Agenda item

The Council had before it a report by the Interim Chief Officer - Governance  which met the Council’s instruction to report on the operation of the Scheme of Governance annually and make recommendations for improvement. The report also presented the proposed Council Diary for 2025.

 

The report recommended:-

that the Council -

(a)           approve Appendix C, Committee Terms of Reference, with effect from 26 August 2024, notes that a further review will be reported to Council in February 2025 following consideration of committee structures by the Governance Reference Group, and instruct the Interim Chief Officer - Governance to schedule a series of meetings from September for the Group to undertake this review;

(b)           approve Appendix D, Powers Delegated to Officers, with immediate effect, and delegate authority to the Interim Chief Officer - Governance to make any further changes to Appendix 1 of that document which are necessary to reflect such approval;

(c)           approve the revisions to the Standing Orders for Council, Committee and Sub-Committee Meetings as set out in Appendix B, with effect from 26 August 2024;

(d)           approve the revisions to the Financial Regulations as set out in Appendix B, with effect from 26 August 2024;

(e)           approve the revisions to the Procurement Regulations as set out in Appendix B, with effect from 26 August 2024;

(f)             approve Appendix E, Member - Officer Relations Protocol, with effect from 26 August 2024;

(g)           approve Appendix F, the Local Code of Corporate Governance, with effect from 26 August 2024;

(h)           note the minutes of the Governance Reference Group of 20 March, 29 April, 9 May, 29 May, 3 June, 20 June and 2 August 2024, as contained at Appendix A;

(i)             instruct the Interim Chief Officer - Governance to, following consultation with the Co-Leaders, make all other amendments to the Scheme of Governance which are necessary to reflect the decisions taken by the Council at this meeting in relation to this report;

(j)             instruct the Interim Chief Officer - Governance to undertake a comparison of scrutiny models available, to report on these to the Governance Reference Group, including the Convener of the Audit, Risk and Scrutiny Committee, and to make recommendations for enhanced scrutiny within the report on Committee Terms of Reference to be presented to Council in February 2025;

(k)           instruct the Interim Chief Officer - Governance to produce (and update and revise from time to time as necessary) a guidance note for Conveners concerning member behaviour in meetings, such note to include reference to relevant provisions in the Standing Orders, Member - Officer Relations Protocol and Councillors’ Code of Conduct;

(l)             note the current arrangements for cross-party working and that no additional groups are being proposed at this time;

(m)         ratify the appointment of Mr Doug Haywood to the Education and Children’s Services Committee with immediate effect;

(n)           approve the Council Diary for 2025 as contained at Appendix G; and

(o)           consider the information regarding Nuclear Free Local Authorities contained within the report, and at Appendix H, and determines whether to join that organisation.

 

The Council also had before it an additional appendix which set out addendums to the recommendations as follows:-

 

1. Recommendation (b) is replaced with the following (the amendments shown in red):

Approves Appendix D, Powers Delegated to Officers, with immediate effect, with the exception of the changes to Appendix 2 (Scheme of Delegation for dealing with Planning Applications for Local Developments) and the changes to the delegated powers of the Chief Officer - Strategic Place Planning, which two categories of changes the Council agrees shall come into effect immediately upon the changes to Appendix 2 being approved by the Scottish Ministers; and delegates authority to the Interim Chief Officer - Governance to make any further changes to Appendix 1 (Proper Officers and Statutory Appointees) of that document which are necessary to reflect such approvals;

2. The entry in Appendix B (Scheme of Governance Review 2024 - Summary of Proposed Changes) to the above report, relating to proposed Standing Order 2.10, is replaced with the following amended entry (the wording in bold showing the extent of the amendment):

 

REF.	CHANGE	RATIONALE
2.10	The Lord Dean of Guild of the Burgesses of the City and Royal Burgh of Aberdeen attends public parts of meetings of the Council on behalf of the Guildry of Burgesses and is expected to comply with the Councillors’ Code of Conduct.	To mention the Lord Dean.

 

3. The proposed Chief Officer - Governance power in Appendix B and Appendix D (Powers Delegated to Officers) to the above report is replaced with the following amended power (the scored-out wording showing the extent of the amendment):

To make corrections or minor amendments to a trust deed or to amend it as required by law or as required or recommended by the Office of the Scottish Charity Regulator (OSCR), following consultation with the Chief Officer - Finance and any officer who is the lead Council officer in respect of the trust in question, but only where the trust deed relates to a trust in respect of which the Council is sole trustee or the only trustees are elected members of the Council.

with that scored-out wording also deleted where it elsewhere occurs in the Powers Delegated to Officers and the Committee Terms of Reference.

