agenda for the special meeting of the stirling council...
TRANSCRIPT
AGENDA AGENDA for the RECONVENED SPECIAL MEETING of the STIRLING COUNCIL to be held in the COUNCIL CHAMBERS, VIEWFORTH, STIRLING on THURSDAY 15 MARCH 2018 commencing at 1.00pm
IAIN STRACHAN Chief Governance Officer Clerk to the Council 7 March 2018
Provost Christine Simpson, in accordance with Standing Order 10 (a), requests that the adjourned
Special Meeting of Stirling Council that was due to take place on Thursday 1 March 2018 be reconvened on
Thursday 15 March 2018 at 1.00pm.
Members are asked to bring the agenda for the meeting on 1 March 2018 with them, as this contains the reports which will be considered at this
meeting
B U S I N E S S
1. APOLOGIES 2. DECLARATIONS OF INTEREST 3. REVIEW OF SCHEME FOR THE ESTABLISHMENT OF COMMUNITY COUNCILS
Report by Chief Officer - Governance (Localities & Infrastructure) (Previously Circulated)
(For further information contact Committee Officer – Karen Swan 01786 2 33081 or Chief Officer - Governance (Clerk) – Iain Strachan, 01786 2 33108)
AGENDA
AGENDA for the SPECIAL MEETING of the STIRLING COUNCIL to be held in the COUNCIL CHAMBERS, VIEWFORTH, STIRLING on THURSDAY 1 MARCH 2018 commencing at 9.30am
IAIN STRACHAN Chief Governance Officer Clerk to the Council
23 February 2018
B U S I N E S S
1. APOLOGIES
2. DECLARATIONS OF INTEREST
3. REVIEW OF SCHEME FOR THE ESTABLISHMENT OF COMMUNITY COUNCILS Report by Chief Officer - Governance (Localities & Infrastructure) (Pages 1 - 100) Colour copies of Appendix 6 are banded to the back of Members’ Agendas.
(For further information contact Committee Officer – Karen Swan 01786 2 33081 or Chief Officer - Governance (Clerk) – Iain Strachan, 01786 2 33108)
1 SUMMARY
1.1 At a Special Meeting held on 28 September 2017, Council agreed to commence a consultation on a review of Stirling Council’s Scheme for the Establishment of Community Councils, in accordance with good practice issued by the Scottish Government.
1.2 An 8-week public consultation exercise commenced on 4 October 2017 and included both a survey and a Community Council conference which took place on 25 November.
1.3 Appendices to this report include overviews of findings from the survey and conference, draft governance documents taking into account these findings and suggestions for changes to Community Council boundaries.
1.4 Council is invited to consider the draft governance documents and draft boundary changes for inclusion in the second phase of the consultation and to note that further reports will be submitted to Council during future stages of the process.
2 OFFICER RECOMMENDATION(S)
The Council agrees:-
2.1 to approve the draft governance documents and draft boundary changes attached as Appendices 4(a) to 4(d) to this report for inclusion in the second phase of the consultation on a review of Stirling Council’s Scheme for the Establishment of Community Councils;
2.2 to remit the associated consultation process to the Chief Officer – Governance, in consultation with the Director of Children, Communities & Enterprise and the Convener and Vice Convener of the Community Planning & Regeneration Committee, to allow the consultation process to continue from March 2018; and
STIRLING COUNCIL THIS REPORT RELATES TO ITEM 3 ON THE AGENDA
SPECIAL STIRLING COUNCIL LOCALITIES & INFRASTRUCTURE
1 MARCH 2018 NOT EXEMPT
REVIEW OF SCHEME FOR THE ESTABLISHMENT OF COMMUNITY COUNCILS
1
2.3 to note that further reports will be submitted to Council during future stages of the process, all as required under the Local Government (Scotland) Act 1973, such reports will include a report on the outcomes of the consultation process and suggestions for amendments to the existing Scheme.
3 CONSIDERATIONS
3.1 Stirling Council’s current Scheme for the Establishment of Community Councils and accompanying documents were agreed in 2009 following a consultation process.
3.2 Good Practice Guidance issued by the Scottish Government sets out a process for a Local Authority to review its Scheme of Establishment in line with the 1973 Act, if they consider that such a scheme ought to be amended. http://www.gov.scot/Resource/0044/00449148.pdf
3.3 The Scottish Government Guidance sets out a process, which includes statutory requirements for consultation periods. The table below shows the various stages of this process and approximate timescales, which may be subject to change.
Council approved amending the existing Scheme and making a new Scheme for the Establishment of Community Councils
28 September 2017
8-week consultation period, including Community Councils, other community groups, trusts and organisations. This consultation consisted of an on-line survey and an event with Community Councils held on 25 November.
October – November 2017
Council to consider suggestions from this first consultation period and agree a draft amended Scheme for consultation
1 March 2018
Second 8-week consultation period.
March – May 2018
Council to consider suggestions from this second consultation period and agree a final draft amended Scheme for consultation.
28 June 2018
4-week consultation period
July 2018
Council to consider suggestions from final consultation period, alter if required, and formally approve
Late summer 2018
3.4 The 1973 Act requires that “any decision of the local authority to review or amend a Scheme shall be by resolution passed by not less than two-thirds of the members voting thereon at a local authority meeting specially convened for the purpose.” At a Special Meeting on 28 September 2017, Council agreed:-
2
1. to commence a consultation on a review of the Stirling Council’s Scheme for the Establishment of Community Councils and accompanying Code of Conduct;
2. to remit the associated consultation process to the Chief Officer – Governance, in consultation with the Director of Children, Communities & Enterprise and the Convener and Vice Convener of the Community Planning & Regeneration Committee, to allow the consultation process to commence from early October 2017; and
3. to note that further reports would be submitted to Council during future stages of the process, all as required under the Local Government (Scotland) Act 1973, such reports would include a report on the outcomes of the consultation process and proposals for amendments to the existing Scheme.
