Agenda item

Due to a technical error, some of the tracked changes in the appendices did not display correctly in the original agenda circulation therefore for completeness and ease of reference, we have reissued all of item 9.4.

The Council had before it a report by the Chief Officer – Strategic Place Planning which presented the Proposed Aberdeen Local Development Plan (the Proposed Plan) and Delivery Programme for approval.

 

The report recommended:-

that the Council –

(a)          approves Appendix A, the introduction to the Scheme of Governance, with effect from 1 April 2020;

(b)          approves Appendix B, the revised Committee Terms of Reference, with effect from 1 April 2020;

(c)          approves Appendix C, Powers Delegated to Officers, with effect from 1 April 2020, subject to recommendation (d) below;

(d)          instructs the Chief Officer - Strategic Place Planning to seek approval from the Scottish Ministers to amend the Planning Scheme of Delegation under Section 43A of the Town and Country Planning (Scotland) Act 1997 (as amended) - which relates to “Local Developments”;

(e)          approves Appendix D, the revised Standing Orders for Council, Committee and Sub Committee Meetings, with effect from 1 April 2020;

(f)           approves Appendix E, the revised Financial Regulations, with effect from 1 April 2020;

(g)          approves Appendix F, the revised Procurement Regulations, with effect from 1 April 2020;

(h)          approves Appendix G, the revised Member Officer Relations Protocol, with effect from 1 April 2020;

(i)           authorises the Chief Officer - Governance, following consultation with the Business Manager, to amend the Scheme of Governance as necessary to take account of the decisions at the Council Budget meeting on 3 March 2020;

(j)           approves the membership number for each committee as proposed at paragraph 5.2; and sets a composition for each committee and appoints members on the basis that names of members shall be provided to the Chief Officer - Governance after this meeting and that the Chief Officer - Governance be authorised to finalise membership of committees where required;

(k)          appoints a Convener and Vice Convener to the committees listed in paragraph 5.2, as appropriate;

(l)            makes appointments to the following positions:-

                              i.                Lord Provost;

                            ii.                Depute Provost;

                           iii.                Leader or Co-Leaders of the Council;

                           iv.                Depute Leader of Council (if applicable);

                            v.                Business Manager; and

                           vi.                Depute Business Manager;

(m)        approves the remuneration of the Lord Provost and one post of Council Leader and the allocation, and amount in each case, of senior councillor allowances, on the basis of the guidance contained in paragraphs 7.2 to 7.3 of the report;

(n)          notes that the membership number and composition of the sub committees detailed in Appendix H would be determined by the respective committees;

(o)          approves the membership number for each working group as detailed in Appendix I; sets a composition for each and appoints members on the basis that names can be provided to the Chief Officer - Governance after the meeting and that he be authorised to finalise membership where required;

(p)          agrees to disband the working groups contained at Appendix J;

(q)          appoints 9 members to the Appointment Panel and agrees the composition of the Panel and appoints members on the basis that names can be provided to the Chief Officer - Governance after the meeting and that he be authorised to finalise membership where required;

(r)           sets a composition for each of the joint committees/partnerships as detailed at Appendix K,and appoints members and substitutes (where applicable) on the basis that names can be provided to the Chief Officer - Governance after the meeting and that he be authorised to finalise membership where required;

(s)          considers the appointment of members to the various outside bodies listed in Appendix L to the report; sets a composition for each and appoints members on the basis that names can be provided to the Chief Officer - Governance after the meeting and that he be authorised to finalise membership where required;

(t)           instructs the Chief Officer - Governance to carry out a further review of outside bodies ahead of the local government elections in elections in 2022 and thereafter report back to Full Council with any proposals as required; and

(u)          notes the resignation of Councillor Donnelly from the Licensing Board and elects a member to fill the vacancy on the Licensing Board.

 

Councillor Lumsden moved, seconded by Councillor Boulton:-

            That the Council –

(i)        notes Aberdeen City Council had been named as a finalist in the annual LGC Awards with Aberdeen being the only Scottish authority to have been shortlisted; and  agrees that this recognition by the LGC Awards judging panel was a reward for the efforts of the thousands of Aberdeen City Council staff who were at the heart of everything we do and therefor;

(ii)       approves recommendations (a) to (d), (f), (i), (n), (p) and (u) as detailed above;

(iii)      approves the revised Standing Orders for Council, Committee and Sub Committee Meetings as contained here with immediate effect;

(iv)      approves the revised Procurement Regulations as contained here with effect from 1 April 2020;