 

 

Councillor Radley moved, seconded by Councillor Greig:-

          That the Council -

(1)       approve the recommendations contained within the report and the addendums, with the exception of the inclusion of ‘public parts of’ in Standing Order 2.10 relating to the Lord Dean of Guild’s attendance at Council meetings, subject to the following:-

(2)       instruct the Interim Chief Officer - Governance to include all members of the Planning Development Management Committee on the rota for the Local Review Body and to have a pool of substitutes who could be used should they be required, subject to the necessary planning training;

(3)       approve that the remainder of the decision made by Full Council on 26 April 2023 in relation to Local Review Body membership remain;

(4)       in relation to Standing Order 16.1, insert the following additional wording as shown in italics; “Subject to Standing Orders 12.14, 16.2 and 16.3 any Member will be entitled to attend any Committee or Sub Committee meeting of which they are not a member and will be entitled to ask questions and address the meeting for a maximum of 5 minutes”;

(5)       in relation to Standing Order 34.1, insert the following additional wording as shown in italics; “Immediately following a vote at Committee or Sub Committee, at least one third of the membership of the Committee or Sub Committee may refer the matter to the Council, a Committee or Sub Committee for a decision (see Glossary for calculation), provided that they state a reason for referral; but subject always to the right of the Convener of the Committee or Sub Committee first mentioned to determine that the matter may not be so referred”; and

(6)       refer to the budget process the decision regarding whether to join the Nuclear Free Local Authorities.  

 

Councillor Malik moved as an amendment, seconded by Councillor Ali:-

          That the Council -

 

2.1  approves Appendix C, Committee Terms of Reference, as amended,  with effect from 26 August 2024, with the addition of amending the remit of the Anti-Poverty and Inequality Committee under External Advisers, add bullet point “1 Trade Union Advisor representing workers in Aberdeen”, notes that a further review will be reported to Council in February 2025 following consideration of committee structures by the Governance Reference Group, and instructs the Interim Chief Officer - Governance to schedule a series of meetings from September for the Group to undertake this review; 

2.2 approves Appendix D, Powers Delegated to Officers, as amended, with immediate effect, and delegates authority to the Interim Chief Officer - Governance to make any further changes to Appendix 1 of that document which are necessary to reflect such approval. 

POWERS DELEGATED TO OFFICERS
References to “officers”, “staff” and “employees” mean those of the Council, except where the context otherwise requires. References to the Lord Provost, the Leader (or Co-Leaders) of the Council, Conveners and other elected members include references to their nominees. For the avoidance of any doubt, such nominees must be elected members of the Council. References to the Leader of the Council include reference to Co- Leaders, if such are appointed. Where consultation with the Leader is required, consultation must take place with the Leader who receives the salary for such position.	Clarification To stop officers from dividing the co leaders

 

Principle 6

The Council shall exercise all its powers and duties in accordance with the law and the Council’s constitutional documents. In particular, the exercise of any power contained within this Powers Delegated to Officers document shall be in accordance with the provisions of the Scheme of Governance and shall be subject to there being sufficient funding available to cover the costs of exercising that power. In exercising such a power, the relevant officers shall have due regard to relevant Council and relevant Integration Joint Board policy. 

In considering the possible exercising of such a power, the relevant officers should be mindful of any potential for political sensitivity or controversy and, where appropriate, must consider consulting with elected members or referring the matter to Council or one of its Committees or Sub-Committees. The officer must keep a record of their decision where doing so would be appropriate as part of good governance. Some of the powers contained herein expressly require consultation with elected members. An officer is under no obligation to use Powers Delegated to Officers.

 

CO - Corp Landlord 22	Following consultation with the Chief Officer - Governance, the Chief Officer - Finance and the Chief Officer - City Development & Regeneration, to alter/waive (in whole or in part) commercial rents in response to economic downturn subject to the Disposal of Land by Local Authorities (Scotland) Regulations 2010 and to report any use of this power to the Finance and Resources Committee.	Requirement for additional consultation.