3.5 In accordance with the 1973 Act, this Special Meeting of Council has been convened to provide an update on the consultation to date and to invite Council to consider suggestions from the first consultation period and agree a draft amended Scheme for consultation.
3.6 Following the Council decision in September 2017, an 8-week public consultation exercise commenced on 4 October. This included an invitation to Community Councils, Elected Members, Council staff, community and partner organisations and individuals to respond to an on-line survey seeking views on the current Scheme and suggesting areas for improvement. Responses were also welcomed by other non-electronic means. At the closing date, 400 responses had been received. Appendix 2 to this report provides an overview of findings from the Community Council Review Survey.
3.7 On 25 November 2017, a Conference was held to invite Community Councils to expand on the responses to the survey and to progress the conversation around the Scheme and its related documents and more general ways to develop effective working between the Council and Community Councils. Attendance at the conference was well represented by Community Councils, Elected Members and Officers. Appendix 3 to this report provides an overview of findings from the Conference.
3.8 Officers have examined the results from the consultation exercise and prepared revised drafts of the Scheme for the Establishment of Community Councils and associated documents for consideration by Council, these being Constitution for Community Councils, Standing Orders for Community Councils and Code of Conduct for Community Councillors. The drafts are attached as Appendices 4(a) to 4(d) to this report.
3.9 Responses to the consultation included a number of suggestions to change some community council boundaries. These suggestions and others put forward by officers are included in proposals within the draft scheme. Suggested changes are summarised in Appendix 5 to this report. Appendix 6 provides boundary maps for those Community Councils where suggestions for change are made (banded to back of Agenda).
3
3.10 The main changes proposed to the governing documents include changes to the Scheme of Establishment to:-
3.10.1 enable co-opted Community Councillors to become full members of the Community Council once they have been a co-opted member for a year;
3.10.2 revise the minimum membership number for Community Councils (currently 7 for all), so that:-
for those with a population area of up to 1,000 the minimum number would be 6
for those with a population area greater than 1,000 it would be 7;
3.10.3 provide a new commitment from the Council to respond to Community Council queries within 10 working days.
3.11 The consultation also highlighted a desire for a formal complaints process, in connection with the workings of Community Councils. This also reflects a national change of approach, and a recognition this should be considered as part of a Scheme review. As such, and taking account of examples used elsewhere, the proposed changes will also create a new Conduct Review Panel. It is anticipated that Community Councils will themselves deal with most of any complaints that may be made of them, but for those more serious complaints or where the complainant is not content with the outcome of the initial review the Conduct Review Panel would be convened. This could consider complaints against individual Community Councillors or a Community Council as a whole. The Panel’s membership would comprise three Elected Members of Stirling Council (but excluding those whose ward the Community Council relates to), and two Community Councillors (but excluding those from the Community Council to which the complaint relates). Sanctions potentially available as a consequence of a complaint being made would include censure, a written warning and suspension/removal/disqualification as a community councillor for up to two years.
3.12 An abbreviated Guidance for Community Councillors will be prepared once the new Scheme is finalised and approved, to provide a user-friendly guide to assist Community Councillors with particular governance related questions, including those that officers most commonly have to respond to. There would also be an annual Community Council conference, and induction training given to Community Councillors after the elections in Autumn 2018.
3.13 Elected members have been offered a separate briefing on the proposed changes to the Scheme of Establishment and related documents.
4
3.14 Members are invited to consider the revised documents and agree a draft amended Scheme for the next 8-week phase of consultation, which will run from 7 March to 2 May 2018. The results of this second consultation phase will be brought back to a Special Meeting of Council on 28 June 2018, when Council will be invited to agree a final draft amended Scheme. This final draft will be put out to a final 4-week consultation and brought back for final Council approval in August/September 2018, so that the Scheme and associated documents are ready in advance of Community Council elections which will take place in October/November 2018.
4 POLICY/RESOURCE IMPLICATIONS AND CONSULTATIONS
Policy Implications
Equality Impact Assessment No
Strategic Environmental Assessment No
Key Priorities Yes
Single Outcome Agreement Yes
Diversity (age, disability, gender, race, religion, sexual orientation) No
Sustainability (community, economic, environmental) No
Effect on Council’s green house gas emissions No Effect
Strategic/Service Plan No
Existing Policy or Strategy Yes
Risk Yes
Resource Implications
Financial No
People Yes
Land and Property or IT Systems No
Consultations
Internal or External Consultations Yes
Equality Impact Assessment
4.1 The contents of this report were assessed using the EqIA Relevance Assessment Form. It was determined that an Equality Impact Assessment was not required as this is a procedural report.
Strategic Environmental Assessment
4.2 This report does not relate to a Plan, Policy, Programme or Strategy therefore Strategic Environmental Assessment does not apply.
Key Priorities
4.3 The proposals set out in this report are consistent with the following key priority:-
Priority B - We will target all forms of poverty across our communities and mitigate the impact of austerity and welfare cuts on those hit the hardest.
5
Consideration 17 - We will revise Community Council boundaries and the Scheme of Establishment before the next Community Council elections in 2018.
Single Outcome Agreement
4.4 The proposals set out in this report support the following outcomes in the Single Outcome Agreement:
Communities are well served, better connected and safe
Other Policy Implications
4.5 The proposals within this report supporting the following Equalities Outcome:
Our diverse communities are empowered and actively involved in decisions and activities which shape their future.
