Item 2

st City Council 1 October 2012

Greater Area Committee

Report by Executive Director of Corporate Services

Contact: Patricia Boyce Ext: 39884

Community Representation

Purpose of Report:

To advise members of the process for co-opted members of Area Committees and update on the current position in relation to the area with an inactive community council.

Recommendations:

The committee is asked to

(1) note the requirements for co-opted members of local authority committees, including compliance with the Councillors’ Code of Conduct; and

(2) agree from which other appropriate representative organisation(s) in the & Brockburn Community Council area that co-opted members be drawn on an interim basis until a community council is established.

Ward No(s): 3 Citywide:

Local member(s) advised: Yes No Consulted: Yes No 1. Background

1.1 The committee recently took the decision to draw community representation from active community councils in the area. The three operational community councils have been invited to nominate a representative to be co-opted on the committee.

1.2 In those areas where there were no active community councils it was agreed that community representation be drawn from other appropriate representative organisations.

1.3 Co-opted members of area committees are required to satisfy conditions laid down by the Local Government () Act 1973, sections 31 and 59, which specifically excludes the following from membership of local authority committees:-

(a) persons employed by the Local Authority or in partnership with someone so employed;

(b) persons currently sequestrated or bankrupt unless caused by misfortune and not misconduct;

(c) within the last 5 years, any person who has served a prison sentence of more than 3 months without having had the option of a fine; or

(d) persons convicted in terms of Part 3 of the Representation of the People Act 1949 (corrupt or improper practices during election proceedings).

2. Councillors’ Code of Conduct

2.1 The Ethical Standards in Public Life etc (Scotland) Act 2000 introduced a new ethical framework for public life in Scotland. As part of this framework, the Standards Commission for Scotland developed a Code of Conduct for Councillors (and associated guidance notes) which came into effect on 1st May 2003. This Code was reviewed and a revised Code came into effect in December 2010.

2.2 Furthermore, the Standards Commission for Scotland also issued guidance to local authorities stating that co-opted members are expected to apply the same high standards of conduct as elected members of the Council. To this end, the Commission advised that co-opted members should comply with the Code of Conduct and this should be a condition of their appointment. 3. Co-option process

3.1 The Committee agreed to draw community representation from other appropriate representative organisations in the area where the community councils is currently inactive.

3.2 The inactive community council is:

Hurlet & Brockburn Community Council

3.3 A list of other appropriate representative community organisations within the Hurlet & Brockburn Community Council area is attached as appendix 1.

4. Council Strategic Plan Implications

Economic Impact: None

Sustainability: None

Financial: None

Legal: None

Personnel: None

Sustainable Procurement None and Article 19:

5. Recommendations

5.1 The committee is asked to

(1) note the requirements for co-opted members of local authority committees, including compliance with the Councillors’ Code of Conduct; and

(2) agree from which other appropriate representative organisation(s) in the Hurlet & Brockburn Community Council area that co-opted members be drawn on an interim basis until a community council is established. Appendix 1

Hurlet & Brockburn Community Council Area – Community Organisations

ORGANISATION AREA

Pollok Tenant Choice (GHA) Hurlet/Brockburn 27 Brockburn Road Pollok G53 5BN

Rosehill Housing Cooperative Hurlet/Brockburn 250 Peat Road Pollok G53 6SA

Sanctuary Housing Association Hurlet/Brockburn Sanctuary House 7 Freeland Drive G53 6PG