(v)       approves the revised Member Officer Relations Protocol, with effect from 1 April 2020 subject to the deletion of 4.1.3D;

(vi)      approves the membership number and composition of each committee as detailed in the table below; and appoints members on the basis that names of members would be provided to the Chief Officer - Governance after this meeting and that the Chief Officer - Governance be authorised to finalise membership of committees where required;

Committee	Conservative	Aberdeen Labour	Independent Alliance	SNP	Liberal Democrats	Independent	Total
Audit, Risk and Scrutiny	2	2	1	3	1	0	9
Capital Programme	2	2	1	3	1	0	9
City Growth and Resources	2	2	1	3	1	0	9
Education Operational Delivery	3	3	1	5	1	0	13
Licensing	2	2	1	3	1	0	9
Operational Delivery	3	3	1	5	1	0	13
Pensions	2	2	1	3	1	0	9
Planning Development Management	1	2	2	3	1	0	9
Public Protection	2	2	1	3	1	0	9
Staff Governance	1	3	1	3	1	0	9
Strategic Commissioning	3	2	0	3	1	0	9
Urgent Business	2	2	1	3	1	0	9
Total	25	27	12	40	12	0	116

 

(vii)    approves the status quo (as detailed in the following table) in terms of:

(a)             appointments to Convener and Vice Convener to the committees listed in paragraph 5.2 with the exception that Councillor Alex Nicoll be appointed as Convener of the Audit, Risk and Scrutiny Committee;

(b)             the positions detailed at paragraph 6.1 of the report; and

(c)             the remuneration of the Lord Provost and one post of Council Leader and the allocation, and amount in each case, of senior councillor allowances, on the basis of the guidance contained in paragraphs 7.2 to 7.3 of the report;           

Post	Appointee	Remuneration on basis of 1 April 2020
Lord Provost	Councillor Crockett	£31,247
Council Leader and Convener of Strategic Commissioning	Councillor Laing	£41,662
Depute Provost	Councillor Jennifer Stewart	-
Vice Convener, Strategic Commissioning	Councillor John	£23,435
Convener, Operational Delivery	Councillor Wheeler	£31,247
Vice Convener, Operational Delivery and Regeneration spokesperson	Councillor Graham	£23,435
Vice Convener, Operational Delivery and Environmental spokesperson	Councillor Bell	£23,435
Convener, City Growth and Resources	Councillor Lumsden	£31,247
Vice Convener, City Growth and Resources	Councillor Grant	£23,435
Convener, Education Operational Delivery	Councillor Wheeler	-
Vice Convener, Education Operational Delivery	Councillor Malik	£23,435
Convener, Capital Programme and Culture Spokesperson	Councillor Boulton	£31,247
Vice Convener, Capital Programme	Councillor Lumsden	-
NHS/Social Care Integration Joint Board and Social Care Spokesperson	Councillor Duncan	£23,435
Convener, Public Protection	Councillor Jennifer Stewart	£31,247
Vice Convener, Public Protection	Councillor Lesley Dunbar	£23,435
Convener, Staff Governance	Councillor Allan	£31,247
Vice Convener, Staff Governance	Councillor Houghton	-
Mental Health Spokesperson	Councillor Imrie	-
Convener, Planning Development Management	Councillor Boulton	-
Vice Convener, Planning Development Management	Councillor Jennifer Stewart	-
Convener, Licensing Committee, Economic development spokesperson	Councillor Reynolds	£31,247
Vice Convener, Licensing Committee	Councillor Malik	-
Convener, Appeals Committee	Councillor Allan	-
Convener, Audit, Risk and Scrutiny	Councillor Alex Nicoll	£31,247
Vice Convener, Audit, Risk and Scrutiny	Councillor Yuill	£23,435
Convener, Urgent Business Committee	Councillor Laing	-
Vice Convener, Urgent Business Committee	Councillor Lumsden	-
Convener, Pensions Committee	Councillor Malik	-
Vice Convener, Pensions Committee	Councillor Reynolds	-
Convener, Aberdeen City Region Deal	Councillor Laing	-
Convener, Licensing Board	Councillor Boulton	-
Business Manager	Councillor Houghton	£31,247
Housing and Transport Spokesperson	Councillor Macdonald	-
Depute Business Manager	Councillor Malik	-
Senior Councillor Totals	17[1]	£437,456²
Maximum allowed	19	£466, 455[2]

(viii)   approves the membership number and composition for each working group as detailed here; and appoints members on the basis that names could be provided to the Chief Officer - Governance after the meeting and that he be authorised to finalise membership where required;

