COUNCIL

At the Statutory Meeting of West Dunbartonshire Council held in the Council Chambers, Council Offices, Garshake Road, Dumbarton on Wednesday, 16 May 2012 at 2.00 p.m.

Present: Councillors Denis Agnew, George Black, Jim Bollan, Jim Brown, Gail Casey, Jim Finn, William Hendrie, Douglas McAllister, David McBride, Jonathan McColl, Patrick McGlinchey, Marie McNair, John Millar, John Mooney, Ian Murray, Lawrence O’Neill, Thomas Rainey, Gail Robertson, Martin Rooney, Kath Ryall, Hazel Sorrell and Michelle Stewart.

Attending: Joyce White, Chief Executive; Angela Wilson, Executive Director of Corporate Services; Terry Lanagan, Executive Director of Educational Services; Elaine Melrose, Executive Director of Housing, Environmental & Economic Development; Keith Redpath, Director of West Dunbartonshire Community Health & Care Partnership; Andrew Fraser, Head of Legal, Democratic & Regulatory Services; Lorraine Coyne, Head of Audit, Performance & Strategic Planning; Stephen West, Head of Finance & Resources; and Christine McCaffary, Senior Democratic Services Officer.

WELCOME

The Chief Executive welcomed everyone present to the Statutory Meeting of West Dunbartonshire Council.

DECLARATIONS OF INTEREST

No declarations of interest were declared.

ELECTION OF PROVOST

The Chief Executive invited the Council to consider the election of the Provost of West Dunbartonshire Council.

Councillor Rooney, seconded by Councillor McGlinchey, moved that Councillor Douglas McAllister be elected to the post.

The Council agreed unanimously that Councillor McAllister be elected as Provost of West Dunbartonshire Council.

At this point Provost McAllister left the meeting and returned bearing the Provost’s Chain of Office. Provost McAllister thanked the Council for granting him the privilege of holding the office of Provost, stating that it was his intention to carry out his duties to the highest standard and with probity for the benefit of the whole of West Dunbartonshire. He also paid tribute to the former Provost, Councillor Denis Agnew, acknowledging the efficient way in which he had carried out his duties and his achievements for West Dunbartonshire over the last 5 years.

Provost Douglas McAllister in the Chair

LOCAL GOVERNMENT ELECTIONS – 3 MAY 2012

A report was submitted by the Returning Officer informing of the results of the local government elections for West Dunbartonshire Council held on 3 May 2012.

On behalf of the Council, the Provost congratulated and thanked the Returning Officer and all staff involved for the efficient way that the elections and counts were run.

The Council agreed to note the results of the local government elections for West Dunbartonshire Council as detailed in Appendix 1 to these minutes.

ADOPTION OF INTERIM STANDING ORDERS AND FINANCIAL REGULATIONS

A report was submitted by the Executive Director of Corporate Services requesting the Council to adopt the Financial Regulations and, on an interim basis, the Standing Orders used by the Council prior to the elections.

After hearing Councillor McBride, the Council agreed:-

(1) to adopt the existing Financial Regulations and Interim Standing Orders, subject to any revisions in June 2012 and any changes at agenda items 8 and 10 regarding committees and Council spokespersons;

(2) to note that officers had been requested to bring forward a report before the summer recess to detail all options open to the Council to meet the Scottish Housing Quality Standard (SHQS).

ELECTION OF DEPUTE PROVOST

The Provost invited the Council to consider the election of the Depute Provost.

Councillor McGlinchey, seconded by Councillor Casey, moved that Councillor John Millar be elected Depute Provost of West Dunbartonshire.

The Council agreed unanimously.

Councillor Millar thanked the Council for the honour, stating that he would be proud to serve the people of West Dunbartonshire.

ELECTION OF LEADER OF THE COUNCIL AND DEPUTE LEADER OF COUNCIL

The Provost invited the Council to consider the election of the Leader of Council and Depute Leader of Council.

Councillor McBride, seconded by Councillor Millar, moved that Councillor Martin Rooney be elected Leader of the Council and Councillor Patrick McGlinchey be elected as Depute Leader of the Council.

The Council agreed unanimously.

TIMETABLE OF COUNCIL AND COMMITTEE MEETINGS AND MEMBERSHIPS

A report was submitted by the Executive Director of Corporate Services proposing a timetable of Council and Committee meetings to June 2012 and requesting consideration of Committee memberships.

Councillor McBride, seconded by Councillor McGlinchey, moved:-

Council agrees the interim timetable, with the exception that the June Council meeting is brought forward to Wednesday 20 June, and the Council meeting in June is moved to the Council HQ at Garshake.

Council also agrees the interim Committee structure subject to any recommended changes in June, as detailed in Appendix 2 to these minutes.

Following a request from Councillor Bollan, the Provost agreed to a 5 minute recess to allow Members to consider the proposed Committee memberships.

The meeting reconvened at 2.10 p.m. with all the Members on the sederunt in attendance.

As an amendment, Councillor McColl, seconded by Councillor Bollan, moved:-

That Council agrees the Labour motion, however, the political make up of the committees will be as follows:-

Committees of 8 members: 5 Labour, 2 SNP, 1 Other Committees of 10 members: 6 Labour, 3 SNP, 1 Other (or 2 SNP, 2 Other where requested by Other) Committees of 12 members: 7 Labour, 3 SNP, 2 Other Committees of 14 members: 8 Labour, 4 SNP, 2 Other

Also, in terms of the Audit & Performance Review Committee (no delegated powers), the Opposition should have a majority in order to enable the Opposition to properly scrutinise. As such it will comprise 4 SNP, 3 Labour, 1 Other.

On a vote being taken, 10 Members voted for the amendment and 12 for the motion, which was accordingly declared carried.

APPOINTMENTS TO WORKING GROUPS, OUTSIDE BODIES AND JOINT BOARDS

A report was submitted by the Executive Director of Corporate Services advising the Council of the requirement for appointments to be made to a number of working groups, outside bodies and joint boards.

Councillor Rooney, seconded by Councillor McGlinchey, moved:-

Council agrees the Labour Administration’s nominations to working groups, outside bodies etc., as detailed in Appendix 3 to these minutes, and invites the opposition Councillors to populate the vacant positions.

In addition, Council agrees that COSLA nominations are as follows:-

President: Councillor David O’Neill, North Ayrshire Council.

The Provost agreed to a 5 minute recess to allow Members to consider the nominations proposed by the Administration.

The meeting reconvened at 2.55 p.m. with all the Members on the sederunt in attendance.

As an amendment, Councillor McColl, seconded by Councillor Black, moved that the Council should approve the appointments to working groups, outside bodies etc., as detailed in Appendix 4 to these minutes.

SCHEME OF MEMBERS’ ALLOWANCES AND APPOINTMENT TO SENIOR COUNCILLOR POSTS

A report was submitted by the Chief Executive providing Council with details of the Scheme of Members’ Allowances and inviting Council to identify Senior Councillor posts, agree the appointment of Councillors to these Senior Councillor posts and the allowances to be paid.

