Agenda Document Pack - Council - 26/09/2024
Renfrewshire Council · 26 September 2024
Back to Council — 26 September 2024 and its agenda
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Notice of Special Meeting and Agenda Council Date Time Venue Thursday, 26 September 2024 13:00 Council Chambers (Renfrewshire), Council Headquarters, Renfrewshire House, Cotton Street, Paisley, PA1 1AN MARK CONAGHAN Head of Corporate Governance Membership Provost Lorraine Cameron (Convener): Councillor Iain Nicolson (Leader): Councillor Cathy McEwan (Depute Convener): Councillor Jacqueline Cameron (Depute Leader): Councillor Jennifer Adam: Councillor Fiona Airlie-Nicolson: Councillor Alison Ann- Dowling: Councillor Stephen Burns: Councillor Michelle Campbell: Councillor Graeme Clark: Councillor Carolann Davidson: Councillor Eddie Devine: Councillor Andy Doig: Councillor Audrey Doig: Councillor Chris Gilmour: Councillor Edward Grady: Councillor Gillian Graham: Councillor Neill Graham: Councillor John Gray: Councillor Anne Hannigan: Councillor John Hood: Councillor Lisa-Marie Hughes: Councillor Robert Innes: Councillor Alec Leishman: Councillor Bruce MacFarlane: Councillor James MacLaren: Councillor Kenny MacLaren: Councillor Mags MacLaren: Councillor Colin McCulloch: Councillor Janis McDonald: Councillor David McGonigle: Councillor Jamie McGuire: Councillor Marie McGurk: Councillor Iain McMillan: Councillor John McNaughtan: Councillor Kevin Montgomery: Councillor Sam Mullin: Councillor Will Mylet: Councillor Jim Paterson: Councillor Emma Rodden: Councillor John Shaw: Councillor Ben Smith: Councillor Andy Steel: Notice of Meeting Please note that this meeting will take place at 1.00 pm or at the conclusion of the ordinary meeting of Renfrewshire Council, whichever is the later. Members of the Press and Public Members of the press and public wishing to attend the meeting should report to the customer service centre where they will be met and directed to the meeting.
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Further Information This is a meeting which is open to members of the public. A copy of the agenda and reports for this meeting will be available for inspection prior to the meeting at the Customer Service Centre, Renfrewshire House, Cotton Street, Paisley and online at http://renfrewshire.cmis.uk.com/renfrewshire/CouncilandBoards.aspx For further information, please email democratic-services@renfrewshire.gov.uk Hybrid Meeting Please note that this meeting is scheduled to be held in the Council Chambers. However, it is a hybrid meeting and arrangements have been made for members to join the meeting remotely should they wish. Webcasting of Council Meeting This meeting will be filmed for live or subsequent broadcast via the Council’s internet site – at the start of the meeting the Provost will confirm if all or part of the meeting is being filmed. Generally the public seating areas will not be filmed. The cameras focus on the main participants. If you have any queries regarding this please contact Committee Services on democratic-services@renfrewshire.gov.uk. To find the webcast please navigate to: https://renfrewshire.public- i.tv/core/portal/home and select the meeting from the calendar.
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Apologies Apologies from members. Declarations of Interest and Transparency Statements Members are asked to declare an interest or make a transparency statement in any item(s) on the agenda and to provide a brief explanation of the nature of the interest or the transparency statement. 1 Review of the Scheme for the Establishment of Community Councils Report by Director of Finance & Resources 1 - 80
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___________________________________________________________________ To: Council On: 26 September 2024 ___________________________________________________________________ Report by: Director of Finance & Resources ___________________________________________________________________ Heading: Review of the Scheme for the Establishment of Community Councils ___________________________________________________________________ 1. Summary 1.1 The Council is required to publish a Scheme for the Establishment of Community Councils (the Scheme) setting out the provisions it will make to establish and support community councils in its area and must review the Scheme regularly having regard to changing circumstances and to address any representations received. 1.2 The current Scheme was adopted by the Council in September 2019 and this report advises the statutory procedures to be followed to amend the Scheme for publication in 2025. 1.3 Proposals to amend the Scheme are as set out in the Draft Scheme for the Establishment of Community Councils (the Draft Scheme) (Appendix 1). 1.4 At the meeting of Renfrewshire council held on 27 June 2024, it was agreed that: “Renfrewshire Council commends the positive work carried out by Community Councils in articulating the views of their respective communities which they serve. Council, in particular, values their contribution regarding planning matters. Council notes that Community Councils, and how they operate, will be subject to a review later in the year, and calls for such a review to introduce a Code of Conduct and Complaints Procedure for members of Community Councils.” Item 1 Page 1 of 80
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Accordingly, one key change proposed within the Draft Scheme, attached as Appendix 2 to this report, is the introduction of a Community Council Complaints Procedure. A copy of the Community Council Code of Conduct is attached as an appendix to the amended Scheme. 1.5 Largely as result of changed ways of working during the Covid pandemic, a new Model Scheme, endorsed by the Scottish Government jointly with the Convention of Scottish Local Authorities (COSLA) and the Improvement Service, was made available for adoption in 2023. Reference is made in the new Model Scheme to virtual meetings. 2. Recommendations 2.1 That it be agreed that the Scheme for the Establishment of Community Councils 2019 ought to be amended as proposed within the Draft Scheme for the Establishment of Community Councils; 2.2 That it be agreed that statutory consultation be undertaken on the content and provision of the Draft Scheme with community councils and the public invited to make representations; 2.3 That it be noted that a further report on the outcome of the public consultation exercise and the content and provisions of a final Scheme for adoption by the Council will be submitted to a special meeting of the Council called for that purpose. 3. Reviewing and Amending the Scheme 3.1 The Local Government (Scotland) Act 1973 (the Act) places a duty on the Council to have in place a Scheme detailing the provisions it will make to establish and support community councils in its area. 3.2 The Scheme sets out arrangements for community council: boundaries; elections; membership; meetings; level of annual grant; liability; suspension and dissolution and includes the Constitution and Standing Orders to apply to community councils, together with a Code of Conduct for community council members and a summary of expectations. 3.3 The Council also has a duty under the Act to keep the content and provisions of its Scheme under review having regard to changing circumstances, and any representations received in this respect. The last review was conducted during 2018 and a revised Scheme was adopted by the Council at its meeting held on 26 September 2019. 3.4 Before the 2019 Scheme can be revised and amended, the Council must agree that it ought to be amended, set out its proposals for amendment in a Draft Scheme and undertake statutory public consultation on the content and provisions of the Draft Scheme. A meeting of the Council, convened for that Page 2 of 80
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purpose only, must agree to this, by two-thirds majority of those present and voting. 3.5 At the end of the statutory consultation period a report will be submitted to the Council detailing representations received. Should representations include further proposals to amend the Scheme, these proposals can be accepted or rejected by the Council. If accepted, a second phase of public consultation, on an amended Draft Scheme must be carried out. No new material can be introduced. 3.6 Thereafter, the Council can resolve, at a meeting for that purpose only, to approve the content of the Draft Scheme or the duly amended Draft Scheme, as its new Scheme. The resolution requires a two-thirds majority of members present and voting. 4. Proposed Amendments to the Scheme 4.1 In reviewing the content of the current Scheme, the undernoted matters were considered: 4.2 Complaints Process 4.2.1 At the meeting of Renfrewshire council held on 27 June 2024, it was agreed that: “Renfrewshire Council commends the positive work carried out by Community Councils in articulating the views of their respective communities which they serve. Council, in particular, values their contribution regarding planning matters. Council notes that Community Councils, and how they operate, will be subject to a review later in the year, and calls for such a review to introduce a Code of Conduct and Complaints Procedure for members of Community Councils.” 4.2.2 The last review of the Scheme in 2019 included reference to a complaints process in the proposed amended Scheme. Eight community councils responded to the consultation process: two community councils supported the introduction of a formal complaints process and the remaining six community councils did not, citing the following reasons:- no evidence had been presented that a complaints process was required; the implementation of a complaints procedure would increase the workload of members who were volunteers and therefore have a negative effect on recruitment and retention of members, which was already challenging; the procedure would be impractical to implement as members would not volunteer to participate; Page 3 of 80
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it would encourage vexatious and/or time-consuming complaints to be made against members; it was felt that in-depth consultation/discussion was required on both the practical application and the training to be provided before such a procedure was to be introduced; and given the existing requirement for community council actions and decisions to be transparent, a complaints procedure was not required. 4.2.3 An increasing number of local authorities have introduced a formal public complaints process for community councils. Most local authorities follow the principles set out by the Scottish Public Services Ombudsman that complaints should in the first instance be considered timeously at a local level i.e. by the community council itself. This reflects existing practice where any breaches of the code of conduct are considered by the community council. The second stage of the process, which would apply if a member of the public wished to appeal a decision, a sanctioned community councillor(s) wished to appeal a decision or if the original complaint was of a nature that the community council itself could not consider it, will be the main focus of any new formal process. 4.2.4 It should be noted that Head of Corporate Governance already has the authority in terms of the current Scheme to suspend and recommend the dissolution of community council in certain circumstances. However, they have no authority to take action against an individual community councillor or group of community councillors. 4.2.5 A proposed formal complaints procedure is set out at Appendix 3 to this report. Should the proposal to introduce a complaint procedure be accepted for inclusion with the final Scheme, the Council will require to deliver training on a regular basis for community council members on Complaint Handling and Mediation & Conflict Resolution. 4.3 Boundary Changes 4.3.1 Informal approaches have been made to the Council regarding proposed changes to boundaries between Hawkhead & Lochfield and Paisley East & Whitehaugh Community Councils. It should be noted that if any boundary changes are approved as part of this review, any corresponding increase/decrease in population figures would affect the level of annual funding provided to these community councils each year. 4.3.2 Maps showing the boundaries for each active community council are appended to the amended Scheme. 4.4 New Model Scheme for the Establishment of Community Councils 4.4.1 A new Model Scheme for the Establishment of Community Councils was introduced in 2023 by the Improvement Service. The Improvement Service (IS) engaged with Community Council Liaison Officers (CCLOs) from local Page 4 of 80