Risk
4.6 Failure to review the Scheme could impact on the Council’s engagement with communities by continuing to use a Scheme which may no longer be fit for purpose.
Resource Implications
4.7 Staff resources will be required within both Democratic Services and the Communities Engagement Team to continue carrying out the consultation process.
Consultations
4.8 A wide range of individuals and organisations have been involved in the consultation process. Discussions on each stage have taken place with the Convener and Vice Convener of the Community Planning & Regeneration Committee.
Tick ( ) to confirm and add relevant
initials
The appropriate Convener(s), Vice Convener(s), Portfolio Holder and Depute Portfolio Holder have been consulted on this report
CK MBe
The Chief Executive or Director has been consulted on this report as appropriate
5 BACKGROUND PAPERS
5.1 Minutes of Special Meeting of Stirling Council held on 28 September 2017.
5.2 Stirling Council’s current Scheme for the Establishment of Community Councils and associated documents.
5.3 Boundary Maps for current Community Councils.
6
6 APPENDICES
6.1 Appendix 1 – EqIA Relevance Assessment Form.
6.2 Appendix 2 - Overview of Findings from the Community Council Review Survey.
6.3 Appendix 3 - Overview of Findings from Community Council Conference held on 25 November 2017.
6.4 Appendix 4 - Draft governance document comprising:-
(a) Scheme for the Establishment of Community Councils (b) Constitution for Community Councils (c) Standing Orders for Community Councils (d) Code of Conduct for Community Councillors.
6.5 Appendix 5 - Suggestions for changes to Community Council boundaries.
6.6 Appendix 6 - Community Council boundary maps where suggestions for change are made. (Banded to back of Agenda).
Author(s) Name Designation Telephone Number/E-mail
Sheila McLean Governance Officer 01786 233096
Lynne McKinley Team Leader – Community Engagement
01786 233136
Approved by Name Designation Signature
Iain Strachan Chief Officer – Governance
Date 20 February 2018 Service
Reference
7
8
Appendix 1
Stirling Council: EqIA Relevance Check (June 2014)
Completing this form will help you determine whether or not an equality impact assessment is required and provide a record of your decision. This is a screening process to help you decide if the proposal under consideration requires an EqIA - it is not an EqIA and the impact of the proposal will be determined by the EqIA itself.
The Guidance: Equality Impact Assessment Toolkit June 2014 may help when completing this form this can be accessed via the following link - http://web.stirling.gov.uk/eqia_toolkit.doc
The term proposal used below is intended to include “policy, strategy, service, function, procedure or project.”
When is an EqIA required?
While each proposal must be considered individually, it is anticipated that an EqIA will always be required when:
introducing a new policy/strategy/service/function
reviewing a current policy/strategy/service/function
reducing / discontinuing an existing service
considering budget proposals resulting in any of the above
Reports on technical or procedural matters or which confirm progress on previously considered proposals, may be less likely to require an EqIA but this can only be determined by using this form.
SUMMARY DETAILS
1. Title of Proposal: Service PBB Ref (if applicable)
Review of Scheme for the Establishment of Community Councils
Localities & Infrastructure N/A
2. Service, and Lead Officer (Head of Service/ Service Manager) undertaking assessment
Service Lead Officer
Localities & Infrastructure Chief Officer - Governance
3. What is the nature of the proposal? (Tick/complete all that apply)
Review of an existing policy/strategy Review of an existing service/function
Reduction in an existing service / function Removal of an existing service
Introduction of a new policy/ strategy Introduction of new service/function
Other e.g. technical, progress, procedural report
PBB category e.g. transformational change
9
4. For proposals with implications for budgets complete the following:
Current expenditure on activity
(£ 000s)
In Council area as a whole
In/for specific community/ies
Total anticipated savings or proposed increased spend
In/for Council area as a whole
In/ for specific community/ies
Delivery Timescale and Phasing
Start date for savings/increased spend
End Date for savings/increased spend
Savings/increased spend Year 1
Savings/increased spend Year 2
Savings/increased spend Year 3
Savings/increased spend Year 4
Savings/increased spend Year 5
AIMS & OBJECTIVES
Answering questions 5 - 7 will help you decide whether or not your proposal needs to be accompanied by an EqIA.
5. What longer term outcomes is the proposal expected to achieve?
Rationalisation of Community Councils to ensure they are fit for purpose and reflect the needs of communities.
6. What are the main aims of this proposal? If this proposal revises an existing policy have its aims changed?
To carry out a consultation with local communities which will inform a review of the Scheme.
7. Who is most likely to be affected by this proposal? Consider current and potential future service users including people with particular needs, specific geographical communities and current and prospective employees.
All communities within the Stirling Council area.
10
POTENTIAL IMPACT
Answering Questions 8 -12 will help you consider the potential impact of the proposal.
8. What potential impact will this proposal have on people in terms of the needs of the public sector equality duty and the Council’s responsibilities to:-
eliminate discrimination, harassment and victimisation advance equality of opportunity foster good relations - including the need to tackle prejudice and promote
understanding See guidance for additional information.
When the review is complete, it is hoped that this will increase opportunities for a wider range of people within the community to become involved with their Community Council.
9. Will this proposal have a potential impact on people with “protected characteristics”*? Please consider all protected groups listed below. A detailed explanation of these is provided in the guidance.
Group Impact Yes/No/Unclear
Group Impact Yes/No/Unclear
Group Impact Yes/No/Unclear
Age No Disability No Gender Reassignment
No
Marriage and Civil Partnership
No Pregnancy and Maternity
No Race No
Religion and Belief
No Sex No Sexual Orientation
No
10. Will this proposal have an impact on communities, household groups or individuals with a higher risk of experiencing poverty? Please answer Yes/No/Unclear. Information on communities, households and individuals with a higher risk of experiencing poverty is provided in the guidance.