Having heard Councillor Rooney, the Council agreed:-

(1) to note that in addition to the Leader and Civic Head, the Council is entitled to appoint a maximum of ten Senior Councillors;

(2) to identify the ten Senior Councillor posts that would each be paid £20,294, and the Councillors appointed to these posts, details of which are shown in Appendix 5 to these minutes;

(3) that the Provost be recognised as the Civic Head of the Council;

(4) to note the rate of allowance to be paid to remaining Members who are not identified as Senior Councillors; and

(5) to delegate authority to the Section 95 Officer to uprate allowances in accordance with Scottish Executive guidance; and

(6) to otherwise note the Scheme of Members’ Allowances and Expenses, the current list of approved duties and that Members have access to a specified pension scheme for Councillors.

MEMBERSHIP OF WEST DUNBARTONSHIRE LOCAL LICENSING FORUM

A report was submitted by the Executive Director of Corporate Services requesting the appointment of Members to the West Dunbartonshire Local Licensing Forum.

The Council agreed:-

(1) to delegate authority to the Clerk to the Licensing Board to approve the appointment of a new representative for persons resident in Clydebank, following a nomination from West Dunbartonshire Community Council Forum;

(2) to approve the possible nomination of a representative of supermarkets;

(3) to note the members of the Forum who were reappointed in March 2012, as detailed in the report; and

(4) to note that in future only new appointments will be reported to the Council.

PROPOSED STANDING LIST OF CONFERENCES

A report was submitted by the Executive Director of Corporate Services seeking approval of a proposed Standing List of Conferences.

The Council agreed:-

(1) to approve the proposed list of Standing Conferences as shown in Appendix 6 of these minutes; and

(2) that, in accordance with the existing practice, powers be delegated to each departmental Executive Director/Chief Executive to authorise, within budgetary limits, the attendance of individual Members at specific conferences, seminars, etc., not on the approved Standing List of Conferences.

EXPENDITURE ON CIVIC EVENTS AND HOSPITALITY

A report was submitted by the Executive Director of Corporate Services seeking approval of the current practice for authorisation of expenditure in relation to civic events.

The Council agreed:-

(1) to note that current arrangements had operated satisfactorily under the previous Council and officers had no concerns about the arrangements continuing; and

(2) to continue with the existing arrangements for authorising expenditure in relation to civic events and hospitality as outlined in paragraph 2.2 of the report.

AFFILIATIONS

A report was submitted by the Executive Director of Corporate Services providing details of organisations to which this Council is affiliated and seeking a decision as to the renewal of these affiliations on an annual basis.

The Council agreed to:-

(1) continue its affiliation to the organisations shown in Appendix 7 to these minutes and authorised officers to renew the annual membership fees, as and when required;

(2) to note that the Scottish Steering Committee of Nuclear Free Authorities should also appear on the list of approved affiliations; and

(2) that all future affiliation requests be referred to the Corporate and Efficient Governance Committee for consideration.

PROTOCOL FOR MEMBER/OFFICER RELATIONS (INCORPORATING GUIDANCE ON MULTI-MEMBER WARDS)

A report was submitted by the Head of Legal, Democratic & Regulatory Services seeking adoption of a Protocol for Members/Officer relations (incorporating guidance on Multi-Member wards).

The Council agreed to adopt the Protocol for Member/Officer Relations (incorporating Guidance on Multi-Member wards), as shown as Appendix 8 to these minutes.

The meeting closed at 3.20 p.m. APPENDIX 1

WEST DUNBARTONSHIRE COUNCIL ELECTION - 3 MAY 2012- RESULTS

WARD 1 – LOMOND NO OF COUNCILLORS TO BE ELECTED - 3

Electorate Turnout % Total Valid Votes Quota 8,958 42.13 3695 924

Candidates Party Status Total votes prior to election or exclusion Jonathan McColl Scottish National Party (SNP) Elected Stage 7 1342 Ronald McColl Scottish National Party (SNP) Excluded Stage 6 647 George Rice Independent Excluded Stage 3 238 Louise Robertson Excluded Stage 2 167 Martin Rooney Party Elected Stage 1 1243 Hazel Sorrell Scottish Labour Party Elected Stage 5 998 Brian McKenzie Walker Scottish Conservative and Unionist Excluded Stage 4 416

Elected to serve for the Lomond Ward:

Jonathan McColl, Martin Rooney and Hazel Sorrell

WARD 2 – NO OF COUNCILLORS TO BE ELECTED - 4

Electorate Turnout % Total Valid Votes Quota 13,186 39.44 5,101 1,021

Candidates Party Status Total votes prior to election or exclusion Jim Bollan Scottish Socialist Party Elected Stage 1 1073 David Jardine Scottish Conservative and Unionist Excluded Stage 4 248 John Millar Scottish Labour Party Elected Stage 1 1622 Gail Robertson Scottish National Party (SNP) Elected Stage 1 1036 May Smillie Scottish National Party (SNP) Excluded Stage 6 549 Michelle Stewart Scottish Labour Party Elected Stage 7 1128 Archie Thomson Independent Excluded Stage 5 459

Elected to serve for the Leven Ward:

Jim Bollan, John Millar, Gail Robertson and Michelle Stewart

WARD 3 – DUMBARTON NO OF COUNCILLORS TO BE ELECTED - 4

Electorate Turnout % Total Valid Votes Quota 12,620 44.37 5,486 1,098

Candidates Party Status Total votes prior to election or exclusion George Black Independent Elected Stage 7 1146 Iain Ellis Independent Excluded Stage 6 465 Cammy Fyfe Scottish Socialist Party Excluded Stage 3 78 David McBride Scottish Labour Party Elected Stage 1 1678 Andrew Muir Independent Excluded Stage 4 106 Ian Murray Scottish National Party (SNP) Elected Stage 7 1130 Sally Page Scottish Conservative and Unionist Excluded Stage 5 241 Thomas Rainey Scottish Labour Party Elected Stage 2 1218 Iain Robertson Scottish National Party (SNP) Not Elected Stage 7 621

Elected to serve for the Dumbarton Ward:

George Black, David McBride, Ian Murray and Thomas Rainey

WARD 4 – KILPATRICK NO OF COUNCILLORS TO BE ELECTED - 3

Electorate Turnout % Total Valid Votes Quota 9005 40.67 3,576 895

Candidates Party Status Total votes prior to election or exclusion Douglas Boyle Scottish Conservative and Unionist Exclude Stage 4 135 Ian Dickson Scottish National Party (SNP) Excluded Stage 5 324 Jim Finn Scottish National Party (SNP) Elected Stage 6 1110 Dawn Fyfe Scottish Socialist Party Excluded Stage 3 53 Walter Graham Independent Not Elected Stage 6 408 Douglas McAllister Scottish Labour Party Elected Stage 1 1717 Lawrence O’Neill Scottish Labour Party Elected Stage 2 1113

Elected to serve for the Kilpatrick Ward:

Jim Finn, Douglas McAllister and Lawrence O’Neill

WARD 5 – CLYDEBANK CENTRAL NO OF COUNCILLORS TO BE ELECTED - 4

Electorate Turnout % Total Valid Votes Quota 11,560 40.35 4,556 912

Candidates Party Status Total votes prior to election or exclusion Denis Agnew Independent Elected Stage 6 955 Jim Brown Scottish National Party (SNP) Elected Stage 1 1201 Douglas Campbell Scottish Conservative and Unionist Excluded Stage 4 104 Patrick McGlinchey Scottish Labour Party Elected Stage 1 1587 Frank McNiff Scottish National Party (SNP) Not Elected Stage 6 564 John Mooney Scottish Labour Party Elected Stage 2 1158 Tom Morrison Communist Party of Britain Excluded Stage 5 119