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authorities across Scotland and held a series of online workshops throughout 2021-22 with a working group consisting of CCLOs and community councillors from some of the federations and forums of Community Councils currently in existence. Input was also provided by staff from the Scottish Government, Convention of Scottish Local Authorities (COSLA) and the Scottish Community Development Centre (SCDC). The new model Scheme reflects new practices arising from the Covid pandemic, namely the ability to hold virtual meetings. These provisions have been included in the Council’s proposed amended Scheme. 4.5 Population Changes 4.5.1 The adjustments made to community council populations following the publication of the National Records of Scotland 2022 population estimates and the consequent adjustments to the amount of annual administration grant provided by the Council will have very little impact on community councils. 4.6 Community Council Support The post of Community Council Liaison Officer was deleted from the Democratic Services establishment following a Right for Renfrewshire review in 2023. The various references to that post have been removed from the amended Scheme. 5. Community Councils in Renfrewshire 5.1 Community councils have a duty to represent all residents in their area and to do so with fairness and equality. The Local Government (Scotland) Act 1973 Section 51(2) provides this definition: “In addition to any other purpose which a community council may pursue, the general purpose of a community council shall be to ascertain, co-ordinate and express to the local authorities for its area, and to public authorities, the views of the community which it represents, in relation to matters for which those authorities are responsible, and to take such action in the interests of that community as appears to it to be expedient and practicable” 5.2 There are 25 community council areas in Renfrewshire. The geographical boundaries of each area were determined by residents’ understanding of their own ‘natural’ community boundaries. To date, the Council has maintained the status quo in relation to community council boundaries, unless representations for change have been made by residents in the affected area and any affected neighbouring community council also agrees to the change. 5.3 At present, 21 community councils are active, representing approximately 161,045 residents and 4 are inactive leaving approximately 22,823 without community council representation. The inactive community councils are Charleston, Gallowhill, Glenburn and Hunterhill. Page 5 of 80
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5.4 251 residents are members of their local community council. Members are volunteers who have been elected “unopposed” to represent their area. Contested elections are held only where there are more candidates for election than places available on the community council. Membership is open to residents who live in the area, are registered to vote, and are 16 or over. 5.5 Community councils have a Constitution and Standing Orders that have been approved by Renfrewshire Council and operate a Code of Conduct for Members of Community Councils (the Code of Conduct) that sets out standards of behaviour expected of members. 5.6 The Code of Conduct was introduced by the Scottish Government in 2009 as part of its national “model Scheme” with guidance that the Code of Conduct was to be self-regulating. Community councils can investigate alleged breaches of this Code and determine the sanctions to apply. The Scottish Government is silent on what constitutes a complaint about a community council or a community council member, the method of investigation and the sanctions, if any, to be applied. 5.7 However, most other local authorities including Moray and East Renfrewshire have introduced a complaints process for community councils, setting out a mechanism to resolve complaints and sanctions to apply. 5.8 The Council provides an annual administration allowance to each community council towards running costs, based on the formula; £600 + 3p per head of population. (Appendix E to the Scheme sets out the allowance provided to each community council). 5.9 The level of annual administration grant provided by our three comparator Councils is: Dundee City Council £330 + 2p per registered elector Clackmannanshire Council £400 for each CC with population less than 3000 and £600 for all others North Lanarkshire Council £350 + £9 per 100 registered electors 5.10 Direct comparisons with the provisions and support provided to community councils by other Scottish local authorities is not possible given the diversities of size and scale, the levels of direct and indirect funding, and the resources available to provide direct and indirect support. 5.11 As well as their own fundraising initiatives, community councils can apply to the Council for local voluntary organisation grants and to external sources for funding towards local improvement projects for their communities. Page 6 of 80
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6. Review Timetable Forum Date Outcome Community Council Forum 9 September 2024 Informal comments received Special Meeting of Renfrewshire Council 26 September 2024 Consideration be given to agreeing that the Scheme be amended and that public consultation commence Public consultation (8- week period) 1 October – 26 November 2024 Comments to be included in next report to Council Community Council Forum Special meeting to be arranged Comments to be included in next report to Council Special Meeting of Renfrewshire Council 12 December 2024 Meeting to consider comments and prepare draft Scheme for consultation Public consultation 13 January – 10 March 2025 Comments to be included in final report to Council Special Meeting of Renfrewshire Council 1May 2025 Final draft Scheme submitted for approval ___________________________________________________________________ Implications of the Report 1. Financial – The budget requirement for community council annual administration grants, based on revised population figures, and assuming that the four disbanded community councils are reconstituted, has increased slightly from £20,278 to £20,516. 2. HR & Organisational Development – Should a complaints procedure be introduced, there will be a requirement to deliver training to community council members on Complaint Handling and Mediation & Conflict Resolution using either inhouse or external resources on a regular basis. 3. Community/Council Planning – Our Renfrewshire is fair - Community councils represent all residents in their area with fairness and equality and, although not part of local government, are considered the first tier of local democracy. Page 7 of 80
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Our Renfrewshire is safe – Community councils contribute towards keeping residents safe and, to help them do so, have developed strong working relationships with local community police and warden services. Reshaping our place, our economy and our future – Community councils are statutory consultees on planning matters. Building strong, safe and resilient communities – As advocates for their neighbourhoods, community councils have developed strong working relationships with all public sector providers and help to plan services and communicate those plans to residents. 4. Legal – As set out in the report. 5. Property/Assets – None. 6. Information Technology – None. 7. Equality & Human Rights The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report 8. Health & Safety – None. 9. Procurement – None. 10. Risk – None. 11. Privacy Impact - None 12. Climate Risk - None 13. Cosla Policy Position – None. 14. Children’s Rights – None _________________________________________________________ List of Background Papers: Page 8 of 80
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(a) Renfrewshire Council Scheme for the Establishment of Community Councils (2019) (b) Information Services’ Model Scheme for Community Councils https://www.communitycouncils.scot/what-is-a-community-council/model- scheme-documents- 2023#:~:text=This%20section%20of%20the%20Scottish%20Community ___________________________________________________________________ Author: Dave Low Democratic Services/Election Manager 0141 487 1118 david.low@renfrewshire.gov.uk Page 9 of 80
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Appendix 1 Document Title Scheme for the Establishment of Community Councils Service Finance & Resources Lead Author Dave Low Date Effective December 2010 Review Date 2015 Revised February 2015 Review Date 2019 Revised September 2019 Review Date 2023 Revised Page 11 of 80
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CONTENTS Page 1. Introduction 3 2. Statutory Purposes 3 3. The Role & Responsibilities of Community Councils 4 4. Community Council Areas 6 5. Membership of Community Councils 6 6. Establishment of Community Councils 6 7. Community Council Elections 7 Eligibility Elections Returning Officer Nominations Process Method of Election Filling of casual vacancies between elections Co-option to Community Councils Additional Membership 8. Equalities 10 9. Disqualification of Membership 10 10. Meetings 11 11. Communication with Renfrewshire Council 11 12. Resourcing a Community Council 12 13. Liability of Community Councils 13 14. Suspension of a Community Council 13 15. Dissolution of a Community Council 14 Contact Information 15 APPENDICES: A - Community Council Constitution B - Community Council Standing Orders C - Code of Conduct for Community Councillors D - Community Council Funding/Population/Members E - Community Council Boundary Maps F – Summary of Expectations Page 12 of 80
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RENFREWSHIRE COUNCIL SCHEME FOR THE ESTABLISHMENT OF COMMUNITY COUNCILS 1. Introduction 1.1 Community Councils were first established in Scotland following the Local Government (Scotland) Act 1973. Thereafter, the Local Government etc. (Scotland) Act, 1994, which produced the current system of unitary local authorities, made provision for the continuation of community councils. Every local community in Scotland is entitled to petition their local authority to start a community council in their area. 1.2 Renfrewshire Council published its first Scheme for the Establishment of Community Councils (the Scheme) in 2001. Following statutory public consultation, that Scheme was revoked and a new Scheme was adopted in December 2010, the contents of which were revised and amended in 2015 and 2019. The Scheme describes how community councils in Renfrewshire are formed, the conditions under which they operate and the minimum standards to be met for recognition as a community council. 1.3 Guidance on the practical implementation of this Scheme is available on request from Renfrewshire Council: Contact: community-council.cs@renfrewshire.gov.uk or call 0141 487 1118. 2. Statutory Purposes 2.1 The statutory purposes of community councils established under this Scheme are set out in Section 51 (2) of the Local Government (Scotland) Act 1973, as follows: - ‘’In addition to any other purpose which a community council may pursue, the general purpose of a community council shall be to ascertain, co-ordinate and express to the local authorities for its area, and to public authorities, the views of the community which it represents, in relation to matters for which those authorities are responsible, and to take such action in the interests of that community as appears to it to be expedient and practicable’’ 2.2 Community councils are voluntary bodies that exist within a statutory framework. They can complement the role of the local authority but are not part of local government. Page 13 of 80
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2.3 Other Purposes: The Community Empowerment (Scotland) Act 2015, further strengthens the purpose of community councils by including voluntary bodies within the community planning framework. As voluntary bodies, community councils: 1. can participate in all parts of the community planning process to produce Local Outcome Improvement Plans, in the development, design and delivery of these plans and in the review, revision and reporting of progress; 2. can make Participation Requests; 3. can make Asset Transfer requests; 4. can be involved in forestry leasing; 5. have a right to be consulted on the disposal or change of use of common good assets; and 6. can be involved in Participatory Budgeting. 2.4 To support community councils to undertake their role within the community planning process, governance arrangements for Renfrewshire Community Planning Partnership will include recognition of community councils as members of Local Partnerships and advice and support will be provided to assist community councils to make Participation and Asset Transfer requests. This support will include access to advice on appropriate sources of funding available from the Council and other organisations. 3. The Role and Responsibilities of Community Councils 3.1 The general purpose of community councils is to act as a voice for their local area. This will involve them articulating the views and concerns of local people in their area on a wide range of issues of public concern and make representations to their local authority, other public sector bodies and private agencies on matters within their sphere of interest. 3.2 It is essential that these views be demonstrated to be accurately representative of the community. Accordingly, the community council will have in place, in consultation with the local authority, recognised consultative mechanisms, which may include social media, to validate their views and devise strategies to secure greater involvement by all sectors of the community. 3.3 Community councils have a statutory right to be consulted by the Council on planning applications, certain licensing matters and on the disposal or change of use of common good assets. Page 14 of 80