(ix)      appoints 9 members to the Appointment Panel and agrees the composition (of 2 Aberdeen Labour, 2 Conservative, 1 Independent Alliance, 1 Liberal Democrat and 3 SNP) for the Panel and appoints members on the basis that names could be provided to the Chief Officer - Governance after the meeting and that he be authorised to finalise membership where required;

(x)       approves the composition for each of the joint committees/partnerships as detailed here, and appoints members and substitutes (where applicable) on the basis that names could be provided to the Chief Officer - Governance after the meeting and that he be authorised to finalise membership where required;

(xi)      approves the appointment of members and compositions in respect of the various outside bodies listed here and appoints members on the basis that names could be provided to the Chief Officer - Governance after the meeting and that he be authorised to finalise membership where required;

(xii)    agrees to withdraw from the East of Scotland European Consortium;

(xiii)   notes the resignation of Councillor Donnelly from the Licensing Board and elects Councillor Sellar to fill the vacancy on the Licensing Board; and

(xiv)   agrees to formally establish the Members’ Services Working Group with 5 members with the remit of discussing, and identifying solutions, for any operational issues that impact members and a composition of 1 Aberdeen Labour, 1 Conservative, 1 Independent Alliance, 1 Liberal Democrat and 1 SNP.

 

Councillor Alex Nicoll moved as an amendment, seconded by Councillor Yuill:-

            That this Council –

(1)      approves recommendations (a), (c), (d), (g) (n) (p) and (u) as contained in the report;

(2)      approves Appendix B, the revised Committee Terms of Reference, with effect from 1 April 2020, subject to:

1.     the disbanding of the Capital Programme Committee with the remit transferring to the City Growth and Resources Committee; and

2.     the Chief Officer – Governance further reviewing the remit of the Strategic Commissioning Committee as part of the next annual review of the Scheme of Governance due to be reported to Council in March 2021 and in doing so to identify proposals for the remit to transfer to other committees and therefore enabling the committee to be removed rationalising the committee structure;

(3)      agrees to formally establish the Members’ Services Working Group with 5 members with the remit of discussing, and identifying solutions, for any operational issues that impact members and a composition of 1 Aberdeen Labour, 1 Conservative, 1 Independent Alliance, 1 Liberal Democrat and 1 SNP;

(4)      approves the revised Standing Orders for Council, Committee and Sub Committee Meetings, with effect from 1 April 2020, subject to the following amendments:

1.     SO12.5 “Prior to a Notice of Motion appearing on an agenda, the Chief Officer – Governance will determine competency”;

2.     SO12.7 “If the Chief Officer – Governance rules the motion incompetent, it will not appear on the agenda for the meeting”;

3.     SO13.5 “A report author must consult the local Members of a ward where the report contains proposals which, if implemented, would have an impact on that particular ward which is significantly greater than any general  impact on the city as a whole” and deletion of “Significant Local Impact” from the glossary;

4.     SO14.1 “Every request for a deputation must be in writing and received by the Clerk at least two working days before the meeting to which it relates. Any documentation that a deputation may wish to circulate to the Committee must be submitted along with the deputation request. Should such documentation not be submitted with the request, it will be for the Committee to determine if the document is circulated”;

5.     SO14.11 “Competency in respect of Standing Orders 14.3, 14.5 and 14.10 will be determined by the Chief Officer – Governance”;

6.     SO16.3 “In respect of the following, the Committee will determine, subject to relevant statutory procedures and the Councillors’ Code of Conduct, whether it will hear representations from Members:

16.3.1 quasi-judicial matters;

16.3.2 individual housing allocation decisions; or

16.3.3 reviews to be undertaken by the Community Asset Transfer Review Sub Committee;

7.     Proposed SO29.9 “Any relevant officer will have the opportunity to address the meeting on the competency, relevancy or implications of any motion or amendment”;

8.     Proposed SO29.12 “The Convener, following consultation with the Chief Officer – Governance, will determine whether a motion or amendment is competent and relevant”;

9.     Proposed SO29.13 “A motion or amendment moved but not seconded, or which has been ruled by the Convener, following consultation with the Chief Officer – Governance, to be incompetent will not be put to the vote but will be recorded in the minute”;

10.  Proposed SO29.16 “A Member can make minor alterations to their motion or amendment, with the consent of the Committee”;