 

Chief Officer - Corporate Landlord - Proposed to move from Chief Officer - Housing

To grant or decline future applications from organisations to lease Council-owned HRA properties and to report any use of this power to the Communities, Housing and Public Protection Committee

2.3 approves the revisions to the Standing Orders for Council, Committee and Sub- Committee Meetings as set out in Appendix B, as amended, with effect from 26 August 2024; 

STANDING ORDERS 

2.10	The Lord Dean of Guild of the Burgesses of the City and Royal Burgh of Aberdeen attends meetings of the Council on behalf of the Guildry of Burgesses, but must leave the chamber  for the parts of such meetings which are not open to the public.	To mention the Lord Dean.
13.13	Where the Council, a Committee or a Sub-Committee has instructed the bringing of a report to a particular meeting, the relevant Director may postpone same to the next available meeting where the original date cannot be met, provided the relevant Convener has been consulted. The reason for the delay and the later meeting date shall be minuted at the meeting to which the instruction related. Questions to the relevant officer as to the reason for the delay can be asked by Members.	Responds to member feedback and enables Directors to balance the workload pressures on officers with operational demands.

 

29.1	Where a motion and amendments are proposed in relation to a Council, Committee or Sub Committee meeting, Members should provide a copy of the proposed wording to the Clerk as soon as reasonably practicable and, if possible, by 12 noon on the working day prior to the meeting.	To make this timescale mandatory. New Standing Orders proposed at 29.1.1, 29.1.2 and 29.1.3 below to provide greater clarity.
New 29.4 with numbering adjusted thereafter	Motions and amendments submitted in accordance with Standing Order 29.1 and 29.2 will be circulated to all Members (of Council, the Committee or Sub Committee) at least one hour prior to the relevant meeting, providing they have been finalised.	Remove DO NOT ACCEPT as not all motions or amendments will be used until officers have been asked questions and the administration have moved its position. An amendment is against the motion not officers' recommendations.
32.10 - NEW	It is acknowledged that Members may from time to time, at their own discretion, enter arrangements with one another to take account of the situation of Members who are on maternity, paternity, shared parental or adoption leave and who are therefore unable to vote at Council meetings. Such arrangements are not governed by these Standing Orders or any other part of the Council’s Scheme of Governance and will not be monitored or enforced by Council officers.	REMOVE IRRELEVANT TO STANDING ORDERS AS NO STATUTORY BASIS

 

4.2	34.2 Subject to Standing Orders 34.3 and 34.4, should the matter be referred in terms of Standing Order 34.1, the Clerk will then arrange for the matter to be referred to the next ordinary meeting of the Council, or the relevant Committee or Sub Committee, for determination. For referrals to Council, where the next Council meeting is in the opinion of Council the Leader too late for the	To provide greater clarity.

 

	matter to be appropriately dealt with, the matter can instead be considered at a meeting of the Urgent Business Committee. Matters may not be referred to special meetings of the Council, Committees or Sub-Committees.
34.3	Standing Orders 34.1 and 34.2 [Referrals] will not apply to any proceedings relating to:-... 34.3.10 legal matters which would, in the opinion of the Legal Officer be prejudiced or inappropriately interfered with, delayed, or interrupted by such referral.	To reduce the risk of adverse consequences flowing from referrals.
37.2	All Members are bound by the Councillors’ Code of Conduct and are responsible for complying with it at all times, including regulating their own behaviour. Members will also be expected to observe the Member-Officer Relations Protocol. Officers are bound by section 5 of the Ethical Standards in Public Life Etc (Scotland) act 2000 and are expected to a) promote the observance by its councillors of high standards of conduct; and b)assist them to observe the councillors’ code	To respond to Member feedback.

 

2.4 approves the revisions to the Financial Regulations as set out in Appendix B, with effect from 26 August 2024. 

2.5 approves the revisions to the Procurement Regulations as set out in Appendix B, with effect from 26 August 2024. 

2.6 approves Appendix E, Member - Officer Relations Protocol, as amended with effect from 26 August 2024; 

MEMBER/OFFICER PROTOCOL

7.5 As members, we acknowledge that it is the individual responsibility of each member to regulate their own behaviour under the Councillors’ Code of Conduct. We note that it is the role of the Council to support members in doing so. 

8.Trust (Accountability) 

8.7 As officers, we will ensure we are aware of and understand our responsibilities (including ensuring the Council does not issue misleading and false Press Releases) if we hold a politically restricted post. 

2.7 approves Appendix F, the Local Code of Corporate Governance, as amended with effect from 26 August 2024; 

Local code of corporate governance

ADD Core Principle H

Ensure complete transparency when dealing with Elected Member 

1 Trust No more false Press Releases

2 Leadership Officers to agree to meet opposition and not cite being busy as an excuse for not agreeing to meet. Bearing in mind all councillors are equal.

3 Reports to be factual and to represent the council when it comes to appointment for Committees or allowances not just assume it’s a done deal to suit the administration. 

