Kerry County Council is investigating a complaint against independent Fianna Fáil county councillor, Mr Danny Healy-Rae, by a fellow councillor over an alleged breach of public office ethics.
The allegation has been made by Cllr Brendan Cronin (Ind) and the matter is being investigated by the council's ethics registrar, Mr Michael McMahon.
Mr Cronin wants the council to establish whether a conflict of interest occurred in a motion on hedge-cutting put down by Mr Healy-Rae, a plant hire contractor, at the council's September meeting.
At that meeting Mr Cronin said Mr Healy-Rae was in effect proposing work for himself.
It is the second time Mr Cronin has asked the council whether a conflict of interest has occurred in the case of Mr Healy-Rae, whose plant hire firm in 2003 earned €400,000 of business from the council, the highest amount paid to a company on the annual contracts list which goes out to public tender.
Mr Healy-Rae was cleared of the first complaint of conflict of interest last April, following senior counsel's opinion.
In September, Mr Healy-Rae put down a motion that the council's hedge-cutting programme be resumed on county and local roads, especially in the light of "the massive revenue" being collected in motor taxation.
The motion was supported by Mr Michael Cahill (FF) who said school buses and tour buses were being damaged by over-hanging branches.
At the meeting Mr Healy-Rae said while he had tendered for the cutting of hedges, he had not to date been hired for that purpose. In fact, he had carried out hedge-cutting on a voluntary basis, without being paid, at the end of the previous year.
Yesterday, he said he was not at all worried about the complaint as he had refused hedge-cutting work from the council before the motion was put down. He said he did not have the manpower available when a council engineer approached him to carry out hedge-cutting work and the engineer could verify that.
He said he had put the motion down after numerous complaints from constituents and felt under pressure locally.
The matter is being investigated under the Local Government Act 2001. If found to have breached public office ethics, he could be asked to resign his seat, or be disqualified from being elected, or co-opted, to future councils.
Asked whether he feared losing his seat over the issue, he said he did not. "I have no intention of handing over my seat. I know in my heart and soul I did nothing wrong," Mr Healy-Rae said.
Kerry county manager Mr Martin Riordan and the mayor Mr Ned O'Sullivan are seeking legal advice on the matter.
On the previous complaint, Mr Healy-Rae said at the time it was politically motivated and designed to hurt him politically.
Mr Healy-Rae was co-opted to the council before the last local elections on the retirement of his father, Mr Jackie Healy-Rae TD, when the ending of the dual mandate prohibited sitting TDs from also holding council seats.
Mr Healy-Rae was elected to a council seat in June this year on his own account. His brother, Mr Michael Healy-Rae (Ind FF), also sits on the council.