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3.4 Community councils may carry out other activities that are in the general interests of the communities they represent, provided these activities fall within the objects of their Constitution and the terms of this Scheme for the Establishment of Community Councils. 3.5 There should be mutual engagement in the establishment of working relationships with Renfrewshire Council and other public agencies. 3.6 In carrying out their activities community councils must adhere to the law and the terms of this Scheme, including the Constitution (Appendix A), Standing Orders (Appendix B) and the Code of Conduct for Member of Community Councils (Appendix C) 3.7 Each community council is therefore required to: 1. adopt a “Constitution” as set out in Appendix A; 2. adhere to “Standing Orders” for the proper conduct of meetings, as set out in Appendix B; and 3. ensure members abide by the “Code of Conduct for Members of Community Councils” as set out in Appendix C These standard documents have been approved by Renfrewshire Council and cannot be amended without the authority of the Director of Finance & Resources. 3.8 Community councils have a duty under statute to represent the views of their local community. It is vital therefore, that they reflect the broad spectrum of opinion and interests of all sections of the community. To fulfil their responsibilities community councils: 1. should act without religious bias and remain neutral of party political activity: Community councils must not endorse any political party or the activities of any political party. Community councils (and community council members in their role as members) must not show bias for or against any political party. Community council social media accounts should not display content from political parties and should not be used to comment, follow, like, display, forward etc any party- political postings. Community councils should seek to develop good working relationships with all Elected Members of Renfrewshire Council; 2. should inform the community of their work by making agendas and minutes of meetings available in public places such as libraries, community notice boards and online through social media accounts; Page 15 of 80
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3. provide the name and address of community council members, when requested; 4. submit agendas together with minutes of the previous meeting to Renfrewshire Council at least 7 days prior to the date of each meeting; Contact: community-council.cs@renfrewshire.gov.uk 5. distribute agenda and minutes to community council members, ex officio members and any other interested parties at least 7 days prior to each meeting as per the requirements of the Constitution and Standing Orders; 6. seek to broaden both representation and expertise by promoting Associated Membership of the community council of persons (not eligible for election to the community council) for specific projects/issues; 7. make particular efforts to encourage young people and other under- represented groups to attend/participate at community council meetings and to ensure equality of opportunity in the way the community council carries out its function; 8. maintain proper financial records, present regular financial reports to community council meetings and produce annual accounts each year. (A recognised format for financial recording keeping is available from Renfrewshire Council); Contact: community-council.cs@renfrewshire.gov.uk 9. inform Renfrewshire Council, as soon as possible, of any changes to membership. Contact: community-council.cs@renfrewshire.gov.uk 10. hold appropriate Public Liability insurance; 11. register as a Data Controller with the Information Commissioner’s Office and ensure the security of any confidential, personal and/or sensitive information held by the community council; and Contact: https://ico.org.uk/ 12. monitor its social media accounts to ensure content is appropriate, engaging and promotes the work of the community council in a positive manner. The community council’s social media platforms should not be used to conduct arguments, bully or harass any individual or organisation. The opinions expressed on the Page 16 of 80
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community council’s social media platforms should reflect the views of the community council and not of individual members. 4. Community Council Areas within Renfrewshire 4.1 Following consultation, local demand has determined that community councils be established in 25 neighbourhood areas. A list of named community council areas and their approximate population is attached as Appendix D and maps defining the boundaries to apply to each community council area are attached as Appendix E. 5. Membership of Community Councils 5.1 There shall be minimum and maximum numbers of members elected to a community council. Where the population in any community council area is less than 5,000 the minimum membership number will be 7 and the maximum 21. Where the population in any community council area is 5,000 or greater the minimum membership number will be 10 and the maximum 30. The number of members to be elected to each community council is detailed in Appendix D. 5.2 Members must be nominated and elected to the community council and must be 16 years of age or over. 5.3 Members must reside within the specific community council area i.e. the individual’s permanent home must be within the community council area. 5.4 Members must also be named on the electoral register for the community council area in which they reside. Members who are 16 – 17 years of age and not yet listed on the Electoral Register must be proposed and seconded by residents of the community council area who are 18 years of age or over and listed on the electoral register. 5.5 There shall be provision made for non-voting Associate Membership for purposes as defined by each community council, for example, persons under 16 years of age. Such persons will not be counted in terms of meeting a quorum or towards the total number of community council members. 5.6 Elected members of Renfrewshire Council and members of the Scottish and United Kingdom Parliaments are entitled to become ex officio members of community councils, with no voting rights. 6. Establishment of Community Councils 6.1 The Council will give public notice of its intention to revoke the existing Scheme and make a new Scheme and will carry out statutory public consultation before adopting a new Scheme. Page 17 of 80
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6.2 Renfrewshire Council, in compliance with current legislation, will request petitions from 20 residents in each community council area identified in the Scheme and will establish community councils in those areas that return a valid petition. 6.3 Renfrewshire Council will review the Scheme at regular intervals to update and amend the content as appropriate. 7. Community Council Elections 7.1 Eligibility 1. Candidates wishing to stand for election to a community council must meet the criteria for membership outlined in paragraph 5 of this Scheme. The same criteria shall apply to voters in a community council election. 2. Sixteen and 17year-olds residing in the community council area are also entitled to both stand for the community council and vote in any election. To be eligible to stand for election such candidates must comply with paragraph 5 of this Scheme. To be eligible to vote at an election, residents who are 16 – 17 years old and not yet listed on the Electoral Register must provide evidence of identity, for example a statement from parent, guardian or school. 3. Any community council member who no longer resides within that community council area is deemed to have resigned from that community council. 4. Any individual who is elected to serve on Renfrewshire Council, or the Scottish or UK parliament shall be ineligible for membership of a community council, or to stand for election to a community council. Such persons, upon taking office, become ex-officio members of the community councils contained in whole or in part of their electoral constituency. 7.2 Elections 1. The first elections to be held under the Scheme shall be held on a date to be determined by the Director of Finance & Resources. 2. Subsequent elections will be held on a four-yearly-cycle, outwith local government election years, on dates to be determined by the Director of Finance & Resources. Where the number of established community councils exceeds a level to be determined by the Director of Finance & Resources, elections for a proportion of the total number of established community councils within the 4-yearly cycle may be arranged. Should community councils’ election cycle fall in the year of Scottish local government or parliamentary elections, the electoral Page 18 of 80
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proceedings may be postponed at the discretion of the Director of Finance & Resources. 3. Renfrewshire Council will administer all elections. The Local Government Election rules shall apply to any election subject to any changes as determined by the Director of Finance & Resources to facilitate the conduct of the election. 7.3 Returning Officer The Council will appoint an Independent Returning Officer. The Independent Returning Officer must not be a current member of that community council nor intending to stand for election to that community council. 7.4 Nominations 1. Individuals seeking election to a community council require to be nominated by a proposer and seconder, both of whom must be resident in the Community Council areas and appear on the Electoral Register for that area. Nominations required to be submitted with the candidate’s consent. Self-nomination is not permitted. 2. A nomination form must be completed and submitted by each – candidate. Nomination forms require to be submitted by the date set down in the election timetable. No nomination forms submitted after that date will be accepted. . 7.5 Process On the expiry of the period for lodging nominations: 1. Should the number of candidates validly nominated equal or exceed THE MINIMUM, but be less than or equal to the total maximum permitted membership as specified for the community council area in Appendix D of the Scheme, the said candidates will be declared to be elected and no ballot shall be held. 2. Should the number of candidates validly nominated exceed the total maximum permitted membership as specified for the community council area, arrangements for a Poll shall be implemented. At the Poll, residents of the Community Council area shall be entitled to vote for candidates up to the number of vacancies on the community council. The candidate with the most votes shall be elected to the community council then the candidate with the second most votes shall be elected and so on until all vacancies are filled. 3. Should the number of candidates elected, be below THE MINIMUM permitted membership as specified for the community council area, no community council will be established at that time. However, that Page 19 of 80
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does not preclude the local authority from issuing a second call for nominations for a community council area failing to meet the minimum membership requirement within 6 months of the closing date for the registration of the first call for nominations. 7.6 Method of Election Where appropriate, elections will take place across the Renfrewshire Council area at one time, and with regard to the terms of paragraph 7.2.2 above. The Director of Finance & Resources may determine the circumstances to apply to a staged approach to council-wide elections. 7.7 Filling of casual vacancies between elections 1. Casual vacancies on a community council may arise in the following circumstances: (a) when an elected community council member submits her/his resignation; (b) when an elected community council member ceases to be resident within that community council area; or (c) when an elected community council member has his/her membership disqualified (Paragraph 9). 2. Should a vacancy or vacancies arise on a community council between elections, it shall be a requirement that the community council undertake appropriate election arrangements, in consultation with the Council. Filling a vacancy can be undertaken either through the process of an interim election or by co-option. However, should circumstances arise that lead to the number of elected community councillors falling below THE MINIMUM permitted membership the Council shall be informed and shall undertake arrangements for an interim election to be held. 7.8 Co-option to Community Councils 1. Co-opted members must be eligible for membership of the community council as detailed in paragraph 5 of this Scheme. Such co-opted members shall have full voting rights, and will serve until the next round of elections (general and interim). Notice of any proposed co- option of a member should be included on the agenda for the next available meeting of the community council. 2. The number of co-opted members may not exceed a THIRD of the current elected (general and interim) community council membership Should the ratio of co-opted to elected community councillors become greater than one third, due to any circumstances, an interim election process shall be triggered. Page 20 of 80
