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Argyll and Bute Council · 4 March 2025
Back to Community Council Conduct Review Panel — 4 March 2025 and its agenda

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Page 1

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)