No.
11. Do you already have any evidence that has influenced or shaped this proposal in relation to people in protected characteristic groups or communities, groups or individuals vulnerable to poverty? If so please summarise what this evidence includes.
No.
11
DECISION
12. Based on your responses and any evidence you already have, is an EqIA required for this proposal? In making your decision please note:
if answering Yes to any part of either questions 9 or 10 an EqIA is required
if answering Unclear to any part of questions 9 or 10 you are strongly advised to do an EqIA to allow you to comprehensively assess the impact of the proposal
if answering No to any part of questions 9 or 10 please justify your response and why you consider an EqIA is not required for this proposal in the box below
No. This is a procedural report.
13. Who was involved in making this decision?
Sheila McLean, Governance Officer
Iain Strachan, Chief Officer – Governance.
Authorisation by Lead Officer (Head of Service / Service Manager)
This decision has been approved by Senior Manager
Name Iain Strachan
Title Chief Officer – Governance
Date
12
Community Council Review 2017
Overview of Findings from the
Community Council Review Survey
December 2017
Stirling Council
Appendix 213
Introduction
Stirling Council is carrying out a review into the way that Community Councils function. The
review follows on from significant changes at a national level, for example the Community
Empowerment Act 2015.
As part of this review, a survey was created to provide the opportunity for Community
Councillors, individuals, Stirling Council Officers, Elected Members and Partner
Organisations to comment on Community Councils.
This document provides an overview of the findings from the survey, including who has
responded, individual comments are summarised as a series of discussions that highlight the
key themes and questions.
The information contained within the findings will be used to inform any future Community
Council Governing documents. Locally it will contribute to Stirling Council’s work to maintain
a strong understanding of the needs of communities.
Who has responded?
There were 400 responses to the survey.
0 20 40 60 80 100 120 140 160 180
an individual
Community Councillor
Community Organisation
Elected Member
Stirling Council Officer
a Partner organisation
a member of the public
Other
Q1‐Who Responded?
14
At least one response has been received from every established Community Council‐
0
2
4
6
8
10
12
14
16
Q4‐ Community Council Responses
15
If you responded as a Stirling Council Officer, which service do you work in?
As a Stirling Council Officer, how much contact do you have with Community Councils or
individual Community Councillors?
0 2 4 6 8 10 12 14
Economic Development & Regeneration
Communications & Public relations
Communities &people
Schools, Learning & Education
Children & Families
Human Resources & Organisational Development
Environment & Place
Infastructure
Finance
Governance
Technology & Information
Health & Safety
Q5‐ Stirling Council Officers, Service Area
0
5
10
15
20
25
30
No contact Some Contact Regular Contact
Q6‐ Stirling Council Officer Contact with Community Councils
16
Key Themes
Q8 What is your understanding of the role of a
Community Council? (from little understanding to understand fully)
You Said
Comments identified the reasons for the different levels of knowledge ‐
Those with Good Knowledge
Those who responded that they had good knowledge of a community council role, fell into
one of the following categories:
Current Community Councillors
Former Community Councillors
Individuals who knew whom their Community Councillors were or those who had
received support from their community council
Individuals who had regular/some contact with Community Councils including
attendance at their meetings
Those who responded that they had good knowledge, advised that this knowledge had been
developed through:
Experience
Research and Reading
Accessing training
0
20
40
60
80
100
120
140
1‐ LittleUnderstanding
2 3 4 5‐ Understand Fully
Q8‐What is your understanding of the role of a Community Council?
17
Support from Council Officers
Responding to their Community Council’s consultations
Reading their news letters
Those with Some Knowledge
Those who responded that they had some knowledge highlighted the following:
Knowledge could be more fully developed, if Community Councils communicated
more with the wider community
They had built up knowledge by following progress through village newspapers,
reading minutes, attending meetings or accessing the governance documents
Some indicated they had some knowledge from being a Community Councillor
previously, but were aware that things may have changed.
A lack of training inhibited the development of knowledge
Some respondents indicated that they were new to Community Councils and are still
building up their knowledge
Some respondents highlighted that although they had some knowledge there was
always more to learn
Respondents stated that although they had some knowledge they didn’t know the
finer details of the governance and or powers.
Those with Poor Knowledge
Those who responded that they had poor knowledge stated:
They either didn’t know that the Community council existed or if they did know,
weren’t clear about their purpose
There had been no communication about their purpose or what part they would play
in relation to the Council
There was little or poor information at a local level – nothing is sent out to
households
They hadn’t had any involvement with their Community Council, therefore didn’t
know their role
They hadn’t received any induction, handbook, training or guidance from Office
Bearers
18
Q9 Although you have little knowledge of Community
Councils, what do you think they do?
We Asked
Those with little understanding of the role of a Community Council were asked
What do you think Community Councils currently do?
You said
The feedback highlighted:
For the community
No Idea
Comments ‐
For the Community
Respondents thought that community councils are the link between residents and public
agencies which they represent community concerns and shape actions that occur in their
local area. They are also involved in improving community facilities?
6.4
6.6
6.8
7
7.2
7.4
7.6
7.8
8
8.2
for the community no idea
What do you think Community Councils currently do?
19
Q10 What do you think the role of a Community Council
should be?
We Asked
Those with little understanding of the role of a Community Council were asked
What should Community Councils do?
You said
The feedback highlighted:
Represent the community
Support People
Comments ‐
Represent the community
Respondents think that Community Councils should be the voice for the people, for raising
issues that affect communities and an advocate for better services by liaising with officials.