Elected to serve for the Clydebank Central Ward:

Denis Agnew, Jim Brown, Patrick McGlinchey and John Mooney

WARD 6 – CLYDEBANK WATERFRONT NO OF COUNCILLORS TO BE ELECTED - 4

Electorate Turnout % Total Valid Votes Quota 11,450 39.29 4391 879

Candidates Party Status Total votes prior to election or exclusion Gail Casey Scottish Labour Party Elected Stage 1 1473 William Hendrie Scottish National Party (SNP) Elected Stage 1 1056 Linda Kinniburgh Scottish Conservative and Unionist Excluded Stage 6 142 Ann Lynch Scottish Socialist Party Excluded Stage 5 89 Alastair Manderson Scottish Christian Party “Proclaiming Excluded Stage 4 45 Christ’s Lordship” Jim McElhill Scottish National Party (SNP) Not Elected Stage 7 636 Marie McNair Independent Elected Stage 7 901 Kath Ryall Scottish Labour Party Elected Stage 2 929

Elected to serve for the Clydebank Waterfront Ward:

Gail Casey, William Hendrie, Marie McNair and Kath Ryall. APPENDIX 2 Committee Convenor Labour SNP Others Appeals (12) Tommy Rainey Tommy Rainey 3 members 1 member Kath Ryall Note: all Depute Convenor David McBride members to be Kath Ryall John Millar trained by 1st Patrick McGlinchey October Lawrence O’Neill John Mooney Michelle Stewart Argyll Bute & Gail Casey Gail Casey 2 (1 SNP nil Dunbartonshires Martin Rooney (sub) Member CJP Joint Plus 1 sub) Committee (2) Audit SNP Group Leader Tommy Rainey 3 members 1 member &Performance Lawrence O’Neill including the Review Depute Convenor to John Mooney chair Committee (8) be decided by SNP Martin Rooney Community John Millar John Millar 3 members 1 member Participation Hazel Sorrell (10) Depute Convenor Michelle Stewart Hazel Sorrell John Mooney Kath Ryall Tommy Rainey Corporate Delete this Sub- Delete this Sub- Delete this Delete this Cultural Sub- Committee Committee Sub- Sub- Committee Committee Committee Corporate Kath Ryall Kath Ryall 3 members 1 member Services (12) Patrick McGlinchey Depute Convenor David McBride Patrick McGlinchey Lawrence O’Neill Martin Rooney John Mooney Michelle Stewart Douglas McAllister Education Patrick McGlinchey Patrick 3 members 1 member Services (14) McGlinchey Depute Convenor Michelle Stewart (plus 3 x Michelle Stewart Hazel Sorrell religious reps - John Mooney Church of Martin Rooney Scotland; Kath Ryall Roman Catholic David McBride Church; and John Millar Episcopalian. 2x Tommy Rainey teacher reps; & Gail Casey 2x parent reps) Education Patrick McGlinchey Patrick 2 x SNP nil Grievance & McGlinchey Disciplinary (4) Michelle Stewart Health Delete this Sub- Delete this Sub- Delete this Delete this Improvement & Committee Committee Sub- Sub- Social Justice Committee Committee Partnership (4) Committee Convenor Labour SNP Others Housing, David McBride David McBride 3 members 1 member Environment & Lawrence O’Neill Economic Depute Convenor Gail Casey Development Lawrence O’Neill Kath Ryall Committee (12) John Mooney Michelle Stewart John Millar Tommy Rainey

Joint Michelle Stewart Michelle Stewart 1 member 1 member Consultative Tommy Rainey Forum (7) Depute Convenor Kath Ryall Trades Union David McBride Member (Chair Patrick McGlinchey alternates between Administration & Trades Unions)

Licensing Board John Mooney John Mooney 2 members 1 member (8) John Millar Depute Convenor Gail Casey John Millar Hazel Sorrell Michelle Stewart

Licensing Lawrence O’Neill Lawrence O’Neill 2 members 1 member Committee (8) Douglas McAllister Depute Convenor Tommy Rainey Douglas McAllister John Mooney Patrick McGlinchey Local Patrick McGlinchey Patrick 2 members nil Negotiating McGlinchey Committee for Michelle Stewart Teachers (2) Local Review All members of All members of All members All Body (3) Planning Committee Planning Committee of Planning members Committee of Planning Committee Planning Lawrence O’Neill Lawrence O’Neill 2 members 1 member Committee Douglas McAllister Depute Convenor Gail Casey Douglas McAllister Hazel Sorrell John Mooney David McBride Tommy Rainey

Recruitment (8) Martin Rooney Martin Rooney 2 members nil Patrick McGlinchey Depute Convenor Kath Ryall Patrick McGlinchey Lawrence O’Neill Douglas McAllister Gail Casey

Committee Convenor Labour SNP Others Tendering (8) David McBride David McBride 1 member 1 member Lawrence O’Neill Depute Convenor John Millar Lawrence O’Neill Tommy Rainey Gail Casey John Mooney

Community Gail Casey Gail Casey 2 members nil Health & Care Martin Rooney Partnership Depute Convenor Hazel Sorrell Martin Rooney John Mooney

APPENDIX 3

WORKING GROUPS AND TRUSTS

WORKING GROUP Labour SNP Other Alexander Cross Douglas McAllister Nil Nil Cameron Working Group Lawrence O’Neill (4) John Mooney Gail Casey

Clydebank Asbestos All Clydebank All Clydebank All Clydebank Working Group (8) Councillors Councillors Councillors

Gaul Trust (2) Douglas McAllister Nil Nil John Millar

Member Officer Working Patrick McGlinchey 1 1 member Group on Equality & Hazel Sorrell Diversity (5) John Mooney

Member Officer Working All members All members All members Group - Inspection of Housing Management Services Remedial Plan (22)

