Agenda item

With reference to Article 20 of the minute of its meeting of 5 March 2018, the Council had before it a report by the Chief Officer - Governance which considered the operation of the Scheme of Governance one year after approval and made recommendations for improvement.

 

The report recommended:-

that the Council -

(a)          approve Appendix A, the introduction to the Scheme of Governance;

(b)          approve Appendix B, the revised Committee Terms of Reference, with effect from 6 March 2019;

(c)          approve the disestablishment of the Strategic Transformation Committee;

(d)          approve Appendix C, the revised Powers Delegated to Officers, with effect from 6 March 2019, and note that changes to Appendix 2 thereto will require the approval of Scottish Ministers;

(e)          approve Appendix D, the revised Standing Orders for Council, Committee and Sub Committee Meetings, with effect from 6 March 2019;

(f)           approve Appendix E, the revised Financial Regulations, with effect from 6 March 2019;

(g)          approve Appendix F, the revised Procurement Regulations, with effect from 6 March 2019;

(h)          approve Appendix G, the revised Member - Officer Relations Protocol, with effect from 6 March 2019;

(i)            note the progress in the development of Civic Leadership;

(j)            note the progress in the development of an Urban Governance model;

(k)          instruct the Chief Officer - Governance to report to Council on a further review of the Scheme of Governance in March 2020;

(l)            authorise the Chief Officer - Governance, following consultation with the Business Manager, to amend the Committee Terms of Reference as necessary to take account of the decision on the Council Delivery Plan at the Budget meeting on 5 March 2019;

(m)        appoint a member to the vacant position of Depute Provost and agree any changes to the list of Senior Councillor Allowances; and

(n)          consider the invitation to appoint a member to the Board of Community Food Initiatives North East (CFINE).

 

The Council agreed to determine the report at this juncture, with the exception of recommendations (m) and (n) which would be considered separately.

 

Councillor Lumsden moved, seconded by Councillor Boulton:-

That the Council approve the recommendations contained within the report subject to the following amendments:-    

(1)      Committee Terms of Reference - Capital Programme Committee. Reinstate at Remit 1.1 the following amended wording:

“scrutinise the progress and delivery of capital projects against the approved business cases for supporting new capital investments onto the Capital Programme”;

(2)      Powers Delegated to Officers: Chief Officer - Integrated Children’s and Family Services, delete the following:

“7. To determine the dates of local school holidays following consultation with other appropriate local authorities and parents.”;

(3)      to establish a Working Group consisting of the Chief Officer - Corporate Landlord, 6 Headteachers and 4 members of the Education Operational Delivery Committee (2 Administration, 1 Opposition and 1 lay member) to contribute to the development of the School Estate Strategy; and

(4)      to request the Chief Officer - Governance to organise meetings of the Governance Reference Group as required.

 

Councillor Flynn moved as an amendment, seconded by Councillor Yuill:-

            That the Council -

(1)      approve Appendix A (introduction);

(2)      reappoint the Governance Reference Group to advise the Chief Officer - Governance on the preparation of a revised committee structure and all Scheme of Governance documents;

(3)      instruct the Chief Officer - Governance to report to the next meeting of Council on 24 June 2019 with recommendations for a revised committee structure, to include an Education Committee which would include:- (a) powers deriving from those currently held by the Strategic Commissioning Committee and Operational Delivery Committee; and (b) a proposal to appoint a pupil representative to the committee, to be selected by Aberdeen Pupil Voice; and on this basis to instruct the Chief Officer - Governance when identifying dates/times for meetings of the new structure, to consult Group Leaders on the date/time of the Education Committee to ensure that the meetings proposed facilitate the attendance of the Pupil Voice representative at no detriment to their schooling;

(4)      instruct the Chief Officer - Governance to include in the report at (3) above proposals to (a) reinstate the ability of individuals and organisations to apply to be heard as a deputation at any committee which considers a relevant report, including where they have participated in a consultative process; (b) reinstate the right of members to submit written questions to Council on the basis of the previous procedure; (c) reinstate public question time at Council and committee meetings based on previous practice; and (d) allow members to refer planning applications to the Planning Development Management Committee which would otherwise be delegated to officers to determine;

(5)      otherwise approve Appendix B (Committee Terms of Reference) subject to:-

(a)      a workplan being submitted to the first meeting of the Capital Programme Committee in the financial year detailing which capital projects will be assessed in each cycle; and

(b)      the monitoring report proposed to be submitted to the City Growth and Resources Committee on the Transformation Fund being a standalone report;

(6)      approve Appendix C (Powers Delegated to Officers) subject to:-

(a)      no change to General Delegation 34 on participation requests;

(b)      no change to General Delegation 37 on operational and strategic consultations;

(c)       deletion of power 7 at Chief Officer - Integrated Children’s and Family Services regarding determining the dates of local school holidays;

(d)      deletion of the proposed additional power at Chief Officer - Finance 17 on setting fees outwith the budget process;

(e)      deletion of the proposed additional power at Chief Officer - Finance 18 on approving funds from the Transformation Fund for all requests over delegated thresholds, and to require these to be determined by the City Growth and Resources Committee;

(f)        no change to Chief Officer - Organisational Development power 9 on non-material amendments to HR policies;

(g)      deletion of the proposed additional power at Chief Officer - Corporate Landlord 9 on the naming of Council facilities;

(h)      no change to the power at Chief Officer - Corporate Landlord 19 regarding new leases of 21 years and over being submitted to the relevant committee for approval;