Should be easy for people to contact, so that a wide range of local opinion can be received.
Support People
Feedback has highlighted that for some respondents the role of the community council is to
ensure that the elderly don’t get lonely and to provide support for the people in their local
community.
0
1
2
3
4
5
6
7
8
9
10
represent the community support people
What Should Community Councils do?
20
Q11 What is the most important topic to review?
We Asked
What is the most important topic to review? (Governance, Boundaries, Representation, Communication and Resources) in the following
order (Not Important to Extremely Important).
You said
Comments were categorised as follows‐
Communication
Finance
Governance
Planning
Resources
Role
Communication
Respondents thought that important areas to review were:
How Community Councils engage/ communicate with their communities. As well as
How communication links between Community Councils, Stirling Council and Elected
Members.
0
0.5
1
1.5
2
2.5
3
3.5
4
4.5
5
Governance Boundaries Representation Communication Resources
Q11‐What is the most important Topic to review?(Weighted Average)
21
Finance
Respondents thought that the review should consider how Community Councils are
empowered by funding and or acting as funding hubs for their communities.
Governance
That the review should consider how Community Councils are open and transparent, so that
they are seen to be representative. Suggestions included‐
To have a robust system of monitoring
Wider access to governing documents
A time limit on the term of office and any interval before a Community
Councillors can stand again
Community Councillors should be elected and not co‐opted
Number of people required to make a quorum
Provide training,
Code of conduct
Community Council’s being more proactive
Some respondents commented that some Community Council areas are no longer relevant
and should be reassessed, whilst others suggested we stop changing boundaries.
Planning
Some respondents consider that the review should include Community Councils relationship
and role within Planning & Development.
Resources
The review should consider the lack of services and accessibility in the rural areas. The
resources a Community Council receives should also be considered and or reviewed, to
ensure that they can function effectively. Perhaps be per capita and vary over time as the
population changes.
Role
Respondents thought that the review should consider the following:
How Stirling Council regard the relevance of Community Councils,
Relationship between them and their respective roles (should more power be
devolved to a lower level).
The role of Community Councils within their community should be reconsidered, so
that there is no overlap with other organisations.
Management of expectations is important, so that there is a better understanding of
were projects sit within workload priorities and the timescale for their completion.
22
Q12 Governance
We Asked
The Model Scheme of Establishment, Constitution, Standing Orders and Code of Conduct set out the rules for how Community Councils operate.
If you know these documents, how clear are they? Can they be improved? If so, how?
You Said
Feedback highlighted
Accountability
How Governance is applied/enforced?
Documents are clear
Community Council Membership
No knowledge of the documents
Documents should be in Plain English
Community Council Powers and Role
Governance should be transparent
Comments
Accountability
Community Councils should be impartial, unbiased and act for the community as Community Councils are another level of democracy. They should also be accountable for the funding they receive and ensure they are reporting to the public.
0
10
20
30
40
50
60
Governance
23
How governance is applied/enforced
Feedback highlighted that the rules are not clear and are often ignored or not put into practice or how they are upheld? Community Councillors should reflect on whether they meet the standards required.
Rules should be more prescriptive or rigid with signed copies of documents returned to Stirling Council. How are breaches of governance corrected? And whose role is it?
The code of conduct needs to be clearer and or should be a disciplinary procedure? Documents should be more accessible, so that they can be consulted upon when required.
Documents are clear
Feedback highlighted that respondents thought that the governance documents were clear enough as they are regularly consulted upon and used by Community Councils. Further advice is available if required.
Community Council members
Feedback has highlighted that there needs to be a process in place to deal with conflicts of interest.
Should there be fixed term appointments for office bearers (maybe even for Community Councillors). The process for co‐opting Community Councillors is too rigid, e.g. if a Community Council dips below its minimum level only two people can be co‐opted until the next election. Alternatively, if the membership level is to low should the Community Council be disbanded? Does the election process need improving to improve diversity?
No knowledge of the documents
Many respondents highlighted that they are not familiar with the documents, didn’t know that they existed or they relied upon others to give advice about them. Perhaps after every Community Council election an awareness session or briefing should be held to review the governance documents. Possibly a handbook made available to all new Community Councillors, with ongoing training.
Documents should be plain English
The documents should be made clearer by using everyday language and that they meet the crystal mark for plain English. Should be written with bullet points as some sections are open to interpretation as they are often too ambiguous. A summary version should be made available.
Community Council Powers and Role
Highlighted that the governing documents might require to be amended, if Community Councils were to have new roles or additional resources. Should guidance be available to outline what is ‘competent’ Community Council business? The wider community require to
24
have a realistic understanding of what powers a Community Council has within its overall role.
Governance should be transparent
You highlighted that the governance that Community Councils operate under should be more transparent and made public, so that everyone who is engaged with Community Councils know their operating procedures. Transparent to ensure a fair and unbiased representation of the community.
25
Q13 Boundaries
We Asked
The current Scheme operates with 43 Community Councils based on settlement/community areas. The largest represents over 9500 citizens and the smallest represents just over 200 citizens.
Does this work? Are there other ways in which Community Councils could be established?
You Said
Feedback highlighted
Joint Working
Rationalisation/Not Working
Boundaries are ok
Small Community Councils
Area too large
Which Boundary?
0102030405060708090
Boundaries
26
Comments
Joint Working
If an issue is wider than an individual community some Community Councils work with their neighbouring Community Councils and sometimes share resources, amenities and the risks. Collaboration should be encouraged to reduce the chance of working on same issues unknowingly. Community Council forums would be a way of achieving this?