West Dunbartonshire David McBride 1 Nil Leisure Trust (3) Kath Ryall

NAME OF ORGANISATION NOMINATIONS INVITED OTHER INFORMATION

Organisation Nominations Invited Nomination Association for Public 1 Kath Ryall Service Excellence Clydebank Independent 3 Kath Ryall Resource Management John Mooney Committee 1 x SNP Clyde Naval Base Local 1 plus 1 substitute Hazel Sorrell Liaison Committee Patrick McGlinchey (sub) Clydebank Housing 1 plus 1 substitute John Mooney Association Ltd 1 x SNP (sub) Clydebank Property 1 Gail Casey Company Clydebank Rebuilt 4 Douglas McAllister Patrick McGlinchey Gail Casey Kath Ryall Convention of Scottish 3 Martin Rooney Local Authorities (COSLA) Patrick McGlinchey David McBride Dalmuir Park Housing 1 Gail Casey Association Dumbarton Senior 4 All Dumbarton Ward Citizens’ Committee Councillors Dunbartonshire 3 Patrick McGlinchey Educational Trust - Michelle Stewart Governors Douglas McAllister Dunbritton Housing 1 Hazel Sorrell Association - Management Committee Glasgow Airport 1 plus 1 substitute Kath Ryall Consultative Committee Gail Casey (sub) Glasgow Airport Flightpath 1 plus 1 substitute Kath Ryall Fund Board Gail Casey (sub) Glasgow Humane Society 1 Douglas McAllister Highland Reserve Forces 1 Douglas McAllister and Cadets Association HMP Barlinnie Prison 2 Hazel Sorrell Visiting Committee 1 x SNP HMP Low Moss Visiting 2 Hazel Sorrell Committee 1 x SNP Knowes Housing 1 Lawrence O’Neill Association (Management Committee) Loch Lomond and The 1 Hazel Sorrell Trossachs National Park Authority Organisation Nominations Invited Nomination Lomond and Clyde Care 2 David McBride and Repair Hazel Sorrell Maid of the Loch Board of 2 Hazel Sorrell Trustees Michelle Stewart Millburn Trust 2 John Millar Michelle Stewart National Association of 22 All elected members Councillors National Association of 2 David McBride Councillors - General Lawrence O’Neill Management Committee Nuclear Free Local 1 Lawrence O’Neill Authorities (Scotland) Road Safety West of 1 David McBride Scotland Group Scotland Excel 1 plus 1 substitute Kath Ryall Patrick McGlinchey (sub) Scottish Councils’ 1 Lawrence O’Neill Committee on Radioactive Substances Scottish Accident 1 Michelle Stewart Prevention Council - Home Safety Committee Scottish Accident 1 Tommy Rainey Prevention Council - Road Safety Committee Scottish Accident 1 Hazel Sorrell Prevention Council - Water & Leisure Scottish Joint Council for 1 Kath Ryall Local Government Employees (SJC) Scottish Joint Negotiating 1 Tommy Rainey Committee for Craft Operatives Scottish Maritime Museum 1 Tommy Rainey Trust Strathclyde Concessionary 1 David McBride Travel Scheme Joint Committee Strathleven Regeneration 2 plus 1 substitute David McBride CIC Tommy Rainey Martin Rooney (sub) The Environment Trust 1 Michelle Stewart Victim Support West 1 Hazel Sorrell Dunbartonshire West Dunbartonshire 1 David McBride Organisation Nominations Invited Nomination Citizens Advice Bureau West Dunbartonshire 2 Hazel Sorrell Sports Council John Mooney West of Scotland 1 plus 1 substitute Douglas McAllister Archaeology Joint John Millar (sub) Committee West of Scotland 1 Patrick McGlinchey European Forum West of Scotland Race 2 Patrick McGlinchey Equality Council Hazel Sorrell

LIST OF JOINT BOARDS/COMMITTEES AND STRATEGIC PARTNERSHIPS REQUIRING NOMINATIONS - MAY 2012

Organisation Nominations Invited Nomination Clyde Valley Community 1 Martin Rooney Planning Partnership Clyde Valley Learning & 1 plus 1 substitute Patrick McGlinchey Development Project Joint Michelle Stewart (sub) Committee Clydebank Waterfront 2 Martin Rooney Strategic Partnership David McBride Board Community Justice 1 plus 1 substitute Gail Casey Authority (North Martin Rooney (sub) Strathclyde) Community Safety 1 David McBride Partnership Dunbartonshire and Argyll 5 plus 5 substitutes Kath Ryall and Bute Valuation Joint Lawrence O’Neill Board Tommy Rainey Michelle Stewart (sub) Hazel Sorrell (sub) John Millar (sub)

SNP to nominate 2 x members and 2 x subs Glasgow and Clyde Valley 2 Douglas McAllister Strategic Development Lawrence O’Neill Planning Authority Greater Glasgow and 1 Martin Rooney Clyde NHS Board Strathclyde Fire and 2 plus 2 substitutes Michelle Stewart Rescue Board Lawrence O’Neill Tommy Rainey (sub) John Millar (sub) Strathclyde Partnership for 1 plus 1 substitute Patrick McGlinchey Transport Hazel Sorrell (sub) Strathclyde Police 2 plus 2 substitutes Lawrence O’Neill Authority John Millar Gail Casey (sub) Douglas McAllister (sub) West Dunbartonshire 3 plus 3 substitutes Martin Rooney Community Planning Lawrence O’Neill Partnership Board Gail Casey Patrick McGlinchey (sub) David McBride (sub) John Millar (sub)

COSLA

Organisation Membership Convention Martin Rooney Patrick McGlinchey David McBride Health and Well-Being Executive Group Gail Casey

Education, Children & Young People Executive Patrick McGlinchey Group

Community Well-being and Safety Executive Group Lawrence O’Neill

Regeneration and Sustainable Development David McBride Executive Group

Resources and Capacity Executive Group Michelle Stewart

Strategic Human Resources Management Kath Ryall Executive Group

Community Safety Executive Group John Millar

SNP Amendment APPENDIX 4 Council agrees the Labour motion subject to the following changes:

Council agrees not to nominate a COSLA President as this is out with our remit and is for COSLA Political Groups to do.

Working Group SNP Proposal Alexander Cross Cameron Working Group 2 Labour, 1 Opp (SNP), 1 Opp (oth) Gaul Trust 1 Labour, 1 Opp (oth) West Dunbartonshire Leisure Trust 1 Labour, 1 Opp (SNP), 1 Opp (oth) Clydebank Independent Resource Management 1 Labour, 1 Opp (SNP), 1 Opp (oth) Committee Clydebank Rebuilt 2 Labour, 1 Opp (SNP), 1 Opp (oth) Dunbartonshire Educational Trust – Governors 1 Labour, 1 Opp (SNP), 1 Opp (oth) (One each from Clydebank, Dumbarton, ) Glasgow Airport Consultative Committee 1 Labour, Sub (1 opposition) Glasgow Airport Flightpath Fund Board 1 Labour, Sub (1 opposition) HMP Low Moss Visiting Committee Members already trained (Councillors George Black and Jim Brown) Lomond and Clyde Care and Repair 1 Labour, 1 opposition Maid of the Loch Board of Trustees 1 Labour, 1 opposition Millburn Trust 1 Labour, 1 opposition NAC – General Management Committee 1 Labour, 1 Opp (SNP) Scotland Excel 1 Labour, Sub (1 opposition) SAPC – Home Safety Committee Councillor George Black Strathleven Regeneration CIC 1 Labour, 1 Opp (SNP), 1 Sub (Opp oth) West Dunbartonshire Sports Council 1 Labour, 1 opposition West of Scotland Archaeology Joint Committee 1 Labour, Sub (1 opposition) West of Scotland Race Equality Council 1 Labour, 1 opposition Clyde Valley Learning & Development Project Joint 1 Labour, Sub (1 opposition) Committee Clyde Waterfront Strategic Partnership Board 1 Labour, 1 opposition Community Justice Authority (North Strathclyde) 1 Labour, Sub (1 opposition) Dunbartonshire and Argyll & Bute Valuation Joint 3 Labour, 1 Opp (SNP), 1 Opp (oth) Board (subs to match) Glasgow and Clyde Valley Strategic Development 1 Labour, 1 opposition Planning Authority Strathclyde Fire and Rescue Board 1 Labour, 1 Opp (SNP) (subs to match) Strathclyde Partnership for Transport 1 Labour, Sub (1 opposition) Strathclyde Police Authority 1 Labour, 1 Opp (SNP) (subs to match) West Dunbartonshire Community Planning 2 Labour, 1 Opp (SNP) (subs to Partnership Board match) COSLA Convention 2 Labour, 1 Opp (SNP) (as per COSLA guidance) APPENDIX 5 APPOINTMENT TO SENIOR COUNCILLOR POSTS and SPOKESPERSONS