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7.9 Additional Membership 1. Associate Members Associate members may be appointed by a community council where there may be a need for individuals with particular skills or knowledge. These individuals do not have voting rights. Associate members may serve for a fixed period as determined by the community council or for the term of office of the community council that has appointed them. Associate members may also include representation from other constituted local voluntary organisations. 2. Ex-Officio Members Renfrewshire Councillors, MPs and MSPs whose wards or constituencies fall wholly or partly within the geographical area of the community council area shall be deemed ex-officio members of the community council. Ex-officio members shall have no voting rights on the community council. For the avoidance of doubt, the attendance of any associate or ex- officio member at a meeting of the community council will not count towards the quorum for that meeting. 8. Equalities Recognition should be given to the contribution of everyone participating in the work of the community council. Community councils must comply with Equal Opportunities legislation and ensure that equality of opportunity be given to every participant to have their knowledge, opinion, skill and experience taken into account. 9. Disqualification of Membership 9.1 Members who cease to reside in the community council area will be deemed to have resigned. 9.2 If any member of a community council fails to attend 6 consecutive meetings (where the community council meets monthly) or 3 consecutive meetings (where the community council meeting every 2 months), with or without submitting apologies, the community council shall advise the Director of Finance & Resources and terminate their membership. However, at the discretion of individual community councils, and at the request of the individual member of the community council, a period of leave of absence of up to three consecutive meetings may be granted at any meeting of the community council. Page 21 of 80
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Contact: community-council.cs@renfrewshire.gov.uk 10. Meetings 10.1 The first meeting of a community council following the community council election, will be called by Renfrewshire Council and will take place within 21 days of the date of the election, or as soon as practicable thereafter. The business of that meeting will include adoption of a Constitution and Standing Orders, appointment of office bearers and any outstanding business matters from the outgoing community council. 10.2 The frequency of meetings will be determined by each community council, subject to a minimum of 7 meetings each year (one annual general meeting and 6 ordinary meetings). Standing Orders shall identify the months in which meetings are to take place. The annual general meeting shall be held in OCTOBER each year. 10.3. Each community council will be responsible for arranging a venue for meetings and payment of any fees. 10.4 Every meeting of the community council shall have a quorum of voting members present before the meeting can proceed. The quorum for community council meetings shall be one-third of the current number of members of the community council eligible to vote, or 3 members, whichever is the greatest. 10.5 An outline for the content of business that community councils should adhere to when holding ordinary, special and annual general meetings is contained within Standing Orders. 11. Virtual Meetings 11.1 Community Councils may decide to take an in-person, online or hybrid approach to their meetings, and the platform to be used for any meeting is for the Community Council to decide. 11.2 Virtual meetings may include members of the public where this can be accommodated, but this is not mandatory and for each Community Council to determine. 11.3 Whether or not they are able to attend, proper provision must be made to afford members of the public the opportunity to address the Community Council as set out in the following paragraph. 11.4 An Agenda for the meeting shall be published in the usual way and all Members of the Community Council and members of the public invited, in advance, to submit comments on any Agenda item to the Community Council’s generic email address or by other appropriate means; such views to be considered by the Members dealing with the items of business. Comments may also be submitted during the meeting itself, but the ability to receive comments in advance will assist the Community Council in managing a remote meeting. 11.5 Minutes of the meeting and details of any decisions taken must be recorded, in writing, in the usual way and made publicly available. Video or audio recording of meetings can only take place with the clear consent of all present, such consent to be recorded in the written minutes. 12. Communication with Renfrewshire Council Page 22 of 80
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12.1 In order to facilitate the effective functioning of community councils, the Council has identified that nominated officers in the Committee Services section will provide a liaison service to community councils. 12.2 For the avoidance of doubt, this means that community councils should send the Committee Services section, by the timescales prescribed, all information/documents that are required by Renfrewshire Council/Director of Finance & Resources under the terms of this Scheme. 12.3 The Committee Services section will act as the main point of contact for advice and support to interpret and implement the Scheme, Constitution, Standing Orders and the Code of Conduct for Community Council Members. Contact: community-council.cs@renfrewshire.gov.uk 12.4 Responding to Consultations: Community councils may make representations to the Council, its planning partners, and other public and private agencies, on matters for which that organisation is responsible and which the community council considers to be of local interest. The community council should respond by the timescale and method advised by the agency undertaking the consultation. 12.5 Responding to Planning & Licensing Applications: Community councils receive statutory notice of planning applications and some licensing applications and should respond by the timescale and method set out in the notification. 12.6 Making Enquiries about Renfrewshire Council Services Community councils should send all enquiries about services to: communitycouncilenquiries@renfrewshire.gov.uk Service enquiries will be: logged and tracked; receipt acknowledged within 5 working days; replied to within 10 working days where possible, or otherwise advised (within 10 working days) of an appropriate alternative date for reply should the matter be complex and require detailed investigation 13. Resourcing a Community Council 13.1 The financial year of each community council shall be provided for in the constitution of each community council and shall be from 1 September to 31 August in each succeeding year to allow for the proper submission of independently examined Annual Accounts to the community council’s Page 23 of 80
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annual general meeting in OCTOBER each year. 13.2 The Annual Accounts of each community council shall be independently examined by at least two persons appointed by the community council, who are not members (or related to members) of that community council. A copy of the independently examined Annual Accounts and balance sheet shall be forwarded immediately after the statement is approved at the community council’s annual general meeting, to Renfrewshire Council. The Director of Finance & Resources may require the community council to produce such records, vouchers and account books, as may be required to satisfy the Council that the financial concerns of the community council are in order. 13.3 Each community council shall have the power to secure resources for schemes, projects and all other purposes consistent with its functions. 13.4 Each community council shall be eligible to apply for Council grants for suitable projects under the appropriate grant system. 13.5 The Council will provide an annual administrative grant to community councils to assist with the operating costs of the community council. The level of the administrative grant will be set by the Council. The amount of grant to apply to each community council is detailed in Appendix E. 13.6 The Administration Grant is provided to meet the operational costs listed below. Expenditure under each heading must be recorded in annual accounts. The Director of Finance & Resources will have discretion to approve, on request, any expenditure from the Administration Grant not listed below. The approved list will be reviewed on an annual basis. advertising/general publicity and promotional activities accommodation/lets auditors’ fees bank charges consultation with the community data protection registration insurance IT software/hardware/website construction and maintenance photocopying/printing postage production and circulation of minutes, agenda and annual reports subscriptions telephone costs/ISP costs travel costs 13.7 The Council will review the level of administrative grant and other support to community councils on an annual basis. 13.8 The Committee Services section shall facilitate advice and assistance to community councils and arrange for the establishment of a training programme for community councils on the duties and responsibilities of community council office bearers, the role of community councils, the functions of the local authority and other relevant topics. Page 24 of 80
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13.9 The Council will facilitate regular meetings of Renfrewshire Community Council Forum as a mechanism for community councils to act together. 14. Liability of Community Councils 14.1 Community councils must have in place appropriate Public Liability Insurance. 15. Complaints 15.1 Community Councils should adhere to the Governance, including the Code of Conduct, for Community Councils. However, from time to time, complaints from the general public may be made about Community Councils and individually against Community Councillors. 15.2 If you are dissatisfied or have concerns about the standard of service, actions or lack of action provided by your Community Council or one or more of its members, these can be reported through the Complaints Procedure for Community Councils (see Scheme Appendix G). 16. Suspension of a Community Council 16.1 In the interests of protecting the public, residents, elected members, the Council and its partner agencies from community councils that have demonstrated a major single failure or a series of failures to comply with (i) the Scheme; (ii) the Constitution and/or (iii) the Code of Conduct for Community Councillors, where said failure(s) have not been remedied after being brought to the community council’s attention, the Head of Corporate Governance can take action to suspend a community council and issue notice to that effect. 16.2 Whilst suspended, no meetings of the community council can take place. The community council will revert to the status of a steering group whose main task will be to consider and take such action as is necessary to ensure a re-instated community council can comply with the provisions of the Scheme, Constitution and Code of Conduct for Community Councillors. 16.3 On satisfying the Head of Corporate Governance that the community council will in the future be able to comply with the provisions of the Scheme, the community council will be re-instated by written notice from the Director of Finance & Resources at which time meetings can recommence. 16.4 In the event that a steering group is unable to demonstrate that the community council can comply with the provisions of the Scheme, within a period of three months from the date of suspension, then the Director of Finance & Resources may recommend to Renfrewshire Council that the community council be dissolved. 16.5 However, should the steering group be able to demonstrate sufficient progress towards conforming with the Scheme, to the satisfaction of the Head of Corporate Governance, then the period of suspension can be extended by an additional 3 months and a notice issued by the Head of Page 25 of 80