Rationalisation/Not Working
For some areas the boundaries are not working and some rationalisation of Community Councils might be warranted if there is difficulty in establishing or sustaining a Community Council, but this should be with widespread agreement. If there is a desire from communities for two Community Councils to merge, this should be considered. Perhaps there is a case for Community Councils to be of comparable size? However, any change could be problematical due to existing projects, resources and or the need to rotate meeting venues. Where a Community Council is not formed an amalgamation via co‐option of remaining members to a neighbouring Community Council should be allowed.
Boundaries are Ok
Feedback highlighted that for most respondents the boundaries are working well as they are based on established, unique settlements. It is important that Community Councillors represent the communities in which they live, as the issues they deal with are mainly local
Small Community Councils
You highlighted the main issues with small Community Councils is maintaining their viability due to having a small population base of potential Community Councillors. A solution to this would be to reduce the minimum number, ensuring the number of Community Councillors is in relation to the population size.
A potential issue of having a large number of Community Council’s is the risk of pulling agencies in to many different directions, so there needs to be a system for identifying commonalities. A wider issue for smaller (mostly rural) communities is the lack of services availble to them, sometimes these do not reflect local priorities.
Area to Large
Feedback suggested that a Community Council with a population of 9500 is too large to represent and meet all the needs of that area. In urban areas, it is much more difficult to identify cohesion, so different solutions might be needed.
27
Which boundary?
For some Community Councils the boundaries do not make sense. Should they be based on same boundaries as local council wards, high school catchment areas or organised to ensure an equal level of representation? In some cases boundaries have divided areas that were natural communities. For some Community Councils who sit within the National Park and Stirling Council, this makes it challenging to respond to Planning issues as these would fall under the National Park.
Other Comments
A few Community Councils identified specific issues with their boundaries and these will be further discussed as part of this Review.
28
Q14 Representation
We Asked
Community Councils have a duty under statute to represent the views of their local community. It is vital that they reflect the broad spectrum of opinion and interests of all sections of the community.
Can this be improved? Could the Scheme strengthen this? How do we support Community Councils to involve a wide range of citizens, including young people?
You Said
Feedback highlighted
Accountability
Actions
Communication
Community Apathy
Representation
Resources
Community Council Role/Standing
Young People
0
10
20
30
40
50
60
70
80
Representation
29
Comments
Accountability
You advised that Community Councils should be open to the public, in particular the agenda, minutes and reports about what is being done on ‘behalf’ of the community. These documents should be widely available as they serve the interests of the whole community and not just specific parts.
Community Councils should be monitored including an annual evaluation of Community Councillors so as to be more accountable.
They should publish an age profile, as respondents are uncertain if Community Council membership is covering a wide age range.
A limit should be put on how many individuals from one family can be Community Councillors?
When proposing new ideas Community Councils should demonstrate that they have consulted the local community, via a survey, Facebook conversations etc.
Where there has been a loss of trust, should there be an intervention to solve the problems? There should be an annual evaluation of Community Councillors.
Actions
Community Councils need to be about action or they risk becoming talking shops, they could take the role of informing and leading local opinions and community plans are a way of achieving this.
Community Councils could also play an important role in mediating around community issues. However, it can also be frustrating being a Community Councillor as a great deal can be discussed, but decisions are taken by other groups or organisations.
Community Councils should publicise their successes to the local community they represent.
Communication
Some Community Councils use a range of formats to communicate with their communities‐ Newsletters, websites, email, noticeboards and Facebook. This is used to inform communities of their role and activities they carry out.
They organise events and should get other organisations/groups more involved in their work. However, some respondents reported despite Community Councils trying their best, they are uncertain how much reach their efforts have, especially with harder to reach members of the community.
Stirling Council has a role to play in supporting Community Councils with representation by offering practical suggestions, coaching and increased promotion of Community Councils. They should also respond to and resolve local issues quicker so that Community Councils do not feel disheartened.
30
Community Apathy
It’s a constant challenge to get the involvement of the community in the work of Community Councils. The wider community often only get involved when there is a contentious issue, usually planning. Some ideas as to why, range from:
Meetings being to formal/bureaucratic or divisive,
Lack of expertise, time or resources to fully engage with the wider community
Younger/working age people are too busy to get involved.
The more successful a Community Council is, the more the community just let them get on with their business.
Representation
Some Community Councils are very aware of their purpose, to be representative and to work hard to fulfil these expectations, despite the issues discussed elsewhere in this section. Successful representation depends on the integrity and enthusiasm of individual Community Councillors.
Some Community Councils give great consideration to how they represent given the variety of community issues. However, there is also another view that suggests that there is a need to make improvements in how Community Councils represent the wider community. This is to ensure that they aren’t seen as jumping on ‘bandwagons’ and not seeking the views of the majority, or become dominated by factions.
Work is needed to ensure members aren’t self‐selecting due to a shortage of candidates. Perhaps there could be a limit on the number of times people can be elected to the same role? The diversity of a community needs to be reflected in the membership or at least involved in Community Council representation.
Resources
The availability of resources is a key enabler, in successful representation and the Connect fund has been good for projects, but lacks the flexibility for reactive matters that need a quick resolution.
Having sufficient resources to be able to carry out surveys or better advertising is important. Perhaps funds should be automatically made available to Community Councils to access when needed. There can be barriers to involvement for individuals in Community Councils, such as‐ travel expenses, lack of expertise, capacity and time. These reduce the ability of a Community Council to be fully effective, but are potentially solvable by having a locally based officer providing support.
Community Council role/standing
Feedback has highlighted that a barrier to effective representation is the perception that Community Councils have very little or no power to change things (for example Planning), or to achieve the aims of residents. Consequently they have limited impact locally or no standing and find recruitment of new community councillors difficult.