Appointment Elected Member Comment Provost Douglas McAllister Depute Provost John Millar Leader of the Council Martin Rooney Depute Leader of the Council Patrick McGlinchey Spokesperson for Social Work & Health Gail Casey Senior Councillor Depute Spokesperson for Social Work & Martin Rooney Health Spokesperson for the Corporate Kath Ryall Senior Councillor Services Department Depute Spokesperson for the Corporate Patrick McGlinchey Services Department Spokesperson for the Housing, David McBride Senior Councillor Environment and Economic Development Department Depute Spokesperson for the Housing, Lawrence O’Neill Environment and Economic Development Department Spokesperson for Educational Services Patrick McGlinchey Senior Councillor Depute Spokesperson for Educational Michelle Stewart Services Convener of Licensing Board John Mooney Senior Councillor Depute Convener of Licensing Board John Millar Chair of the Planning and Licensing Lawrence O’Neill Senior Councillor Committees Depute Chair of the Planning and Douglas McAllister Licensing Committees Chair of Community Participation John Millar Senior Councillor Committee Depute Chair of Community Participation Hazel Sorrell Committee Joint Consultative Forum Michelle Stewart Senior Councillor Chair of Appeals Committee Tommy Rainey Senior Councillor Depute Chair of Appeals Committee Kath Ryall Leader of the Opposition and Chair of SNP nomination Senior Councillor the Audit & Performance Review Committee

APPENDIX 6

Proposed Standing List of Conferences

Department/Conference Delegate (s) Chief Executive’s Department: Leader of Council Cosla Annual Conference Cosla Representatives (as nominated by Council)

Corporate Services Department:

Institute of Revenues, Rating and valuation (IRRV) Committee Convener Scottish Annual Conference and Exhibitions

CIPFA Scottish Conference and Exhibitions Committee Convener

Society of Directors of Personnel Annual Conference Committee Convener

Department of Community Health and Care:

Association of Directors of Social Work (ADSW) WDCH&CP Convener Annual Conference

Department of Educational Services:

Association of Directors of Education Committee Convener

Religious representatives Church Representatives’ Conference on the Education and Lifelong Learning Committee Department of Housing, Environment and Economic Development:

Chartered Institute for Housing (CIH) Annual Convener/Spokesperson Conference

Association of Public Service Excellence (APSE) Convener/Spokesperson Annual Conference

Scottish Local Authority Economic Development Convener/Spokesperson Annual Conference

Association of Service Solutions for Scotland Annual Convener/Spokesperson Conference

APPENDIX 7 List of Affiliations to External Organisations As at April 2012

Summary of Annual Name of Organisation Further information Purpose/Objectives Affiliation Fee

Commonwealth Local To encourage the development Opportunities for collaborative projects £885 Government Forum (CLGF) of democracy at local level in the involving CLGF member Councils do Renewal due spirit of the commitment made by arise in a number of areas which the August 2012 Commonwealth Heads of Forum could explore with the Council Government in 1991 and 1993 depending on the geographical area of and to exchange experience interest. among practitioners through sharing the practice of good Apart from project related work there is governance with countries and also a significant benefit for areas by institutions embarking on the encouraging community cohesion and path to democracy. facilitating staff development.

Convention of Scottish COSLA is the representative COSLA organises various events £74,347 Local Authorities voice of Scottish local throughout the year which are of benefit Renewal due government and also acts as the to every local authority who participates, April 2013 employers’ association on behalf i.e. the Leaders’ Meetings (8 per year); of Scottish councils. the Annual Conference; and the Excellence awards which showcases outstanding quality in service to the public by councils across Scotland.

National Association of To represent and further the The NAC is the only organisation whose £422.40 Councillors (NAC) interests of members of Local agenda is to look after Councillors’ Renewal due Summary of Annual Name of Organisation Further information Purpose/Objectives Affiliation Fee Authorities in the UK and to interests. The Association is May 2012 provide a forum for elected campaigning to restore the balance in members to discuss items of local government by encouraging common interest and exchange younger people, women and ethnic information and ideas. minorities to become Councillors. It has also appointed a National Equality and Diversity Officer to assist with this and other campaigns.

Other services offered are legal advice, education at a reasonable cost and advice to councillors on the facilities their councils provide, i.e. adequate insurance cover and in-house training.

APPENDIX 8 APPENDIX 8 Protocol for Member/Officer Relations (incorporating Guidance on Multi-Member Wards)

May 2012

Why Have a Protocol?

This protocol is a positive tool to aid relations between members and officers.

Its key guiding principles are for officers and members to:

. Work together effectively . Act within the law and the Standing Orders of the Council . Behave with mutual courtesy . Communicate effectively with one another . Adopt a constructive approach to resolving differences and difficulties

The Protocol also sets out to give guidance on what to do when problems occur.

Contents

1. Introduction 2. Who is affected? 3. The Role of Elected Members 4. The Role of Officers 5. Personal Conduct 6. Access to Information and Documents 7. Access to Advice 8. The Council as Employer 9. Monitoring the Performance of Officers 10. Support to Officers 11. Support Services to Members and Party Groups 12. Multi-Member Wards 13. Meetings and Correspondence 14. Media Relations 15. Review of the Protocol 1. INTRODUCTION

1.1 This protocol sets out the way in which members and officers of the Council should behave towards one another. It defines the roles and responsibilities of members and officers. It cannot cover every eventuality, but sets a framework for dealing with issues as they arise.

1.2 The protocol takes account of the Ethical Standards in Public Life (Scotland) Act 2000, and covers the elements contained in the Councillors’ Code of Conduct, (Standards Commission for Scotland – December 2010). It should also be used in conjunction with other existing guidance such as the West Dunbartonshire Council Code of Conduct for Employees and the Council’s Standing Orders.

2. WHO IS AFFECTED?

2.1 The most frequent contacts are between members and senior officers at Chief Executive, Executive Director or Head of Service level, and this protocol is largely about those contacts. There are also many contacts between members and other officers in their daily business, and the principles of this protocol also apply to them. The particular position of officers who provide support services for members is dealt with separately in paragraph 11.

3. THE ROLE OF ELECTED MEMBERS

3.1 Within a Council, members have a number of different roles:

. Some are conveners or spokespersons for specific issues . Most generally belong to political groups . Each has a local ward to represent along with other elected members, involving contact with local groups and providing surgeries for individual constituents . Each may represent the Council in partnership arrangements and on outside organisations.

3.2 Collectively, elected Members also:

. Provide strategic leadership . Determine policy aims and objectives . Take decisions not delegated to officers . Review performance

In all such roles, councillors should act in accordance with the principles of the Code of Conduct for Councillors and this protocol

3.3 The Council and Committees

The main functions of the Council are to:

. Debate and agree policy proposals . Debate and agree budgets . Appoint the members of regulatory and other committees . Make appointments to outside bodies . Provide a forum for debating key issues

Details of remits for the Council and committees are included in the Standing Orders and Scheme of Administration.

It should be noted that under the Local Government (Scotland) Act 1973, functions or decisions cannot be delegated to individual councillors. Thus an individual councillor can never have power to make decisions which bind the Council.