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Corporate Governance to that effect. 16.6 A summary of community council and Renfrewshire Council expectations is attached as Appendix F. 17. Dissolution 17.1 The terms for dissolution of a community council are contained with the Constitution. 17.2 Should a community council fail to hold a meeting for a period of 3 consecutive prescribed meeting dates, or its membership falls below the prescribed minimum for a period of 3 consecutive prescribed meeting dates (during which time the community council and the local authority have taken action to address the situation), the local authority shall take action to dissolve that community council. 17.3 The Council may take action to dissolve a community council where it is satisfied and can demonstrate a major single failure or a series of failures by a community council to comply with (i) the Scheme; (ii) the community council Constitution; and (iii) the Code of Conduct for Community Councillors, where said failure(s) have not been remedied after being brought to the community council’s attention. CONTACT: All enquiries about the operation of community councils in Renfrewshire or the implementation of this Scheme should be directed to: Committee Services Renfrewshire Council Cotton Street PAISLEY PA1 1TR community-council.cs@renfrewshire.gov.uk Date of Publication: ******** 2025 Page 26 of 80
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Appendix A DRAFT CONSTITUTION FOR COMMUNITY COUNCILS 1. Name The name of the Community Council shall be .....…………..…........ (referred to as “the Community Council” in this document). 2. Area of the Community Council The area of the Community Council shall be as shown on the map attached to Renfrewshire Council’s Scheme for the Establishment of Community Councils. 3. Objectives The objectives of the Community Council shall be: (a) to ascertain, co-ordinate and reflect the views of the community which it represents, to liaise with other community groups within the area, and to fairly express the diversity of opinions and outlooks of the people; (b) to express the views of the community to the local authority for the area to public authorities and other organisations; (c) to take such action in the interests of the community as appears to it to be desirable and practicable; (d) to promote the well-being of the community and to foster community spirit; (e) to be a means whereby the people of the area shall be able to voice their opinions on any matter affecting their lives, their welfare, their environment, its development and amenity. 4. Role and Responsibilities In the discharge of their functions and the conduct of their business, the Community Council and its membership shall have regard to their role and responsibilities as set out in paragraph 3 of the Scheme for the Establishment of Community Councils, approved by Renfrewshire Council, and the Code of Conduct for Members of Community Councils. Page 27 of 80
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5. Membership The Community Council’s membership is as governed by paragraph 5 of the Scheme for the Establishment of Community Councils and as determined from time to time by Renfrewshire Council. 6. Method of Election Election procedures shall be governed by the method of election laid down in paragraph 7 of the Scheme for the Establishment of Community Councils. 7. Casual Vacancies on the Community Council Where a vacancy arises which does not result in the number of members falling below the minimum number as specified in paragraph 5 of the Scheme for the Establishment of Community Councils, and at least 6 months has passed since the last election, the Community Council may, if it considers it to be desirable, agree to:- (a) fill the vacancy (and any other outstanding vacancies) by holding an Interim Election, administered by the Council, on the basis that such vacancies would be publicised, nominations invited and an election held where the number of candidates exceeded the number of places available. (b) fill the vacancy by co-opting a resident in terms of paragraphs 7.7 and 7.8 of the Scheme for the Establishment of Community Councils (c) leave the vacancy unfilled until local public interest is expressed or until the next set of regular elections. 8. Voting Rights of Members of the Community Council The right to vote at any meeting of the Community Council or any committee thereof, shall be held by all members whether elected or co-opted, but not by Associate Members appointed for specific issues on a temporary basis, or ex- officio members. Decisions of the Community Council will be decided by a simple majority of those present and eligible to vote, with the exception of circumstances which may arise under Clause 16 – Alterations to the Constitution and its Clause 17 – Dissolution. In the event of an equality of votes the chairperson shall have a casting vote. 9. Election of Office-Bearers (a) At the first meeting of the Community Council after elections in the year when elections are held and at the Annual General Meeting in OCTOBER in the year when elections are not held, the Community Council shall appoint a Chair, Secretary, Treasurer and other such office-bearers as it shall from time to time decide. Page 28 of 80
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(b) All office-bearers shall be elected for one year, but shall be eligible for re-election, without limitation of time. (c) Without the express approval of Renfrewshire Council, no one member shall hold more than one of the following offices at any one time: Chairperson, Secretary or Treasurer. 10. Committees of the Community Council The Community Council may set up committees and appoint representatives of the Community Council to committees and shall determine their composition, terms of reference, duration, duties and powers. 11. Meetings of the Community Council (a) The quorum for Community Council meetings shall be one-third of the current membership that is eligible to vote, or 3 whichever is the greatest. (b) Once in each year in the month of OCTOBER the Community Council shall convene an annual general meeting for the purpose of receiving and considering the Chairperson’s annual report on the Community Council, the submission and approval of the independently examined annual statement of accounts and the appointment of office bearers. (c) the Community Council shall meet not less than 7 times throughout the year - not less than one AGM and 6 ordinary meetings. (d) Dates, times and venues of regular meetings of the Community Council shall be fixed at the first meeting of the Community Council following ordinary elections and thereafter at its annual general meeting. Special meetings, either called by the Chairperson, or on the request of not less than one-half of the total number of community council members, shall require at least 7 days public notice. Renfrewshire Council’s Director of Finance & Resources has discretion to call a meeting of the Community Council for a specific purpose. (e) Copies of all minutes of meetings of the Community Council and of committees thereof shall be approved at the next ordinary meeting of the Community Council. (f) In accordance with Standing Orders, an agenda (listing business to be discussed) together with a minute of the previous meeting shall be produced and distributed to all members at least 7 days before the date of each meeting. A copy of the agenda and minute must also be submitted to Renfrewshire Council. Page 29 of 80
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(g) The Community Council and its members shall abide by its Standing Orders for the proper conduct of its meetings. (h) The Community Council has a duty to be responsive to the community it represents. Should the Community Council receive a written request (petition), signed by at least 20 persons resident within the Community Council area to convene a special meeting for a particular matter or matters to be debated, it shall call such a meeting within 14 days of receipt of such a request and advertise it in the manner prescribed locally for special meetings called by the Community Council. (i) The Community Council will meet in public and all items of business shall be taken in public. However, in exceptional cases items of business can be taken in private where the community council considers it appropriate to do so. An example of an exceptional case would be where genuinely personal or confidential matters were being discussed such as where the facts of a complaint against a member of the Community Council require to be substantiated. The agenda will state whether the meeting or a part thereof is to be held in private. (j) Outwith regular meetings when urgent responses are required, office bearers can take decisions in the best interests of the Community Council and report on these decisions at the next ordinary meeting. (k) The Community Council will be non sectarian and non political. (l) The Community Council will comply with Equal Opportunities legislation and ensure that equality of opportunity be given to every participant to have their knowledge, opinion, skill and experience taken into account. 12. Virtual Meetings 12.1 Community Councils may decide to take an in-person, online or hybrid approach to their meetings, and the platform to be used for any meeting is for the Community Council to decide. 12.2 Virtual meetings may include members of the public where this can be accommodated, but this is not mandatory and for each Community Council to determine. 12.3 Whether or not they are able to attend, proper provision must be made to afford members of the public the opportunity to address the Community Council as set out in the following paragraph. 12.4 An Agenda for the meeting shall be published in the Page 30 of 80
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usual way and all Members of the Community Council and members of the public invited, in advance, to submit comments on any Agenda item to the Community Council’s generic email address or by other appropriate means; such views to be considered by the Members dealing with the items of business. Comments may also be submitted during the meeting itself, but the ability to receive comments in advance will assist the Community Council in managing a remote meeting. 12.5 Minutes of the meeting and details of any decisions taken must be recorded, in writing, in the usual way and made publicly available. Video or audio recording of meetings can only take place with the clear consent of all present, such consent to be recorded in the written minutes. 13. Public Participation in the Work of the Community Council (a) All meetings of the Community Council and its committees (subject to 11(i), above) shall be open to members of the public. Proper provision is to be made for the accommodation of members of the public and the opportunity should be afforded at each meeting to permit members of the public to address the Community Council, under the guidance of the Chairperson. (b) Notices/Agenda calling meetings of the Community Council and its committees shall be posted prominently within the Community Council area for a minimum period of 7 days before the date of any such meeting, and, where possible, be advertised by other suitable means such as websites and social media. 14. Information to the Local Authority Renfrewshire Council’s Senior Committee Services Officer (Community Council Liaison) shall be sent: • an annual calendar of the Community Council’s ordinary meeting dates, times and venues, which should be agreed at the Community Council’s annual general meeting; • minutes of all meetings; • the annual report, • the annual financial statement; and, • any other such suitable information, as may from time to time be agreed between the Community Council and Renfrewshire Council. When special meetings of the Community Council are to be held, the above officer should be advised of the date, time venue and subject(s) of debate of such meetings, at least 7 days in advance of the meeting date. Page 31 of 80
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15. Control of Finance (a) All monies raised by or on behalf of the Community Council or provided by Renfrewshire Council and other sources shall be applied to further the objectives of the Community Council and for no other purpose. Monies raised from other sources may be used in accordance with the terms of this provision (so long as they are consistent with the objectives of the Community Council), or in the absence of such terms, for the furtherance of the objectives of the Community Council. (b) The annual Administration Grant will be used to meet the cost of the undernoted expenditures and for no other purpose without the approval of the Director of Finance & Resources:- • advertising/general publicity and promotional activities • accommodation/lets • auditors’ fees • bank charges • consultation with the community • registration as a Data Controller with the Information Commissioner’s Office under the provisions of the Data Protection Act; • insurance • IT software/hardware/website construction and maintenance • photocopying/printing • postage • production and circulation of minutes, agenda and annual reports • subscriptions • telephone costs/Internet Service Provider costs • travel costs (c) The Administration Grant (or any portion thereof) shall not be used to provide grant funding to any other body. (d) The treasurer shall undertake to keep proper accounts of the finances of the Community Council, and specifically record all items of spend from the Administrative Grant. (e) Any two of three authorised signatories, who would normally be office- bearers of the Community Council, may sign cheques on behalf of the Community Council. Authorised signatories shall not be co-habitees. (f) A statement of accounts for the last financial year, independently examined by two persons appointed by the Community Council who are not members, relatives of members, or co-habiting with members of the Community Council, shall be submitted to an annual general meeting of the Community Council and shall be available for inspection by members of the public at a convenient location. Page 32 of 80