31
Ideas for improvement include a budget to support the delivery of community action plans. Authorities should be more responsive and give credibility to the views of Community Councils to solve local issues.
Community Councils should be more than just representation, as they take could on responsibility for local service delivery, and have decision making ability to assign funding to local priorities.
Young People
There is an understanding for the need to involve younger people in the work of Community Councils. However, there is considerable challenges to getting younger people to become active in Community Councils. It may be that young people have many more interests, too busy working to be involved, or have moved away from their community to go to university.
Consideration has been given on how to get more young people involved, with the awareness that it shouldn’t be seen as tokenistic. Community Councils could use social media more to engage, as most young people are proud of their communities.
Could Community Council ‘service’ be linked to the Duke of Edinburgh Award scheme or Curriculum for Excellence to support the development of young people? Some High Schools are developing the idea of Senior Community Prefects which has great potential.
Community Councils should also be encouraged to build up links with organisations that already engage with these age groups as many are seeking support to help get younger people involved in their Community Council.
32
Q15 Communication
We Asked
The Community Council plays a key role in communicating with its community, elected members, local authority officers and other public bodies.
How are the current methods of communication? Are there ways in which communication could be improved?
You Said
Feedback highlighted:
Needs Improvement
Newsletter
OK
Social Media
Stirling Council
Website/Email
Comments
Needs Improvement
Some Community Councils communicate very well, but for other respondents, the methods used need to be improved to ensure greater transparency. Community Councils communicate through their minutes, which are often displayed in a prominent local site like a noticeboard.
0
5
10
15
20
25
30
35
40
45
50
NeedsImprovement
Newsletter OK Social Media Stirling Council Website/Email
Communication
33
The posting of minutes can often be slow or not updated regularly, noticeboards are sometimes in obscure locations and are not seen as a modern way to communicate. Social media and digital technology is seen as one way to make an improvement and Community Councillors need to ensure that they are responding to resident’s enquiries.
Newsletter
Community Councils are very positive about the way they communicate via newsletters and have received good feedback from residents as they are seen to be more accountable. These are often direct Community Council newsletters that are delivered to every household or articles in community magazines. However, frequency varies from monthly to a few times a year. Newsletters have resulted in more feedback from unrepresented groups within the community, but capacity to produce the newsletters is an issue as the work in producing these is huge.
OK
Feedback highlighted that some respondents Community Councils communicate effectively and they feel updated about issues.
If people want information it is easy enough to find out.
Social Media
Communication via social media is becoming increasingly important, as it allows for conversations to happen with the community. It is a way of connecting with younger members of the community, but it is recognised that this does not update everybody in the community and support may be needed.
Stirling Council
Communication to and from Stirling Council is of importance to many responders, and involvement of Elected Members in Community Councils was valued and provided an important link. However, communication to/from Community Councils and Stirling Council is an area that requires improvement.
Noted that consultation and notification of works is not always as proactive and timely as it could be, as was Community Council enquiries. Community Councils appear to prefer to contact individual officers directly, rather than go through the contact centre (possibly due to the fact that info@ does not provide acknowledgement of contact).
Advised that it is difficult to know who the best person to contact, due to various changes in personnel. Perhaps each service should have a named point of contact or a generic email address. Should there be an enquiry service similar to the one for MSP’s, MPs’?
34
A frustration for Community Councils is the lack of or slow response to queries or action on community issues. Lack of local knowledge was also raised, but this is improving with the regular attendance at meetings by Council Officers.
Highlighted that it is sometimes difficult for Officers to get in contact with Community Councils, so could they have Stirling Council email addresses to make scheduling meetings easier, and for tracking email communication.
There should be a list of key Community Council contacts that is readily available.
Website/email
Community Council websites are an important method of communication, they have a wider role in hosting information about communities and that residents need to be aware that these websites exist.
Websites should perhaps have a set template (boundary, governance, meetings, minutes, agenda etc.). Volunteers often lack the capacity or skills to create and maintain a website.
Email is a way that Community Councillors communicate with Officers and each other. Email can also be used more proactively by Community Councils to create distribution lists, so that information can be shared quickly and e‐newsletters sent out.
There should be awareness of those residents who do not use social media/digital media, so they do not become excluded from Community Council communications.
35
Q16 Resources
We Asked
Each Community Council receives an administrative grant to assist with operating costs. Other support is available e.g access to free lets in Council buildings, minute taking grant, Connect Fund etc.
How is the current level of support? Do you think the current resources support a community council to deliver its purpose?
You said
Feedback highlighted:
Linked to future role
Grants
How use resources
OK
Underfunded
Comments
Linked to future role
For some Community Council’s the level of funding should reflect any future role that they take on. If there is a delegation of powers and responsibility or other ‘place’ based way of working, then a budget and/or other resources (for example buildings) should follow this. Community Councils could have a direct say in local budget spend that solves local issues.
0
10
20
30
40
50
60
Linked to futurerole
Grants How use resources OK Underfunded
Resources
36
Grants
The Community Council Administrative Grant has not kept up with inflation and for some Community Councils this does not provide enough resources to cover volunteer expenses (mileage, printing etc.). Some Community Councillors are subsidising the Community Council.
However, the minute secretary grant is seen as beneficial but many Community Councils as have found it difficult in finding somebody to take on the role. Could this role be carried out by a Community Council member? Or the fee increased to make it more appealing?
The requirement for Community Councils to apply for additional one off grants (community pride, connect fund), whilst good to have is time consuming. Would it not be better to have a larger grant (as is the case in some other local authorities) to enable Community Councils to develop and support local projects more effectively. Community Councils must then be accountable for how these grants are used.