11.  Removal of proposed SO29.1 and SO29.2 and the retention of the current SO28.1;

12.  Proposed SO34.1 “Immediately following a vote at Committee or Sub Committee, one third of the membership of the Committee or Sub Committee may refer the matter to the Council, Committee or Sub Committee for a decision”;

(5)      approves the revised Financial Regulations, with effect from 1 April 2020, subject to the following amendment:

1.     5.11.1, paragraph 2 “Insignificant gifts are classified as gifts having a monetary value of £50 or less”;

(6)      approves the revised Member Officer Relations Protocol, with effect from 1 April 2020, subject to the following amendments:

1.     remove 4.1.2E; and

2.     amend 4.1.3D to read “we will ensure that representatives of all political groups and independent members are invited to attend when we organise civic or official events, unless otherwise agreed by the Lord Provost and the relevant Director”;

(7)      authorises the Chief Officer – Governance to amend the Scheme of Governance as necessary to take account of the decisions at the Council budget meeting on 3 March 2020;

(8)      approves the membership numbers as proposed in the report, with the exception of the Capital Programme Committee, with compositions on the following basis:

·                for a committee of 9, 4 members of the current administration and 5 members of the current opposition; and

·                for a committee of 13, 6 members of the current administration and 7 members of the current opposition,

with the following total numbers of places for the current administration and current opposition;

	Number of Committee Places
Current Administration	48
Current Opposition	59
Total	107

 

 

(9)      delegates authority to the Chief Officer – Governance, following consultation with the current administration and opposition, to finalise the committee places allocation per political group and independent member in compliance with current Standing Order 46.9, and appoints members on the basis that names of members shall be provided to the Chief Officer – Governance after this meeting and that he be authorised to finalise membership of committees where required;

(10)   recognises that the minority administration as a collective had more councillors than the SNP or Liberal Democrats and invites the minority administration to put forward proposals for appointments and remuneration for all positions detailed in paragraph 5.2 and 6.1 of the report with the exception of the Convener and Vice Convener of the Audit, Risk and Scrutiny Committee who would be Councillors Alex Nicoll and Yuill respectively and the following posts which would be deleted:

a.            Convener and Vice Convener of the Capital Programme Committee;

b.            One of the Vice Conveners of the Operational Delivery Committee; and

c.            Business Manager and Depute Business Manager;

(11)   delegates authority to the Chief Officer – Governance to amend the Scheme of Governance to reflect the removal of the Business Manager and Depute Business Manager positions;

(12)   approves the membership number and composition for each working group as detailed in Appendix A to the amendment; and appoints members on the basis that names can be provided to the Chief Officer - Governance after the meeting and that he be authorised to finalise membership where required;

(13)   agrees to withdraw from the East of Scotland European Consortium;

(14)   appoints 9 members to the Appointment Panel and agrees the composition of 4 administration and 5 opposition (4 SNP and 1 Liberal Democrat) for the Panel and appoints members on the basis that names can be provided to the Chief Officer - Governance after the meeting and that he be authorised to finalise membership where required;

(15)   approves the composition for each of the joint committees/partnerships as detailed at Appendix B to the amendment,and appoints members and substitutes (where applicable) on the basis that names can be provided to the Chief Officer - Governance after the meeting and that he be authorised to finalise membership where required;

(16)   approves the appointment of members and compositions in respect of the various outside bodies listed in Appendix C to the amendment and appoints members on the basis that names can be provided to the Chief Officer - Governance after the meeting and that he be authorised to finalise membership where required; and

(17)   notes the resignation of Councillor Donnelly from the Licensing Board and elects Councillor Al-Samarai to fill the vacancy on the Licensing Board.

 

On a division, there voted:-

 

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

 

For the amendment by Councillor Alex Nicoll (22) - Councillors Al-Samarai, Allard, Alphonse, Cameron, Cooke, Copland, Cormie, Delaney, Jackie Dunbar, Flynn, Greig, Henrickson, Hutchison, MacGregor, McLellan, McRae, Mennie, Alex Nicoll, Audrey Nicoll, Noble, Townson and Yuill.

 

The Council resolved:-

to adopt the motion by Councillor Lumsden.

 

In accordance with Standing Order 31.7, Councillors Al-Samarai, Allard, Alphonse, Cameron, Cooke, Copland, Cormie, Delaney, Jackie Dunbar, Flynn, Greig, Henrickson, Hutchison, MacGregor, McLellan, McRae, Mennie, Alex Nicoll, Audrey Nicoll, Noble, Townson and Yuill intimated their dissent at the foregoing decision.