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(g) The financial year of the Community Council shall be from 1 September to 31 August the following year. Examined accounts as received and approved by the Community Council at the annual general meeting shall be submitted to Renfrewshire Council following approval at the Community Council’s annual general meeting. 16. Title to Property Property and other assets belonging to the Community Council shall be vested in the Chair, Secretary and Treasurer of the Community Council and their successors in these respective offices. 17. Alterations to the Constitution Any proposal by the Community Council to alter this Constitution must be first considered by a meeting of the Community Council and the terms of the proposal to alter the Constitution shall be stated on the notice calling the meeting, which shall be issued not less than 7 days prior to the meeting. Any proposed alterations may not prejudice the terms and objectives contained within the Scheme for the Establishment of Community Councils. If the proposal is supported by two-thirds of the total voting membership of the Community Council and is approved in writing by the local authority, the alteration shall be deemed to have been duly authorised and can then come into effect. 18. Dissolution If the Community Council by a two-thirds majority of the total voting membership decides at any time that it is necessary or advisable to dissolve, it shall agree a date for a public meeting to be held to discuss the proposed resolution to dissolve. It is a requirement that not less than ten days prior to the date of such meeting a public notice be given by means of notification in the local newspaper. If the resolution is supported by a majority of those persons present and qualified to vote and is approved by the local authority, the Community Council shall be deemed to be dissolved and all assets remaining, subject to the approval of the local authority, after the satisfaction of any proper debts or liabilities shall transfer to the local authority who shall hold same in Trust for a future Community Council representing that area. Where for any reason, the number of Community Council members falls below the minimum specified in the Scheme for the Establishment of Community Councils, Renfrewshire Council may, by suspending the Constitution of the Community Council, cause the Community Council to be dissolved. The Council may take action to suspend and then dissolve a community council where it is satisfied and can demonstrate a major single failure or a series of failures by a community council to comply with (i) the Scheme; (ii) the community council Constitution; and (iii) the Code of Conduct for Page 33 of 80
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Community Councils where said failure(s) have not been remedied after being brought to the community council’s attention. In the event that a Community Council is dissolved and twenty or more electors subsequently wish the re-establishment of a Community Council for the area, these electors shall submit a requisition to the local authority in accordance with Section 52(7) of the Local Government (Scotland) Act 1973, on receipt of which the Returning Officer shall arrange for elections to be held in accordance with the Scheme for the Establishment of Community Councils. 19. Approval and adoption of the Constitution This Constitution was adopted by .........……………......................... COMMUNITY COUNCIL, on ......................................................... (Date) Signed: .................................................................................(Chairperson) Signed: .................................................................................. (Member) Signed: .................................................................................. (Member) and was approved on behalf of Renfrewshire Council on .........................(Date) ......................................................... Signed ......................................................... Name ......................................................... Designation Page 34 of 80
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Appendix B DRAFT STANDING ORDERS 1. Meetings (all held in public) (a) Ordinary meetings of the Community Council shall be held in the months of ..................................................... [to be entered]. (b) Special Meetings may be called at any time on the instructions of the Chairperson of the community council on the request of not less than one-half of the total number of Community Council members; or the receipt of a common written request (petition), signed by at least 20 persons, resident within the Community Council area, to convene a special meeting for a particular matter or matters to be debated, it shall call such a meeting. A special meeting shall be held within 14 days of the receipt of the request made to the Secretary of the Community Council. Annual general meetings are held annually. (c) The notice of ordinary and annual general meetings of the Community Council, featuring the date, time and venue, shall be provided to each Community Council member and the local authority’s named official by the Secretary of the Community Council, at least 7 days before the date fixed for the meeting. (d) The Community Council may decide to take an in-person, online or hybrid approach to its meetings, and the platform to be used for any meeting is for the Community Council to decide. (e) Virtual meetings may include members of the public where this can be Accommodated. (f) Whether or not they are able to attend, proper provision must be made to afford members of the public the opportunity to address the Community Council as set out in the following paragraph. (g) An Agenda for the meeting shall be published in the usual way and all Members of the Community Council and members of the public invited, in advance, to submit comments on any Agenda item to the Community Council’s generic email address or by other appropriate means; such views to be considered by the Members dealing with the items of business. Comments may also be submitted during the meeting itself, but the ability to receive comments in advance will assist the Community Council in managing a remote meeting. (h) Minutes of the meeting and details of any decisions taken must be recorded, in writing, in the usual way and made publicly available. Video or audio recording of meetings can only take place with the clear consent of all present, such consent to be Page 35 of 80
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recorded in the written minutes. 2. Minutes Minutes of the proceedings of a meeting of the Community Council shall be drawn up within fourteen days from the date of that meeting, distributed in accordance with paragraph 3 of the Scheme of Community Councils, submitted to the next meeting of the Community Council for approval, and retained for future reference. 3. Quorum A quorum shall be one-third of the current membership eligible to vote (and not less than 3). 4. Order of Business (i) Ordinary Meeting The order of business at every ordinary meeting of the Community Council shall be as follows: - (a) Recording of membership present and apologies received. (b) The minutes of the last meeting of the Community Council shall be submitted for approval. (c) Any other item of business, which the Chairperson has directed, should be considered. (d) Any other competent business. (e) Questions from the floor. (f) Chairperson to declare date of next meeting and close meeting. (ii) Annual General Meeting It will not be uncommon that the Community Council has arranged for an ordinary meeting of the Community Council to begin at the close of the annual general meeting, to enable any outstanding reporting on business matters to be heard; and for Community Council members and members of the public to have an opportunity to bring matters to the attention of the Community Council, possibly for inclusion on a future agenda. The order of business at every annual general meeting of the Community Council shall be as follows: - Page 36 of 80
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(a) Recording of membership present and apologies received. (b) The minutes of the last annual general meeting of the Community Council shall be submitted for adoption. (c) Chairperson’s Annual Report (and questions from the floor). (d) Secretary’s Annual Report (and questions from the floor). (e) Treasurer’s submission of Balance Sheet and Annual Accounts duly independently examined and certified correct (and questions from the floor). (f) Demit of current office bearers/election of office bearers. (g) Chairperson to declare date of next annual general meeting and close meeting. (iii) Special Meeting The order of business at every special meeting of the Community Council shall be as follows: - (a) Recording of membership present and apologies received. (b) Business for debate, as described in the calling notice for the special meeting. (c) Chairperson to close meeting. 5. Order of Debate (a) The Chairperson shall decide all questions of order, relevancy and competency arising at meetings of the Community Council and her/his ruling shall be final and shall not be open to discussion. In particular, the Chairperson shall determine the order, relevancy and competency of all questions from the public in attendance at meetings of the Community Council raised at 4, above. The Chairperson in determining the order, relevance and competency of business and questions shall have particular regard to the relevance of the issue to the community and ensure that the discussion and proceedings are conducted in such a manner that decisions are reached in a democratic manner. The Chairperson shall have the power, in the event of disorder arising at any meeting, to adjourn the Community Council meeting to a time he/she may then, or afterwards, fix. (b) Every motion or amendment shall be moved and seconded. Page 37 of 80
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(c) After a mover of a motion has been called on by the Chairperson to reply, no other members shall speak to the question. (d) A motion or amendment once made and seconded shall not be withdrawn without the consent of the mover and seconder thereof. (e) A motion or amendment which is contrary to a previous decision of the Community Council shall not be competent within six months of that decision. 6. Voting (a) Decisions shall be reached by majority vote. (b) Voting shall be taken by a show of hands of those present and eligible to vote, with the exception that, at an annual general meeting, the election of office bearers may be held by secret ballot. (c) In the event of an equality of votes, the Chairperson of a meeting of the Community Council shall have a casting vote. 7. Alteration of Standing Orders A proposal to alter or add to these Standing Orders may be proposed to Renfrewshire Council at any time by the Community Council provided that notice of motion to that effect is given at the meeting of the Community Council previous to that at which the motion is discussed. Renfrewshire Council shall have final discretion on any proposed change. 8. Committees The Community Council may appoint such committees as it may from time to time decide and shall determine their composition, terms of reference, duration, duties and powers. 9. Suspension of Standing Orders These Standing Orders shall not be suspended except at a meeting at which three-quarters of the total number of Community Council members are present and then only if the mover states the object of his motion and if two-thirds of the Community Council members present consent to such suspension. Page 38 of 80
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Appendix C CODE OF CONDUCT FOR MEMBERS OF COMMUNITY COUNCILS The Code of Conduct for Members of Community Councils is based largely on the Code of Conduct for local authority councillors and relevant public bodies as provided for in The Ethical Standards in Public Life etc (Scotland) Act 2000. As representatives of their local communities, community council members have a responsibility to make sure that they are familiar with, and that their actions comply with, the principles set out in this Code of Conduct. The Code of Conduct and its principles, shall apply to all community council members and those representing the Community Council. These principles are as follows: Service to the Community (Public Service) Selflessness Integrity Objectivity Accountability and Stewardship Openness Honesty Leadership Respect Service to the Community As a community council member you have a duty to act in the interests of the local community which you have been elected or nominated to represent. You also have a duty to act in accordance with the remit of the Council’s Scheme for the Establishment of Community Councils, as set out by Renfrewshire Council under the terms of the Local Government (Scotland) Act 1973. You have a duty to establish and reflect, through the Community Council, the views of the community as a whole, on any issue, irrespective of personal opinion. You should ensure that you are, within reason, accessible to your local community and local residents and make your contact details available to the public. Various mechanisms to allow the general community to express their views, i.e. suggestion boxes, community surveys, opinion polls should, where possible, be made available. Selflessness You have a duty to take decisions solely in terms of the interest of the community that you represent. You must not use your position as a community council member to gain financial, material, political or other personal benefit for yourself, family or friends. Page 39 of 80