2.8 notes the minutes of the Governance Reference Group of 20 March, 29 April, 9 May, 29 May, 3 June, 20 June and 2 August 2024, as contained at Appendix A; 

2.9 instructs the Interim Chief Officer - Governance to, following consultation with the Co-Leaders, make all other amendments to the Scheme of Governance which are necessary to reflect the decisions taken by the Council at this meeting in relation to this report. 

2.10  instructs the Interim Chief Officer - Governance to undertake a comparison of scrutiny models available, to report on these to the Governance Reference Group, including the Convener and Vice Convener of the Audit, Risk and Scrutiny Committee, and to make recommendations for enhanced scrutiny within the report on Committee Terms of Reference to be presented to Council in February 2025; 

2.11 Delete in its entirety instructs the Interim Chief Officer - Governance to produce (and update and revise from time to time as necessary) a guidance note for Conveners concerning member behaviour in meetings, such note to include reference to relevant provisions in the Standing Orders, Member - Officer Relations Protocol and Councillors’ Code of Conduct. 

2.12 notes the current arrangements for cross-party working and that no additional groups are being proposed currently. 

2.13 ratifies the appointment of Mr Doug Haywood to the Education and Children’s Services Committee with immediate effect. 

2.14 approves the Council Diary for 2025 as contained at Appendix G; and 

2.15 considers the information regarding Nuclear Free Local Authorities contained within the report, and at Appendix H, and determines whether to join that organisation. 

 

 

Councillor Brooks moved as a further amendment, seconded by Councillor Farquhar:-

          That the Council -

 

With Respect to Purpose of Report 1.1

Standing Order 32.10, page 447

1.    Notes that the governance review’s aim was to seek further clarity and relevance of standing orders.

2.    Notes that this new Standing Order 32.10 is neither prescriptive or definitive. It is therefore, not considered a valid Standing Order.

3.    Declines to approve proposed Standing Order 32.10.

 

Furthermore:-

With respect to Purpose of Report 1.2

1.    Notes para 1.2 “Furthermore, the report meets the instruction from Council at its meeting on 7 February 2024 to the Chief Officer - Governance to report back to Council on the implications of joining ‘Nuclear Free Local Authorities’, as a result of the petition that had been received.”

2.    Notes that the Recommendation (para 2.15) does not make a recommendation on whether or not to join.  It states: “considers the information regarding Nuclear Free Local Authorities contained within the report, and at Appendix H, and determines whether to join that organisation.”

3.    Notes that despite NFLA rhetoric portraying the opposite, scientifically, nuclear energy produces hardly any CO2 emissions and is proven to be one of the most, if not the greenest reliable-medium of power generation in the world, producing low-carbon electricity, which is currently responsible for meeting around 20% of our UK electricity demand.

4.    Therefore, within the current context, agrees no further action with respect to joining the NFLA at this time, noting that the annual cost of membership is grossly disproportionate to any perceived benefit to Aberdeen City.

 

There being a motion and two amendments, the Council first divided between the two amendments.

 

On a division, there voted:-

 

For the amendment by Councillor Malik  (10)  -  Councillors Ali, Blake, Bonsell, Crockett, Lawrence, Macdonald, Malik, Thomson, Tissera and Watson.

 

For the amendment by Councillor Brooks  (4)  -  Councillors Boulton, Brooks, Farquhar and McLeod.

 

Declined to vote  (23)  -  Lord Provost; and Councillors Al-Samarai, Allard, Alphonse, Bouse, Hazel Cameron, Clark, Cooke, Copland, Cormie, Davidson, Fairfull, Greig, Henrickson, Hutchison, MacGregor, McLellan, McRae, Mennie, Nicoll, Radley, van Sweeden and Yuill.

 

Absent from the division  (5)  -  Depute Provost; and Councillors Graham, Grant, Kusznir and Massey.

 

The Council then divided between the motion and the amendment by Councillor Malik.

 

On a division, there voted:-

 

For the motion  (24)  -  Lord Provost; and Councillors Al-Samarai, Allard, Alphonse, Boulton, Bouse, Hazel Cameron, Clark, Cooke, Copland, Cormie, Davidson, Fairfull, Greig, Henrickson, Hutchison, MacGregor, McLellan, McRae, Mennie, Nicoll, Radley, van Sweeden and Yuill.

 

For the amendment by Councillor Malik  (10)  -  Councillors Ali, Blake, Bonsell, Crockett, Lawrence, Macdonald, Malik, Thomson, Tissera and Watson.

 

Declined to vote  (3)  -  Councillors Brooks, Farquhar and McLeod.

 

Absent from the division  (5)  -  Depute Provost; and Councillors Graham, Grant, Kusznir and Massey.

 

The Council resolved:-

to adopt the motion.