Printed minutes
Argyll and Bute Council · 4 March 2025
Back to Community Council Conduct Review Panel — 4 March 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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MINUTES of MEETING of COMMUNITY COUNCIL CONDUCT REVIEW PANEL held in the BY MICROSOFT TEAMS on TUESDAY, 4 MARCH 2025 Present: Councillor Kieron Green (Chair) Mary Braithwaite, Secretary of Luing Community Council Councillor Jan Brown Councillor Andrew Kain Kenneth Smith, Secretary of Rosneath and Clynder Community Council Attending: Shona Barton, Governance Manager (Independent Adviser) Katie McKenzie, Committee Services Officer (Minutes) Mr Charles Dixon-Spain, Convener of Colintraive and Glendaruel Community Council Mr David Eaglesham 1. APOLOGIES There were no apologies for absence. 2. DECLARATIONS OF INTEREST Councillor Jan Brown advised that she knew Community Councillor Michael Russell but did not consider that she had a relevant connection which would affect her decision making and as such would remain in the meeting. Community Councillor Kenneth Smith advised that he knew Community Councillor Michael Russell but did not consider that he had a relevant connection which would affect his decision making and as such would remain in the meeting. Community Councillor Mary Braithwaite advised that she knew Community Councillor Michael Russell but did not consider that she had a relevant connection which would affect her decision making and as such would remain in the meeting. 3. COLINTRAIVE AND GLENDARUEL COMMUNITY COUNCIL - COMPLAINT REFERRALS Councillor Green welcomed everyone to the meeting, outlined the procedure which would be followed and ascertained that everyone understood the procedure. Councillor Green invited the complainant to give a summary of the terms of his complaint. The complainant advised that his complaint had been set out fully in his letter of 10 June 2024 regarding the Community Council’s repeated failure to advertise their meetings in advance. He reported that the Community Council did not acknowledge his complaint, and they failed to refer the complaint to the Council’s Community Council Liaison Officer. He advised that there were several points in the Community Council’s response that he wished to address –
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1. It was stated that “The AGM had been included in the meeting schedule at the end of our minutes since the beginning of 2024, all of which we posted in a timely manner and several of which were posted on noticeboards. In other words, the AGM itself was well- trailed for the six months before the June date.”, however the complainant stated he had very rarely seen any notices displayed on noticeboards in the Community Council area. 2. It was stated that “Meeting notices, agendas and minutes have been posted when possible on physical noticeboards (Glendaruel Village Hall, Colintraive Hotel and Colintraive Village Hall)” , however the complainant advised that he attended Glendaruel Village Hall that morning and although there was a notice intimating that a meeting would be held next week there was no agenda and no previous minutes displayed. 3. It was stated that “the CGCC Secretary stood down on the 7th September citing the tone, frequency and content of correspondence received over the past twelve months as being intolerable. This resignation happened after the complainant had behaved aggressively towards CC members at a meeting on 21st August which was convened to discuss local views on recently published plans for the 2025 Argyll Rally”. The complainant advised that he had spoken to the previous secretary who confirmed that the first point regarding his resignation was correct however the second point were not his words and not the reason for his resignation. 4. It was stated that the locations of the noticeboards were Glendaruel Village Hall, Colintraive Village Hall and Colintraive Hotel and that “no councillor lives within 4 miles of any of the noticeboards, and as a community we find the majority do depend on online notifications, with anyone without online access informed by those that have.” However, the complainant advised there was no reason that he could see as to why notices could not be placed in these noticeboards in a timeous manner. 5. It was stated that throughout 2024 the Community Council were struggling with capacity however the complainant did not accept this should stop the advertising of agendas and minutes as that was a requirement of the Community Council. Councillor Green then invited the Community Council representative to provide his response to the complaint. Mr Dixon-Spain stated that capacity had been an issue that the Community Council had faced on a regular basis and while they understood the importance of governance and procedures being adhered to, physically placing paperwork on noticeboards had always been an element they had found difficult. He advised that they had recruited another Community Councillor and were in the process of recruiting a secretary which was a paid position. Mr Dixon-Spain advised that the Community Council post notices of meetings, agendas and minutes online, and the minutes always contain the schedule of meetings. He further advised that the Community Council had not referred the complaint to the Community Council Liaison Officer as they felt they had addressed the issues raised at the time.