4. THE ROLE OF OFFICERS

4.1 The role of officers is as follows:

. The Chief Executive and Executive Directors are responsible for assisting the Council in the development of its policies and the discharge of its responsibilities. . The Chief Executive and Executive Directors have responsibility for ensuring policy implementation. . The Chief Executive and Executive Directors are responsible for operational management of services. . The Chief Executive has responsibility for providing advice and management and publishing decisions. . The Executive Directors and Service Heads have managerial accountability for their service areas and act as the first point of contact for that service. . Some officers have personal statutory powers and duties, for example the officer designated as Head of Paid Service (Chief Executive), the Monitoring Officer (Head of Legal, Democratic and Regulatory Services) and the Section 95 Officer (currently the Head of Finance and Resources) and the Chief Social Work Officer.

4.2 The following duties will apply to the position of Chief Executive:

. The Chief Executive is the statutory Head of Paid Service and as such will be “responsible for managing and securing the professional body of staff needed to deliver modern, well-focussed service effectively” (DETR, June 2000). . The Chief Executive, as the most senior manager, is the main point of contact for members when difficulties arise; however members should generally raise any problem with the appropriate Executive Director or Head of Service in the first instance. . The Chief Executive, as the Head of Paid Service, will work closely with the Leader of the Council in ensuring policy implementation but will work impartially with all groups and individual members.

4.3 The organisational role of officers has two important dimensions. Some officers have professional skills relevant to a particular organisational task. Others have primarily a managerial responsibility. Many have elements of both in their jobs.

4.4 Officers should also know that they must:

. Pursue lawful policies of the Council . Implement the decisions of Council, committees and sub-committees . Inform members immediately of any decision that cannot be fully implemented, (senior officers should undertake this task) . Behave in a professional manner . Treat all councillors fairly and openly in their role as local representatives . Serve all members of the Council . Deal with member enquiries efficiently and promptly . Strive continually to comply with the Council’s performance management processes . Maintain political neutrality at all times

4.5 Council officers have an obligation to follow Council policies and to implement the decisions of the Council and its committees even if they have professional misgivings about proposed decisions. The role of officers in that situation is to advise elected members and to voice concerns in giving that advice. An officer will normally have a duty not to implement a Council decision if it is manifestly illegal. In such circumstances, the officer should seek the advice of the Head of Legal, Democratic and Regulatory Services and the Chief Executive.

4.6 Officers’ delegated powers are outlined in the Council’s Standing Orders.

5. PERSONAL CONDUCT

5.1 Courtesy – in line with the Councillors’ Code of Conduct reference to “mutual trust and respect” – it is important that members and officers should behave courteously to one another. None should take unfair advantage of their position.

5.2 Disagreements – should be acknowledged and worked out in private rather that in public view.

5.3 Close personal friendships – personal friendships between individual councillors and officers can also damage good relationships and prove embarrassing to other councillors and officers. Councillors and employees should, therefore, be cautious in developing close personal friendships while they have an official relationship. 5.4 Constructive criticism – members have the right to make reasonable and constructive criticism of the work of officers. Members should remember that officers cannot respond to personal criticisms of themselves or other officers in the same way that politicians can and should make their comments accordingly. In accordance with the Code of Conduct for Councillors, Councillors should not raise matters relating to the conduct or capability of employees in public. Employees must accord to councillors the respect and courtesy due to them in their various roles.

5.5 Lines of accountability – members must be aware of the lines of accountability within departments. They must not apply pressure to an officer to act against the instructions of management.

5.6 Decisions delegated to officers – members should not put pressure on an officer on matters which have been delegated for officer decision. Officers should be left to make decisions that are:

. Objective and can be accounted for . Fair and consistent in their applications

See paragraph 4.6

5.7 Undue influence – members should not bring undue influence to bear on an officer to take any action which is contrary to law or against the Council’s approved procedures. This could include action which is:

. A breach of personnel procedures . In conflict with Standing Orders/financial regulations . In conflict with planning procedures and policies . In conflict with Codes of Conduct

5.8 Declaring relationships with constituents – members must declare any relevant close personal relationships with constituents when dealing with council officers. Although members are elected to represent the interests of their constituents, they should not seek special treatment for any individual.

6. ACCESS TO INFORMATION AND DOCUMENTS

6.1 Members are free to request council departments to provide them with information, explanation and advice about that department’s functions, which they may reasonably need in order to help them carry out their roles as members of the Council. Councillors should normally approach the Executive Director or, a Head of Service. This can be for general information about aspects of the department’s activities or specific information on behalf of a constituent.

6.2 Members have certain statutory and common law rights to request and inspect Council documents. The common law rights are wider and more significant than those given by the Access to Information legislation. For instance, papers which contain “exempt information” relating to the categories specified in the Access to Information legislation may fall within the rights of inspection given to councillors by common law.

6.3 Members have a statutory right to inspect any Council document which contains material relating to any business which is to be transacted at a Council. Committee or sub-committee meeting. This extends not only to reports which are to be submitted to the meeting but also to any relevant background papers. This right does not however apply to documents relating to certain items, for example, those which contain exempt information relating to employees, occupiers of Council property, applicants for grants and other services, the care of children, contract and industrial relations negotiations, social work and criminal justice cases, advice from Counsel and criminal investigations.

Members also have a right to get copies of documents under the Freedom of Information (Scotland) Act. Again, there are some exemptions.

6.4 The common law right is based on the principle that any member has a right to inspect Council documents if access is reasonably necessary to enable the member to perform his/her duties as a member of the Council – commonly referred to as the “need to know” principle.

6.5 The exercise of this common law right depends upon the member’s ability to demonstrate that he/she has the necessary “need to know”. The crucial question is the determination of the “need to know”. This question must initially be determined by the Executive Director who holds the document in question. In the event of a dispute, the question should be referred to the Chief Executive (taking advice if necessary from Head of Legal, Democratic and Regulatory Services).

6.6 A “need to know”, and therefore a right to inspect, will not exist in relation to:

. A document which forms part of the internal workings of another party group . The working draft of an officer’s report before it has been authorised for circulation to Council or other committee . Personal information covered by the provisions of the Data Protection Act

6.7 In some areas there are specific statutory codes which deal with the treatment of confidential information. This is especially true of Education and Social Work records. At all times, both members and officers must recognise the need to operate within the overall legislative framework surrounding information. There is no automatic right to confidentiality of any communication. In addition, members and officers are required to be aware that the Council is subject to the rigours of the Freedom of Information (Scotland) Act and Environmental Information (Scotland) Regulations and Re- use of Public Sector Information Regulations which require the Council to provide, subject to exceptions, recorded information held by it. Members and officers should be aware of the provisions of the Data Protection Act 1998. If members hold personal information (such as details of constituent enquiries), and most will do so, they will require to be registered under the Data Protection Act.

6.8 Members should not put pressure on officers to provide them with documents to which they have no statutory or common law right or to withhold from other councillors documents to which they have a statutory common law right of access. The advice of the Head of Legal, Democratic and Regulatory Services and the Chief Executive should be sought promptly if there is doubt about whether access should be given.

6.9 If a member is refused information by a Council employee they should be clearly advised as to why they are being refused. If a member is not satisfied by the refusal he should initially raise the issue with the appropriate Executive Director. If a member is not satisfied with the Executive Director’s refusal of information the member can appeal this refusal to the Council’s Chief Executive who may refer this to the Head of Legal, Democratic and Regulatory Services to be dealt with as a Freedom of Information Review. If the Chief Executive/Head of Legal, Democratic and Regulatory Services refuses the request on the basis that it results in the disclosure of personal information under the Data Protection Act, or on the basis that disclosure would be illegal, the member can appeal this refusal to the Freedom of Information Commissioner. Otherwise, if the issue remains unresolved the member can raise a motion at Council to ask Council to be the final arbiter of the issue.

