Agenda item

The Council had before it a report by the Chief Officer - Governance which made a number of recommendations for improvement to the Scheme of Governance following consideration and discussion by the cross-party elected member Governance Reference Group and in response to some outstanding Audit Scotland recommendations.

The report recommended:-

that the Council -

(a)          approve Appendix C, Committee Terms of Reference, with effect from 21 April 2025;

(b)          approve Appendix D, Powers Delegated to Officers, with effect from 17 April 2025, and delegate authority to the Chief Officer - Governance to make any further changes to Appendix 1 of that document necessary to reflect such approval;

(c)          approve Appendix E, Standing Orders for Council, Committee and Sub-Committee Meetings, with effect from 21 April 2025; and instruct the Chief Officer - Governance to report back to the July Council meeting with further proposed revisions concerning meeting structure and motions and amendments for requisitioned meetings, utilising further input from the Governance Reference Group, as described in paragraph 4.3.4;

(d)          approve Appendix F, Financial Regulations, with effect from 21 April 2025;

(e)          approve Appendix G, Procurement Regulations, with effect from 21 April 2025;

(f)           approve Appendix H, Member - Officer Relations Protocol, with effect from 21 April 2025;

(g)          approve Appendix I, General Fund Budget Protocol and Appendix J, Housing Revenue Account Budget Protocol, with effect from 21 April 2025 and instruct the Chief Officer - Governance to schedule an additional meeting of Council to consider the Housing Revenue Account in December of each year;

(h)          note Appendix K, the Councillors’ Accessing Information Procedure Note, and instruct the Interim Chief Officer - Governance to issue and implement the proposed mechanism for elected members to request information from officers, effective from 21 April 2025;

(i)            note that no changes were required to the Local Code of Corporate Governance at this time;

(j)            note the minutes of the Governance Reference Group of 18 October and 22 November 2024, and 22 January, 19 February and 12 March 2025, as contained at Appendix A;

(k)          note the cross-party/independent working groups which were in place, including the addition of a Future Libraries Group, as outlined in paragraph 4.1.4; and

(l)            instruct the Chief Officer - Governance and Chief Officer - People and Citizen Services to put in place a programme of officer and elected member training and development on scrutiny, as outlined in paragraph 4.17.

Councillor Radley moved, seconded by Councillor Greig:-

That the Council approve the recommendations contained in the report, subject to the following amendment to the Standing Orders and additional instruction:

29.4    Motions and amendments submitted in accordance with Standing Order 29.1 will be circulated to all Members (of Council, the Committee or Sub-Committee) by 4pm on the working day prior to the relevant meeting, providing they have been finalised and determined by the Convener to be competent. However, if such motions and amendments are not finalised and determined by the Convener to be competent by the said 4pm deadline, they will not be circulated unless with the consent of the Convener.

And instruct the Chief Officer - Governance to make any other amendments to the Scheme of Governance  which may, in that Chief Officer’s opinion, be necessary to reflect the above amendment.

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

            That Council:- 

2.1      approves Appendix C, Committee Terms of Reference, with effect from 21 April 2025.;

2.2      agrees to take no action in respect of Appendix D, Powers Delegated to Officers, on officer recommendations but to include the following within the delegated powers for Chief Officer - People and Citizen Services, or elsewhere as appropriate within the Scheme of Governance:- One - to approve flexible working requests in accordance with Employment Legislation and the Council’s flexible working policy. Under no circumstances will approval be granted for a post holder to work for the Council whilst residing out with the UK. Two - that all future decisions concerning dismissal and the offer of re-engagement of staff in order to effect a variation in their contractual terms and conditions are reserved for full council and instructs the Chief Officer - Governance to make any other amendments to the Scheme of Governance which may be necessary to reflect this. Three - instruct the Chief Executive to report to Council, on an annual basis, a summary of their achievements that are based on their priorities set by the leader of the council and the Chief Executive’s agreed priorities for the year ahead. Four - agree that in terms of the post holder known as the Monitoring Officer including any depute instructs the Chief Officer - People and Citizen Services that the specification for the job of Monitoring Officer be changed to ensure it is a requirement that the post holder holds an LLB degree;

2.3      regarding Appendix E, Standing Orders for Council, to take no action on officer recommendations;

2.4      approves Appendix F, Financial Regulations, with effect from 21 April 2025;

2.5      approves Appendix G, Procurement Regulations, with effect from 21 April 2025;

2.6      approves Appendix H, Member - Officer Relations Protocol, with effect from 21 April 2025; 

2.7      notes Appendix K, the Councillors’ Accessing Information Procedure Note;

2.8      notes that no changes are required to the Local Code of Corporate Governance at this time;

2.9      notes the minutes of the Governance Reference Group of 18 October and 22 November 2024, and 22 January, 19 February and 12 March 2025, as contained at Appendix A; 

2.10    notes the cross-party/independent working groups which are in place, including the addition of a Future Libraries Group, as outlined in paragraph 4.1.4; and 

2.11    instructs the Chief Officer - Governance and Chief Officer - People and Citizen Services to put in place a programme of officer and elected member training and development on scrutiny, as outlined in paragraph 4.17. 

Councillor Kusznir moved as a further amendment, seconded by Councillor Massey:-

            That the Council -               

1.         Agrees to take no action on any of the recommendations because of the proposed changes to the Scheme of Governance which substantially disempower democratically elected Councillors, while empowering Officers at their expense, and which are considered would ultimately lead to a democratic deficit on Aberdeen City Council.

2.         Believes it unlawful to grant dictator-esque powers to adjourn requisitioned meetings at the sole discretion of the Convener;

3.         Considers it wholly inappropriate to continue with the broad power to make and sign experimental traffic orders given the Administration's bus gates shambles, public opposition to the bus gates and ongoing court proceedings; and

4.         Therefore, with great regret declines to proceed with any of the proposed changes because of the substantive negative effect they would have on the authority and power of Councillors to carry out their role.

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   (11)  -  Councillors Ali, Blake, Bonsell, Graham, Grant, Lawrence, Macdonald, Malik, Thomson, Tissera and Watson. 

For the amendment by Councillor Kusznir  (10)  -  Councillors Boulton, Brooks, Crockett, Cross, Houghton, Kusznir, McLeod, Massey, Nicoll and Mrs Stewart.

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

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

On a division, there voted:-

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

For the amendment by Councillor Malik   (21)  -  Councillors Ali, Blake, Bonsell, Boulton, Brooks, Crockett, Cross, Graham, Grant, Houghton, Kusznir, Lawrence, Macdonald, McLeod, Malik, Massey, Nicoll, Mrs Stewart, Thomson, Tissera and Watson. 

The Council resolved:-

to adopt the motion.