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Regarding the resignation of the previous secretary, Mr Dixon-Spain advised that the reasons put forward in their submission was their collective recollection. He stated that the Community Council understood the gravity of the situation but felt that the majority of the community were satisfied with how they carry out their role. He further advised that while they agreed that good governance was critical for Community Councils, they did not think this process had been the best use of their time. Questions Community Councillor Braithwaite asked Mr Dixon-Spain how the Community Council encourage community engagement and share information and he advised that they have a lot of communication with a number of local community groups and a good relationship with the community as a whole. Community Councillor Braithwaite then asked if the website was used for publishing minutes and agendas or were they only posted on Facebook as there appeared to be some minutes missing from the website. Mr Dixon-Spain advised that if there were minutes missing from the website it had been an oversight which he would ensure was rectified following the Hearing. Community Councillor Braithwaite enquired about public attendance at Community Council meetings and Mr Dixon-Spain advised that while they had held meetings where no community members had attended they did see a large number of attendees when discussing big issues. He further advised that when they have appointed a secretary part of their remit would be to explore the use of Zoom for future meetings to allow people to join remotely. Councillor Brown asked if the notification for the meeting on 10 June 2024 had been advertised on the community noticeboards and Mr Dixon-Spain advised that it had been, but not in sufficient time as prescribed by the Standing Orders. Councillor Brown then asked if the Community Council had an email contact list which Mr Dixon-Spain stated they did not, but they would consider utilising that method of communication. Councillor Brown stated that she was familiar with the areas where the noticeboards were situated and enquired why a Community Councillor could not place the notices. Mr Dixon- Spain advised that they recognised that some critical administrative duties were lacking and it was one of the reasons they would be employing a secretary. Councillor Brown enquired if the paperwork for the next meeting had been placed in the noticeboards but Mr Dixon-Spain was unsure and stated he would check with his fellow Community Councillors and ensure they were placed there if they had not already been. Councillor Green asked if the agenda and papers for the next meeting had been published online. Mr Dixon-Spain stated they had not yet been uploaded but he would make the request to have them published as soon as possible. Councillor Green stated that the impression he had was that the Community Council recognised that they have capacity issues but they are doing their best to comply with expectations as much as possible and asked the complainant what his response to that would be. The complainant advised that the fact that the Community Council could not answer the questions about whether the papers had been placed in the noticeboards
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emphasised his point. He stated that these issues go back to before he lodged his complaint, and that the lack of community members at Community Council meetings indicated how the community felt about the Community Council. Mr Dixon-Spain advised that he agreed with Councillor Green’s statement. He stated that the Community Council had limited capacity but were doing their best to address it. Summing Up Mr Dixon-Spain stated he had addressed everything that had been raised by the Panel and advised that the Community Council’s relationship with the community was not what had been portrayed by the complainant. He stated that although they had experienced administrative problems, they had successfully represented the community on a number of issues such as Dunoon Rally, CalMac and the cost of living crisis. The complainant stated that the small number of Community Councillors emphasised the apathy of the community. He advised that he could see no reason why the agenda and minutes could not be displayed in a timeous manner and suggested that members of the community could be willing to place the notices if they were emailed to them. Councillor Green asked both parties if they felt they had received a fair hearing to which both confirmed they had. Debate Councillor Kain stated that it was his view that communities should be able to communicate effectively to avoid situations such as this. He advised he had a degree of sympathy for the complainant as there has been nothing to suggest it would be impossible to display the relevant paperwork in advance of meetings. Community Councillor Braithwaite stated that all Community Councils were extremely busy however engaging with the community should be prioritised. She endorsed the used of an email distribution list to keep the community up to date. Councillor Brown urged the Community Council to ensure they were advertising in accordance with the standing orders to help get the community on board. Community Councillor Smith advised that the volunteer nature of the Community Council roles should be remembered, and that the capacity of the Community Council is vital to be able to function effectively. He stated that in his experience being highly visible on large issues that affect the community would help boost community engagement and encourage participation. Councillor Green reminded the Panel that they were tasked with whether the Community Council, on the balance of probabilities, had failed to comply with and abide by the terms of – • the Scheme for Establishment of Community Councils; • the Constitution and Standing Orders of Colintraive & Glendaruel Community; and • the Code of Conduct for Community Council Members He advised that in terms of the Scheme for Establishment of Community Councils; online publication of papers was acceptable and could be a substitute for physical noticeboards.
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However, it stated that draft minutes must be available within 14 days of a meeting, and agendas must be published at least 7 days in advance. He then stated that from the evidence it appeared that the Community Council had been unable to comply with these rules. Councillor Green advised that he did not believe this had been a deliberate attempt not to comply with the Scheme for Establishment of Community Councils but ratherthat it had been down to the lack of capacity of the Community Council. The Panel were of the view that it would be of benefit for the adherence to these timescales to be monitored and the Independent Adviser noted that this could be taken forward with the Community Council Liaison Officer. The Panel then sought advice from the Independent Advisor as to the options available to them and they were advised that if they determined that the Community Council’s behaviour was in breach of any of the aforementioned documents, the Panel must impose sanction(s) as set out in clauses 13.5.1 to 13.5.3 of the Scheme of Establishment for Community Councils. The Panel noted that on that basis they would have to issue a sanction, but members were of the view it should be the lowest sanction available to them. Decision Having considered the information before them, the Conduct Review Panel:- 1. Agreed that the Community Council had on the balance of probabilities been in breach of the Scheme for Establishment of Community Councils, the Constitution and the Standing Orders of Colintraive and Glendaruel Community Council in respect of the requirement for draft minutes to be published within a period of 14 days; 2. Noted that in their view there had been no deliberate intent in terms of the breaches, recognising the capacity issues which had been outlined by the Community Council in keeping up with their business; 3. Recognised that the Community Council were taking measures to remedy the situation and had given undertakings that they would endeavour to meet the requirements of the Scheme, the Standing Orders and the Constitution; 4. Noted the terms of the Scheme for Establishment in relation to complaints, that where a breach is found a sanction requires to be applied, further noting that the minimum sanction available was a censure as detailed at para 13.5.1 of the Scheme; and 5. Agreed to censure Colintraive and Glendaruel Community Council. (Reference: Report by Independent Adviser to the Conduct Review Panel dated 4 March 2025, submitted)