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Integrity You must not place yourself under any financial or other obligation to any individual or organisation that might reasonably be thought to influence you in your representation of your community. If you have any private and/or personal interest in a matter to be considered by the Community Council, you have a duty to declare this and if deemed necessary by other members, withdraw from discussions and the decision making process with regard to that matter. You should not accept gifts or hospitality that may be seen to influence or be intended to influence your opinion or judgement. The offer and/or receipt of any gifts, regardless of form, should always be reported to and noted by the Secretary of the Community Council. Objectivity In all your decisions and opinions as a community council member, you must endeavour to represent the overall views of your community, taking account of information which is provided to you or is publicly available, assessing its merit and gathering information as appropriate, whilst laying aside personal opinions or preferences. You may be appointed or nominated by your Community Council to serve as a member of another representative body. You should ensure that this Code of Conduct is observed when carrying out the duties of the other body. You are free to have political and/or religious affiliations; however you must ensure that you represent the interests of your community and Community Council and not the interests of a particular political party or other group. Accountability and Stewardship You are accountable for the decisions and actions that you take on behalf of your community through the Community Council. You must ensure that the Community Council uses its resources prudently and in accordance with the law. Community council members will individually and collectively ensure that the business of the Community Council is conducted according to the Council’s Scheme for the Establishment of Community Councils and this Code of Conduct. Community council members will individually and collectively ensure that annual accounts are produced showing the financial undertakings of the Community Council as set out in the Council’s Scheme for the Establishment of Community Councils. They must also ensure that all resources are used efficiently, effectively and fairly and are used strictly for the purposes of Community Council business and for no other purpose. Minutes of Meetings recording all actions and decisions made should be produced and circulated to all members of the Community Council as soon as possible and not later than 14 days after each meeting. Page 40 of 80
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Any breach of the Council’s Scheme for the Establishment of Community Councils as set out by Renfrewshire Council under the terms of the Local Government (Scotland) Act 1973 may be reported to your local authority to determine what action, if necessary, should be taken. Openness You have a duty to be open about your decisions, actions and representations, giving reasons for these where appropriate. You should be able to justify your decisions and be confident that you have not been unduly influenced by the views and/or opinions of others. If you have dealings with the Media, members of the public, or others not directly involved in your Community Council, you should ensure that an explicit distinction is made between the expression of your personal views and opinions from any views or statement made about or on behalf of the Community Council. Honesty You have a duty to act honestly. You also have an obligation to work within the law at all times. You must declare any private interest relating to your Community Council duties and take steps to resolve any conflicts arising in a way that protects the interest of the community and the Community Council. Leadership You have a duty to promote and support the principles of this Code of Conduct by leadership and example, to maintain and strengthen the community’s trust and confidence in the integrity of the Community Council and its members in representing the views and needs of the local area. You must also promote social inclusion and challenge discrimination in any form. You should act to assist the Community Council, as far as possible, in the interest of the whole community that it serves. Where particular interest groups’ concerns are in conflict with those of other groups or other areas you should help to ensure that the Community Council is aware of them. Respect You must respect fellow members of your Community Council and those that you represent, treating them with courtesy, respect and in a non-discriminatory manner at all times. This should extend to any person, regardless of their position, you have dealings with in your capacity as a community council member. Recognition should be given to the contribution of everyone participating in the work of the Community Council. You must comply with Equal Opportunities legislation and ensure that equality of opportunity be given to every participant to have their knowledge, opinion, skill and experience taken into account. Page 41 of 80
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You should ensure that confidential material, including details about individuals, is treated as such and that it is handled with dignity and discretion and is not used for personal, malicious or corrupt purposes. __________________________________________ Page 42 of 80
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Renfrewshire Council Community Council Administration Grant Appendix D Community Councils 2019 Population 2024 Population 2019 Annual Admin Grant** 2024 Annual Admin Grant ** Minimum members Maximum members £600 + 3p Bishopton 6491 13006 £795 £990.00 10 30 Bridge of Weir 4776 4788 £743 £744.00 7 21 Brookfield 771 788 £623 £623 7 21 Charleston 6113 5061 £783 £752 10 30 Elderslie 6319 7897 £790 £837 10 30 Erskine 15170 13848 £1,055 £1,015 10 30 Ferguslie 4116 4190 £723 £725 7 21 Foxbar & Brediland 13051 13434 £992 £1,003 10 30 Gallowhill 5600 6108 £768 £783 10 30 Glenburn 9291 8353 £879 £851 10 30 Hawkhead & Lochfield 7003 7335 £810 £820 10 30 Houston 6535 6220 £796 £787 10 30 Howwood 1798 1637 £654 £649 7 21 Hunterhill 2698 3301 £681 £699 7 21 Inchinnan 1900 1812 £657 £654 7 21 Johnstone 16084 16089 £1,083 £1,083 10 30 Kilbarchan 3709 3573 £711 £707 7 21 Langbank 1019 895 £631 £627 7 21 Linwood 8685 8394 £861 £852 10 30 Lochwinnoch 3436 3207 £703 £696 7 21 Paisley East & Whitehaugh 8163 9963 £845 £899 10 30 Paisley North 5051 4918 £752 £748 10 30 Paisley West & Central 10452 10450 £914 £914 10 30 Ralston 4770 4623 £743 £739 7 21 Renfrew 22929 23978 £1,288 £1,319 10 30 175930 183868 £20,278 £20,516.00 220 660 *Sources: Census 2022 Population data **Figures have been rounded to the nearest £ Page 43 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 250 500 750 1,000 Metres 1:33,500Scale Community Council : BISHOPTON Page 45 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 250 500 750 1,000 Metres 1:24,500Scale Community Council : BRIDGE OF WEIR Page 46 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 250 500 750 1,000 Metres 1:15,500Scale Community Council : BROOKFIELD Page 47 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 250 500 750 1,000 Metres 1:11,000Scale Community Council : CHARLESTON Page 48 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 250 500 750 1,000 Metres 1:38,000Scale Community Council : ELDERSLIE Page 49 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 250 500 750 1,000 Metres 1:26,500Scale Community Council : ERSKINE Page 50 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 250 500 750 1,000 Metres 1:11,000Scale Community Council : FERGUSLIE Page 51 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 250 500 750 1,000 Metres 1:19,000Scale Community Council : FOXBAR AND BREDILAND Page 52 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 250 500 750 1,000 Metres 1:10,500Scale Community Council : GALLOWHILL Page 53 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 250 500 750 1,000 Metres 1:19,500Scale Community Council : GLENBURN Page 54 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 250 500 750 1,000 Metres 1:15,500Scale Community Council : HAWKHEAD AND LOCHFIELD Page 55 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 250 500 750 1,000 Metres 1:38,000Scale Community Council : HOUSTON Page 56 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 250 500 750 1,000 Metres 1:35,500Scale Community Council : HOWWOOD Page 57 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 250 500 750 1,000 Metres 1:7,500Scale Community Council : HUNTERHILL Page 58 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 250 500 750 1,000 Metres 1:21,000Scale Community Council : INCHINNAN Page 59 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 250 500 750 1,000 Metres 1:20,500Scale Community Council : JOHNSTONE Page 60 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 250 500 750 1,000 Metres 1:25,000Scale Community Council : KILBARCHAN Page 61 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 250 500 750 1,000 Metres 1:24,500Scale Community Council : LANGBANK Page 62 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 250 500 750 1,000 Metres 1:23,000Scale Community Council : LINWOOD Page 63 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 2505007501,000 Metres 1:64,000Scale Community Council : LOCHWINNOCH Page 64 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 250 500 750 1,000 Metres 1:14,000Scale Community Council : PAISLEY EAST AND WHITEHAUGH Page 65 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 250 500 750 1,000 Metres 1:23,500Scale Community Council : PAISLEY NORTH Page 66 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 250 500 750 1,000 Metres 1:11,500Scale Community Council : PAISLEY WEST AND CENTRAL Page 67 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 250 500 750 1,000 Metres 1:14,500Scale Community Council : RALSTON Page 68 of 80
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Ordnance Survey Mapping - © Crown Copyright and database right 2019. All rights reserved. Ordnance Survey Licence number 100023417. I Date: 01/03/2019 User: ptpollockc1 0 250 500 750 1,000 Metres 1:26,000Scale Community Council : RENFREW Page 69 of 80
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Appendix F SUMMARY OF EXPECTATIONS Community Councils are expected: to comply with the requirements of this Scheme and the community council Constitution and Standing Orders; to ensure all community council members adhere to the Code of Conduct; to be representative of all sectors of the community within their area; to organise and conduct meetings in accordance with the Scheme, Constitution and Standing Orders; to conduct at least 6 ordinary meetings and an AGM each year; to produce and distribute an agenda together with a minute of the last meeting at least 7 days prior to each meeting; to prepare and publish annual accounts that have been independently examined; to hold Public Liability insurance; to register, in terms of the Data Protection Act, as a Data Controller with the Information Commissioner’s Office each year; to hold elections to the community council in liaison with Renfrewshire Council; to identify and employ consultation methods that promote engagement with the community; to be non-sectarian, non-Party political and ensure equality of opportunity for all residents; and to immediately advise Renfrewshire Council of any changes to membership. Community Councils that comply fully with this Scheme can expect: to be consulted and make representations on planning applications; to be recognised as a competent body to comment on licensing applications; to be recognised as a member of the appropriate Local Partnership taking forward the aims of Renfrewshire Community Planning Partnership/Community Empowerment Act (or equivalent Council structure); to obtain information, advice, training and support from Renfrewshire Council; to receive an annual administration allowance on submission of independently examined annual accounts (due in October each year); to be recognised as an appropriate body to apply for other Renfrewshire Council funding and to be signposted to sources of funding available from other organisations; and to receive acknowledgment (within 5 working days) and reply (within 10 working days, in general) to enquiries about Council services. Page 71 of 80