6.10 Both members and officers have access to information which has not yet been made public and is still confidential. It is a betrayal of trust to breach such confidences. Confidential information must never be disclosed or used for personal advantage or to the disadvantage or the discredit of the Council or anyone else. This is a breach of the Councillors’ Code of Conduct.

6.11 In light of the above procedures, members will not normally be expected to request information under the Freedom of Information arrangements.

7. ACCESS TO ADVICE

7.1 Officers provide professional and managerial advice to councillors in a number of settings.

. To the Council, committees, sub-committees and working groups in written reports . To the political leadership . To the party groups . To individual councillors with political roles (committee conveners, departmental spokespersons) . To individual councillors as local members

7.2 Officers within a department are accountable to their Executive Director and Heads of Service and should take this into account when giving advice to elected members.

7.3 In the spirit of informed and co-operative working the Chair of a committee will often be consulted on the preparation of reports. However the ultimate decision on whether to submit a report to Council or committee is one for officers. While employees will wish to listen to the views of conveners the Executive Director will always have final responsibility for the contents of any report submitted in his/her name. The decision on whether to submit a motion to Council is one for an elected member, subject to the provision in Standing Orders which allows the Provost to rule on whether an illegal motion can be admitted. An elected member has the right to submit a motion to the Council or committee which disagrees with the advice and recommendation of an officer. The member should state his or her reasons.

7.4 Committee Chairs

Council spokespersons are recognised as the legitimate spokespersons on their department’s area of responsibility. Where authority is delegated to employees they may wish to consult the relevant spokesperson about the action they propose to take but the responsibility for the final decision remains with the employee who is accountable for it. Spokesperson and Conveners should bear this in mind when discussing proposed action with employees.

7.4.1 Conveners and spokespersons will have many dealing with employees. These employees should always seek to assist a Committee Chair but it must be remembered that they are ultimately responsible to their Executive Director.

7.5 Party Groups and Officers

7.5.1 The Council operates through a system of groups of councillors, based on political affiliation. All employees must, in their dealings with political groups and members, treat them in a fair and even handed manner. Employees must at all times maintain political neutrality.

7.5.2 Officers may properly be called upon to support and contribute to deliberations by party groups on matters of Council business under consideration. This support can be provided in many forms, ranging from a briefing meeting with a spokesperson to a presentation to a full party group meeting. Whilst in practice such support is likely to be in most demand from the group or groups in control of the Council, support is available to all groups. The advice given by employees to different party groups should be consistent.

7.5.3 If attendance at a party group meeting is required, the office bearers of the political group should contact the Chief Executive and outline the type of advice they are seeking. The Chief Executive will decide whether attendance at the meeting is appropriate, and which officer(s) should attend. 7.5.4 Officer support in these circumstances must not extent beyond providing information and advice in relation to matters of Council business. Officers must not be involved in advising on matters of party business and are not expected to be present at meetings or parts of meetings when matters of party business are to be discussed. Officers should be asked to leave meetings when party groups start to discuss and reach conclusions on the information and advice provided.

7.5.5 Officers must respect the confidentiality of any party group discussions at which they are present. It is acknowledged however that factual information upon which any advice is based will, if requested, be available to all political groups.

7.5.6 Special care needs to be exercised if officers are involved in providing information and advice to a party group meeting which includes persons who are not members of the Council. Such persons will not be bound by the Councillors’ Code of Conduct (in particular, the provisions concerning the declaration of interests and confidentiality). For this and other reasons, officers may not be able to provide the same level of information and advice as they would to a meeting where those in attendance are bound by the provisions of the Code. It is open to an officer attending a party group meeting to request that non councillors be absent for the period of their attendance.

7.5.7 Officers must respect the confidentiality of any discussions at which they are present with members. If officers receive information which, although confidential, they have a duty to disclose elsewhere, they must indicate that this is the case.

7.5.8 Conclusions reached at party group meeting do not rank as Council decisions, and it is essential that they are not interpreted or acted upon as such.

7.5.9 Providing information and advice to a party group cannot act as a substitute for providing all necessary information and advice to Council or the relevant committee or sub-committee.

7.5.10 Elected members should recognise that information and advice given by employees should be used to enhance discussion and debate at Council and committee meetings. If such information is used for political advantage, for example media briefings beforehand, then the process could become devalued and place employees in a difficult position in giving information and advice.

7.5.11 The Chair of a political group meeting attended by employees has a responsibility for ensuring that those attending are clear on the status of the meeting and the basis on which employees are attending.

7.5.12 Officers must never allow their own personal or political opinions to interfere with their professional advice. Officers should not take part and members should not ask officers to take part in any activity which could be seen as influencing support for a party. Members should raise with the Chief Executive any concerns about the political neutrality of an officer.

7.5.13 Senior Officers, and other officers providing advice and support services to elected members, are subject to legal rules limiting their political activities outside work.

7.5.14 Should any difficulty of uncertainty arise in the area of employees’ advice to party groups, this shall be raised with the Chief Executive, who should discuss the matter with the group leader.

8. THE COUNCIL AS EMPLOYER

8.1 Officers are employed by the Council and both they and the Council are governed by contracts of employment and the Council’s personnel policies and procedures. The Council has a duty of care towards all of its employees and it is important that this protocol reflects this.

8.2 In making employment decisions, the key principles for elected members to follow are:

. Members involved in appointments of employees must act fairly and openly and judge candidates solely on merit . Members should not gain financially or personally, nor should their families or friends . Members have a duty to declare any private interest, and to protect the public interest . Members should have no involvement in employment or recruitment decisions in which they have a personal interest . In making public appointments or recommending people for rewards or benefits, members must make choices on merit, using objective criteria . Members should be open about, and are accountable for, the decisions they make in the role of employer. However, some employment matters should be dealt with in confidence. . Employment issues are usually dealt with by following written procedures, often agreed with the unions. Members should not do anything to undermine the following of proper procedures.

8.3 Members are collectively responsible when acting as employer and are bound by the complete framework of national and European employment law. However, it must be noted that an individual who commits an act of discrimination on the basis of race, gender or disability can be personally liable. The Council is an equal opportunity employer and members should be guided by this principle in all their relationships with staff.

8.4 In addition, under the Code of Conduct:

. Members must not solicit a job with the Council for any person (but, in appropriate cases, may give them a written testimonial) . Canvassing support for a candidate for a job with the Council disqualifies the candidate from that job

8.5 Members should not become involved in issues relating to individual employees’ pay or terms and conditions of employment, except while serving on a committee delegated to deal with such matters. Panels of members are normally established for Chief Executive and Executive Director appointments, and for certain disciplinary and grievance processes relating to the Chief Executive and Chief Officers. There are Appeals Committees which hear appeals lodged by individual members of staff against certain decisions, such as dismissal.

8.6 In other circumstances, however, members must not become involved in the management of the Council employees and all other disciplinary, capability or grievance processes are officer based decisions. Members should not get involved in the operational management of Council services; this is an officer role. Members must not engage in activities which might undermine the management lines of responsibility or adherence to Council personnel procedures, or try to influence the recruitment process.

