Scottish Executive for the preceding 18 months on setting up the new authority.
Established under the Police, Public Order and Criminal Justice (Scotland) Act 2006, the SPSA was set up to produce efficiency savings by centralising the provision and procurement of training, IT, and forensic services. It has 1700 staff and an annual budget of £84m.
However, Mr Mulhern's tenure has largely been characterised by controversy over the agency's role and remit, as well as a number of high-profile departures.
Graeme Pearson, former head of the SCDEA, quit to take early retirement after complaints by politicians that the agency's autonomy had been compromised, while Ricky Gray, a former deputy chief constable of Strathclyde, left last year and fired a public parting shot about concerns over the organisation's lack of accountability.
Mr Mulhern, a former assistant chief constable of the British Transport Police and deputy chief constable of Central Scotland, was unavailable for comment.