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COMMUNITY COUNCIL Appendix G Complaints Procedure INTRODUCTION Community councils must represent all residents in their areas fairly and without prejudice - remaining impartial to Political Party influence and religious bias. The main purpose of a community council is to find out what residents think about the public services they use - and then to pass these views on to Renfrewshire Council and other public bodies. In that way, community councils can help public sector agencies to deliver the right services to the right people at the right time. Community councils are consulted regularly by Renfrewshire Council and its partners on issues that affect their area, such as planning, environment and health. In this capacity, community councils act as the first tier of local democracy – however they are separate, voluntary organisations and are not part of Renfrewshire Council. Community councils also act as a focal point for their communities and often arrange local street events such as gala days and Christmas lights as well as small local improvement projects. You can find out more about where and how community councils operate in the “Scheme for the Establishment of Community Councils” (the Scheme) published by Renfrewshire Council. The Scheme incorporates a Code of Conduct that sets out the standard of behaviour expected of community council members. The Scheme is available online at http://www.renfrewshire.gov.uk/article/2404/Community-councils From time to time complaints are made about community councils or about individual members of a community council. If you are dissatisfied with the action, or lack of action, taken by a community council or are concerned about the conduct of member(s) of a community council, this procedure can be used to address your dissatisfaction and attempt to resolve your complaint. Please read this procedure thoroughly before making a complaint to a community council. Page 73 of 80
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2 WHAT IS A COMPLAINT? A complaint is an expression of dissatisfaction or concern about the operation of the community council; management of meetings; actions or lack of actions by a community council; or the behavior of individual members of a community council. WHO CAN COMPLAIN? Anyone can make a complaint to a community council - usually but not exclusively: if adversely affected by the community council’s decisions/actions or lack thereof; if you witness and believe that the behaviour exhibited by a member(s) when conducting community council business falls short of that set out in the Code of Conduct. You can ask someone else you trust to make a complaint on your behalf. Please ensure that you advise the community council that you have given your consent for the person to act on your behalf. WHAT CAN I COMPLAIN ABOUT? Although not an exhaustive list, the community council will consider complaints about: Behaviour of a community council member when dealing with a community council matter; Failure of a community council to comply with the terms of the Scheme published by Renfrewshire Council; Breach of confidentiality; Misuse of the community council social media accounts, email or letters; and Bringing the community council into disrepute. Your complaint may involve more than one of the above. Page 74 of 80
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3 WHAT CAN’T I COMPLAIN ABOUT? The community council complaints process cannot be used: to complain about a decision made by Renfrewshire Council; to request compensation for a decision a community council has made; to make repetitive, spurious or vexatious complaints about a community council or its members; if you are a member of a community council, to complain about a decision made by the community council with which you disagree; or the conduct of an elected member of Renfrewshire Council who is an ex officio member of a community council. Find out how to make a complaint about an elected member of Renfrewshire Council here: http://www.publicstandardscommissioner.org.uk/make-a-complaint/overview/ HOW DO I COMPLAIN? The community council may be able to resolve your complaint on the spot if you speak directly to a member of the community council when the incidence occurs. Alternatively, you can email or write to the community council – remember to: include your full name and address, including an email address if possible; give as much detail as possible about your complaint (include evidence if available); tell the community council what has gone wrong; advise what you want the community council to do to resolve the matter. Send your complaint to the Secretary of the community council in the first instance; or to the Chairperson; or to the Treasurer; or to any other member of the community council as appropriate. You can find contact details for each community council Secretary and a list of members online at http://www.renfrewshire.gov.uk/article/2404/Community-councils If you would like further advice about submitting a complaint to a community council, please contact community-council.cs@renfrewshire.gov.uk Page 75 of 80
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4 HOW LONG DO I HAVE TO MAKE A COMPLAINT? You must make your complaint as soon as possible and within 3 months of the event occurring. WHAT HAPPENS WHEN I SUBMIT A COMPLAINT? The community council will acknowledge receipt of your complaint, in writing, within 5 days. Thereafter, the nature of your complaint will determine the most appropriate course of action to be taken by the community council. Within 10 days of receipt of your complaint, should your complaint not be accepted, the community council, will write to you explaining why your complaint was not accepted; or, if your complaint is accepted, the community council will either; o offer an apology and explanation, in writing. (See ‘Frontline Resolution’ below); or where a complaint is complex and requires investigation; o advise you, in writing, if an Investigating Panel of members of the community council or an Investigating Panel of members of other community councils in Renfrewshire will handle your complaint. (See ‘Investigating Your Complaint’ below). Frontline Resolution Community councils should aim to resolve all complaints quickly. When appropriate, resolution can often be achieved swiftly by issuing an immediate apology and explanation when something has clearly gone wrong. In such instances, the community council will issue an apology and explanation within 10 days of receipt of your complaint. If appropriate, the response will also set out what it will do to prevent the problem recurring. Thereafter, should you still be unhappy, the community council will arrange for you to meet privately with two office-bearers (or, if appropriate, two other members of the community council) to discuss your complaint. This will provide an opportunity to find out why you remain dissatisfied and what further reasonable action the community council could take to resolve your complaint. Page 76 of 80
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5 The community council will advise you, in writing, within 10 days of the meeting taking place, of any further action it will take to resolve your complaint. Investigating Your Complaint Some complaints are more complex and may include more than one issue that cannot be resolved by Frontline Resolution. The community council will let you know, in writing, within 10 days of receipt of your complaint, whether it will set up an Investigating Panel comprising three members of the community council, or whether it will set up an Investigating Panel comprising three members of other community councils in Renfrewshire. This will depend on the nature of the complaint and will be determined by the community council. The Investigating Panel may call for evidence from all parties concerned before determining your complaint. The community council or members of the community council may be suspended at this point pending the outcome of the investigation. Suspension is not an accusation of guilt, it is to provide all parties with an opportunity to prepare for the investigation. Ideally, investigations will only be carried out by community council members who have undertaken ‘Complaint Handling and Mediation & Conflict Resolution’ training provided by Renfrewshire Council. The Investigating Panel should meet and hear evidence within 30 days of receipt of the complaint and within 10 days thereafter you will be advised in writing of the outcome of the investigation. WHAT HAPPENS IF I’M STILL UNHAPPY? If, after all attempts to resolve your complaint are exhausted and you are still unhappy, you can appeal the outcome of stage 1 of the complaints process. You should intimate your wish to appeal the community council’s decision to the undernoted address within 20 days of you being advised of the outcome of the stage 1 investigation. Email: community-council.cs@renfrewshire.gov.uk or Call: 0141 tbc Page 77 of 80
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6 WHAT HAPPENS NEXT? Stage two of the process may deal with three types of complaint: those that have not been resolved at frontline community council resolution; those that are complex and require detailed investigation from the outset; and those that may involve multiple community council office holders or members of a community council which would preclude stage 1 of the process as a suitable and transparent complaints process The Democratic Services Manager, or their representative, will contact the Renfrewshire Community Council Forum to arrange the establishment of a Complaint Investigation Panel. The Complaint Investigation Panel will consist of three members, none of whom will be a member of the community council which the community councillor(s) being complained about is a member. All parties involved in the complaint will be invited to make written submissions to the Panel. The Panel will determine what, if any, further information is required and will undertake such investigations as they consider appropriate to enable them to reach a decision. The Panel should arrange to hold a meeting, in private, with the complainant and any other party within 60 days of receipt of the complaint. Should any party choose not to attend this meeting, the Panel will meet and reach a decision in their absence. Notice of the meeting and the composition of the Panel must be provided to all named parties at least 10 days prior to the meeting The Panel must share all material/evidence submitted with all named parties no later than 5 days before the meeting takes place and no late materials/evidence will be accepted, unless exceptional circumstances for doing so can be cited. The Panel will choose a Chairperson and will then consider the evidence provided by all named parties, invite any further comments from the parties and thereafter decide, by a majority, whether the complaint is upheld, or not upheld, or partially upheld. The Panel process is not a legal process and will be held as informally as possible to allow full participation by all parties. However, it is expected that all participants will act courteously and respectfully to others. Should any party behave in an inappropriate fashion, they will be asked to leave the meeting and the Panel will continue its deliberations in their absence. Page 78 of 80
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7 Where a complaint is not upheld no action will be taken and the meeting will end; or having reached a decision to uphold or partially uphold the complaint, the Panel should advise all parties of their decision, after which all parties should leave the meeting. The Panel will decide, by majority vote, an appropriate course of action and/or any sanctions to apply. The Panel can adjourn and re-convene if necessary. The Chairperson must advise, in writing, all parties of the decision and any outcome within 10 days of the Panel meeting. The community council at its next meeting should inform members that a complaint was received and how it was resolved. The complaint can be recorded in the minute without naming any of the parties involved, unless a member(s) is suspended, resigns or is expelled. Please note, only after all parties have received the Chairperson’s letter detailing the outcome of the Panel’s deliberations, can a copy of the decision letter be made available by the Panel to the community council for its records. STAGE TWO POSSIBLE OUTCOMES Where the complaint is in relation to a Community Council/Councillor’s behaviour or actions, the following actions may be considered: Offer to provide guidance/training/mentoring Suspension from Community Council meetings and activities for a period of time to be agreed by the majority of the Panel Censure of behaviour and issue a written warning to behave in accordance with the Code of Conduct appended to the Scheme for the Establishment of Community Councils In serious cases, expulsion of a member from the community council, if approved by the panel’s unanimous vote. APPEAL There is no right of appeal against the Investigating Panel’s decision. Page 79 of 80
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