8.7 Members will frequently come into contact with representatives of the Joint Consultative Forum (JCF). The remit of the forum is:

. To provide a channel for consultation between the Council and the unions . To discuss significant changes to the Council affecting the welfare or conditions of employment of its employees . To consider any employment policy matter referred to them by the staff side or the Council

8.8 This forum does not have a remit to become involved in matters affecting an individual employee’s terms, conditions and pay and members must observe this remit in their contacts with Trade Union Officials.

8.9 Members must, at all times, adopt a professional approach in their dealings with the Trades Unions and in particular should:

. Avoid giving unauthorised commitments . Take a balanced view of information provided by the Trades Unions along with that of officers . Not allow undue influence to be placed upon themselves

8.10 Likewise, officers must not raise directly with members any personal matter to do with their jobs, or relating to any potential appointment.

8.11 There are restrictions on former elected members’ employment within the Council. A 12 month restriction for former councillors being employed in politically restricted posts and for former councillors who have been directly involved in the appointments process for Council Officers holding politically restricted posts, but the restriction is three months for all other posts. 9. MONITORING THE PERFORMANCE OF OFFICERS

9.1 Members should set the parameters for Council work and then let officers get on with running things as much as possible, whilst guaranteeing that strong monitoring and performance management systems are in place. Members should not be involved in the operational management of Council services.

9.2 Members have a right to criticise reports or the actions taken by officers, but they should always:

. Avoid personal attacks on officers . Ensure that criticism is constructive and well founded . Avoid undermining respect for officers at committee meetings, in any public forum or through the media . Use the agreed grievance procedures (when resolution cannot be achieved through normal lines of communication)

9.3 The Chief Executive, as the statutory appointed Head of Paid Service, is the first point of contact for members regarding organisational and staffing matters. Executive Directors and Heads of Service are the first point of contact in their respective service areas.

9.4 Complaints about officers or Council services should be made to the Executive Director or to the Chief Executive as appropriate. Members have a duty to raise any issues that they have reason to think might involve fraud or corruption of any sort. These issues must, however, be raised through the proper channels.

9.5 The Monitoring Officer is specifically responsible for reporting any proposal, decision or omission by the Council or its officers which causes or is likely to cause:

. A contravention of the law or any code of practice . A maladministration or injustice which could be investigated by the Scottish Public Services Ombudsman

10. SUPPORT TO OFFICERS

10.1 Just as Section 9 of this protocol provides members with a mechanism for criticising the actions or decisions of officers, officers too must have some protection where they feel that members’ expectations are unreasonably demanding or in conflict with managerial instruction or Council policy or procedure. Complaints or concerns should be raised with the appropriate departmental Executive Director, or with the Chief Executive. Officers have the right to make a complaint about a breach of the Councillors’ Code of Conduct to the Standards Commission. While individual councillors have the right to defend any such complaint, pressure must not be put on any officer by Council, its committees or councillors to withdraw or amend the complaint. 11. SUPPORT SERVICES TO MEMBERS AND PARTY GROUPS

11.1 The Council can only lawfully provide support services to members to assist them in discharging their role as members of the Council – secretarial and typing support, stationery, printing, photocopying, transport and such like. Support services must be used only for Council business. The must never be used in connection with party political or campaigning activity or for private purposes. Members should never ask staff to provide improper support.

11.2 The protocols governing the duties of members’ support services staff are as follows:

. They are Council employees and subject to Council contracts of employment, Standing Orders, and staff instructions. As such they cannot be required to breach Council procedure, the terms of their contract of employment or the legal restrictions on them . They are responsible to officers for the conduct of their duties. Any issues about conflicting priorities, conduct or performance must be referred to their line managers . They cannot represent or stand in for members . The existence of members’ services support staff should not detract from normal member/officer relationships

12. MULTI-MEMBER WARDS

12.1 You have a duty to be accessible to all the people of the multi-member ward you have been elected to and to serve their interests conscientiously. However you also have a duty to act in the interests of the Council area as a whole and all the communities served by it, not just those of your own ward or town.

12.2 The introduction of multi-member wards has implications for the co-ordination of constituents’ enquiries. Individual constituents have the right to choose to approach any of the elected members representing their ward.

12.3 When constituents seek contact with local elected members, information should be provided in a consistent manner, leaving the constituent to choose which elected member they wish to contact. Elected members’ names and contact details should be provided in alphabetical order, by surname, along with their political affiliation.

12.4 Where a constituent has not identified a particular councillor to deal with their concerns, officers should contact the constituent to clarify which member they would like to deal with their enquiry.

12.5 If a constituent does not wish to specify a member, the last resort should be to copy the query to all the ward members, with the express permission of the constituent.

12.6 Members within a particular ward may agree among themselves on ways of allocating responsibilities, however the individual constituent has the right to approach the elected member of their choice.

12.7 The relationship between the elected member and constituents is of a confidential nature, therefore the consent of the constituent is required before any information about them or the nature of their query is passed between elected members.

12.8 An elected member may suggest to a constituent passing on their query to another elected member. Such a referral should only be made with the express approval of the constituent who may request that the enquiry be dealt with by the member of their choice.

12.9 There is the possibility that constituents could raise their concerns with more than one elected member, without the elected members knowing this. This could lead to the situation where one officer is dealing with an enquiry without knowing that another officer is also dealing with the same enquiry. To avoid this potential duplication, the Council should ensure that a central record of enquiries is kept.

12.10 All members in a multi-member ward should be kept informed of, and have input to, matters of Council business which affects their wards, including the Provost’s and Leader’s official engagements.

13. MEETINGS AND CORRESPONDENCE

13.1 Both members and officers should take proper account of the time demands each is under when arranging meetings, particularly at short notice.

13.2 Officers should respond to requests for meetings with members with priority but where these are requested at short notice, members should accept that officers may have pre-arranged commitments.

13.3 There is no requirement for officials to invite other ward members to, or notify them about, meetings organised by an individual councillor with that official.

13.4 When councillors initiate a meeting, officers should always ensure that the councillors are given the opportunity to have other ward members attend.

13.5 Whenever a public meeting is arranged by the Council to consider an issue local to a ward, or one or more wards, all ward members should generally be invited to attend that meeting.

13.6 Correspondence between an individual member and an officer should not be copied by an officer to any other member. Where it is necessary to copy the correspondence to another member, this should be made clear to the original member at the time, or the consent of the original member obtained.

13.7 When officers write to or meet with residents regarding matters of general concern in an area, all ward councillors should be sent copies or informed.

13.8 When the Council undertakes a consultative exercise on an issue local to one or more wards, the appropriate officers should generally notify the ward members of the consultation and request their views on the issue.

14. MEDIA RELATIONS

14.1 The Chief Executive in consultation with the Council Leader where appropriate, and the Manager of Corporate Communications, will issue press releases and similar information on behalf of the Council, deal with media enquiries and implement the Council’s Public Relations policies.

14.2 Individual Executive Directors may issue press released and deal with media enquiries in relation to their own service in consultation with the public relations/marketing officers.

14.3 Where a response is required to circumstances which are corporate or “council wide”, the Chief Executive, in consultation with the Council’s Manager of Corporate Communications, will express the views of the authority within the corporate policies agreed by the Council.

15. REVIEW OF THE PROTOCOL

15.1 This protocol will be kept under review and may be amended by the Council from time to time. It will be kept up to date to take into account any future relevant legislation. Any amendments will be communicated to employees and members.

AF/LC April 2012