The Standards in Public Office Commission (SIPO) says it intends to refer a report into alleged breaches of the ethics legislation by a Kerry Fianna Fáil town councillor to the Director of Public Prosecutions.
The report which investigated the attempted rezoning of 20 acres around the Gleneagle Hotel in Killarney in March 2006 found that Councillor Patrick O'Donoghue contravened part of the ethics legislation in relation to a motion to rezone land.
Mr O'Donoghue, who is the managing director of the Gleneagle Group, helped word the motion and approached several other councillors about rezoning the lands which are located 1.9km outside the town centre.
He did not, however, vote on the motion, declaring an interest.
In its report, SIPO said it had formed the view that offences under the Local Government Act may have been committed by Councillor O'Donoghue and it will be referring the report on the matter, as required under the ethics legislation, to the DPP.
SIPO found that Fine Gael mayor of Killarney Sheila Casey, an employee of the Gleneagle group who was a signatory to the motion and voted for it, did not contravene the ethics legislation.
It said it was not satisfied on the evidence before it that Councillor Casey had actual knowledge that she had, as an employee of the O'Donoghue family, a beneficial interest in the motion to rezone the lands.
The Commission concluded that council officials should remind councillors of the provisions of the Ethical Framework for the Local Government Service at the beginning of each council meeting where planning matters are on the agenda.