(i)        deletion of the existing power at Chief Officer - Corporate Landlord 34 on the sale of Council houses and its replacement by the proposed change to purchase at no greater than market value;

(j)        no change to Chief Officer - Governance power 1 regarding consultation with officers to amend the Scheme of Governance documentation; and

(k)       no change to Appendix 2, definition 1, on timeous objections by Community Councils;

(7)      approve Appendix D (Standing Orders) subject to (a) the determination of the competency of a Notice of Motion for the purposes of placing it on the agenda reverting to the Chief Officer - Governance within Standing Order 12.7; and (b) the amendment of Standing Order 28.14 to allow a member to make minor alterations to their motion or amendment with the consent of their seconder rather than the Convener;

(8)      approve Appendix E (Financial Regulations) subject to any amendment necessitated by the changes proposed above;

(9)      approve Appendix F (Procurement Regulations) subject to any changes necessitated by the changes proposed above;

(10)   approve Appendix G (Member - Officer Relations Protocol);

(11)   note the progress in the development of Civic Leadership;

(12)   note the progress in the development of an Urban Governance model;

(13)   instruct the Chief Officer - Governance to report to the next available Council meeting on options which would allow the Council to more widely consult and involve citizens, businesses and other organisations in Aberdeen during the preparation of future revenue, capital, housing and Common Good budgets;

(14)   does not approve recommendation (l) within the report relating to decisions on the Council Delivery Plan; and

(15)   establish a Working Group consisting of the Chief Officer - Corporate Landlord, 6 Headteachers and 6 members of the Education Operational Delivery Committee (3 Administration, 2 Opposition and 1 lay member) to contribute to the development of the School Estate Strategy.

 

On a division, there voted:-

 

For the motion  (23)  -  Lord Provost; and Councillors Allan, Bell, Boulton, Lesley Dunbar, Duncan, Donnelly, Graham, Grant, Houghton, Hunt, Imrie, John, Laing, Lumsden, Macdonald, Avril MacKenzie, Malik, Mason MSP, Reynolds, Sellar, Jennifer Stewart and Wheeler.

 

For the amendment  (22)  -  Councillors Al-Samarai, Allard, Alphonse, Cameron, Cooke, Copland, Cormie, Delaney, Jackie Dunbar, Flynn, Greig, Henrickson, Hutchison, MacGregor, Catriona Mackenzie, McLellan, McRae, Nicoll, Noble, Sandy Stuart, Townson and Yuill.

 

The Council resolved:-

to adopt the motion.

 

Councillor Lumsden moved, seconded by Councillor Boulton:-

            That the Council -

(1)      appoint Councillor Jennifer Stewart as Depute Provost and approve the changes to the list of Senior Councillor Allowances in Appendix H as appended to this minute; and

(2)      appoint Councillor Lesley Dunbar as a member to the Board of CFINE and make the following changes to other appointments:-

·         appoint Councillor Bell to the Integration Joint Board in place of Councillor Imrie;

·         appoint Councillor Avril MacKenzie to the Board of Aberdeen Performing Arts in place of Councillor Imrie;

·         appoint Councillor Lesley Dunbar to the Integration Joint Board in place of Councillor Laing; and

·         appoint Councillor Bell to the Disability Equity Partnership in place of Councillor Jennifer Stewart.

 

Councillor Flynn moved as an amendment, seconded by Councillor Jackie Dunbar:-

            That the Council -

(1)      make no appointment to the post of Depute Provost at this time; and

(2)      appoint Councillor Lesley Dunbar as a member to the Board of CFINE.

 

Councillor Yuill moved as a further amendment, seconded by Councillor Greig:-

            That the Council appoint Councillor Delaney as Depute Provost.

 

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 Flynn  (19)  -  Councillors Al-Samarai, Allard, Alphonse, Cameron, Cooke, Copland, Cormie, Jackie Dunbar, Flynn, Henrickson, Hutchison, MacGregor, Catriona Mackenzie, McLellan, McRae, Nicoll, Noble, Sandy Stuart and Townson.

 

For the amendment by Councillor Yuill  (3)  -  Councillors Delaney, Greig and Yuill.

 

Declined to vote  (23)  -  Lord Provost; and Councillors Allan, Bell, Boulton, Lesley Dunbar, Duncan, Donnelly, Graham, Grant, Houghton, Hunt, Imrie, John, Laing, Lumsden, Macdonald, Avril MacKenzie, Malik, Mason MSP, Reynolds, Sellar, Jennifer Stewart and Wheeler.

 

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

 

On a division, there voted:-

 

For the motion  (23)  -  Lord Provost; and Councillors Allan, Bell, Boulton, Lesley Dunbar, Duncan, Donnelly, Graham, Grant, Houghton, Hunt, Imrie, John, Laing, Lumsden, Macdonald, Avril MacKenzie, Malik, Mason MSP, Reynolds, Sellar, Jennifer Stewart and Wheeler.

 

For the amendment by Councillor Flynn  (19)  -  Councillors Al-Samarai, Allard, Alphonse, Cameron, Cooke, Copland, Cormie, Jackie Dunbar, Flynn, Henrickson, Hutchison, MacGregor, Catriona Mackenzie, McLellan, McRae, Nicoll, Noble, Sandy Stuart and Townson.

 

Declined to vote  (3)  -  Councillors Delaney, Greig and Yuill.

 

The Council further resolved:-

to adopt the motion.