The Standards in Public Office Commission is to refer to the Director of Public Prosecutions a report into alleged breaches of ethics legislation by a Fianna Fáil town councillor.
It is understood that a commission investigation into the attempted rezoning of 20 acres around the Gleneagle Hotel in March 2006 has concluded that Killarney town councillor Patrick O'Donoghue may have breached part of the ethics legislation.
The commission investigated a complaint against Mr O'Donoghue (managing director of the Gleneagle Group) and the Fine Gael mayor of Killarney Sheila Casey (a front-office manager of the Killarney Valley Hotel, which is leased by the Gleneagle Group).
The commission held a hearing into the case in March under the Ethics in Public Office Acts 1995 and 2001 and part 15 of the Local Government Act 2001. It circulated both councillors yesterday with its report into the investigation.
The reports are due to be made public today but it is understood that the standards commission is recommending no further action be taken against Ms Casey. She was a signatory to and supported a motion which sought the rezoning of lands around the Gleneagle Hotel at the monthly meeting of Killarney Town Council in March 2006.
Mr O'Donoghue helped to word the motion but he did not vote on it, declaring an interest.
Council management vehemently opposed the rezoning of the lands 1.9km (1.2 miles) outside the town centre, saying it would have opened the door for high-density housing, an office block, retail outlets and apartments.
During the commission hearing in March, Mr O'Donoghue said he drew up a motion and approached fellow councillors, including Ms Casey, and asked them to sign it. He did not sign as he did not consider this would be appropriate. He took no part in the debate.
Mr O'Donoghue said he did not appreciate at the time that it was not proper for him to seek support, as a businessman, for the motion and that he might have been infringing his obligations as a councillor inadvertently.
Ms Casey told the hearing her involvement with Mr O'Donoghue was limited to her employment in one of his family's hotels and she had no day-to-day contact with him. She said she looked at every motion on its merit and would never be influenced by her employment.
In a statement last night, Mr O'Donoghue said he was at a loss to understand how the commission could find he intentionally sought to influence a decision of the council.
"I categorically denied this in my sworn evidence to the commission at the hearing on March 26th last. I continue to emphatically deny that I ever sought to influence my colleagues in the Killarney Town Council or that I would ever attempt to do so. I still maintain that I acted at all times in good faith and in an open and transparent fashion."
When contacted by The Irish Times, Ms Casey said she was in Rhodes on council business and had not had the opportunity to be briefed on the report.