How use resources
For some Community Councils the issue of free lets in Council buildings removes the flexibility of meeting in a venue that better suits the needs of the Community Council. ‘Free Lets’ do not take into account the cost of opening the building, or that some Community Councils are charged when schools are ‘closed’ in the summer holidays (but are open to members of the public).
Consideration should be given to a minimum number of free lets no matter where the venue is (the actual cost of a community venue might be cheaper than the ‘free’ let in a school).
An important issue raised, is that few Community Councils publish their annual accounts in the public domain. Some Community Councils carry over considerable monies that could be used to benefit the community. Accounts should be scrutinised to ensure money is used for ‘proper’ purposes and grants only provided if a Community Council can prove it is using grants effectively.
Other support/advice given to Community Councils is highly valued and should be increased.
OK
Many respondents highlighted that the current level of Community Council funding is appropriate for their current role and responsibilities and within the context of the current economic climate. There are opportunities to apply for further grants for specific projects, if required.
Underfunded
Some Community Councils feel that they do not receive enough resources to effectively communicate/engage (website, newsletter), and or involve the underrepresented groups. Does not include childcare costs etc., hard to secure administrative support, and does not allow the flexibility to react quickly to local issues and or advertise for new members.
37
Q17 What do you think works well between the Community
Council and the Community?
You said
Feedback highlighted:
Communication Elected Members Involved/Issues Joint working Need improved Not engaged Open and Transparent Stirling Council
Comments
Communication
Good communication through community newssheets, magazines (in hard copies and
digital versions), websites, notice boards and minutes being available for the community
to read.
Building good relationships with Elected Members, Development Trusts, local businesses
and members of the public.
0
10
20
30
40
50
60
70
What works well between Community Councils & Community?
38
Bridge Of Allan is repeatedly mentioned as a model of good practice as it has excellent
relationships with the community it represents. Many members of the public attend
their meetings or interact with their website or Facebook page pre and post meetings.
Village Summits, gala days, other events and Action Plans get the community active and
working with the Community Council for the good of the community.
Giving control to Community Councils of the running of public services will in most areas
ensure more people attend.
Elected Members
Having them attend monthly meetings means you have a good relationship with at least
one Councillor. They often get things sorted quickly as they are at the meeting and can
email directly as the issue is being spoken about.
They have the ability to tackle issues head on with tact, diplomacy and fairness.
People have seen that Elected Members deal with the issue, they get answers and that
they report back at a Community Council meeting.
There is a feeling from some that no one listens to Community Councils, this depends on
the people involved
Involved/Issues
There is an understanding that Community Councils focus on local issues, by
communicating and consulting on planning. This involves a lot of work from Community
Councillors‐ very few have the capacity to do this. For many Community Councils local
issues are their main focus and are clear that they must communicate this.
Communities come forward with issues, however there is a low expectation that
anything will be achieved. Other people ignore the Community Council as they feel
nothing will get done, unless there is a big issue and then the Community Council is seen
as the last resort.
Community Council are another layer of representation to advocate on behalf of the
community, they are local people who understand and speak for locals on local issues.
Joint Working
Community Councils give the opportunity for organisations to meet the community or to
have information or consultations shared with the community. They work well with
other local groups and national organisations for the benefit of the community.
Representatives from Community Councils sit on different bodies that make a
difference.
Needs Improving
Some feel that Community Councils do not work well with their communities, they do
not represent them and they only represent their own views. They stop positive
improvements happening in their area, as it is not in their own interest, but where it
would be in the communities.
39
Community Councils need to communicate better, they are not engaging, but are still
taking grants for doing consultation and representation. Stirling Council should put
conditions on their grants, that Community Councils must prove they are being
representative.
Not Engaged
Most Community Councils do not have members of the public attending unless there is a
major issue needing dealt with.
Open and Transparent
Community Councils should be more open, transparent, visible to communities, honest and
with no hidden agendas.
Stirling Council
Community Engagement Officers making a huge difference.
Good relationships with individual officers and Councillors, however follow‐up from
Stirling Council is often lacking and Community Councils feel they are often not listened
to, ignored or irrelevant as far as the Council and the National Park are concerned.
There has been much more positive involvement with the Council being held to account
by the Community Councils
40
Q18 What do you think could be improved between the Community Council and the Community?
You said
Feedback highlighted:
Awareness/Open
Community Council role
Communication
More involved
Represent
Resources/Support
Show success
Stirling Council
Young People
Comments
Awareness
Respondents thought that Community Council meetings should be accessible to the
community by ensuring that they are relevant for the community, dates/times are widely
advertised with greater promotion of what they are about.
Community Councillors should also engage/participate more with the community and other
stakeholders to find out what the issues are and to raise awareness of the purpose of
Community Councils. Perhaps by holding open days or surgeries, this would build
confidence that Community Councils are effective bodies.
0
10
20
30
40
50
60
70
What could be improved between the Community Council & Community?
41
Community Council Role
For many respondents an improvement, would be for Community Councils to have some
‘real power’ in decision making, more resources to solve local issues and clarity of their role.
With this in place communities would take Community Councils seriously.
Communication
Communication between Community Councils and the community is vital, as this gives
greater transparency. Community Councils should consider how they are reaching all
residents within their area. The use of social media, door knocking, surveys, newsletters,
website, and email are all mentioned. Using different communication formats, Community
Councils will have greater visibility and a better view of community issues.
More Involved
There is a desire for the community to be more involved in Community Councils, to give
their views and opinions about what they would like done in their area. Perhaps residents
should be encouraged to attend one meeting a year, although this is difficult due to apathy,
not being community minded, or having the time.
Represent
Community Councils need to represent the views of the community better, both in terms of
community diversity/demographics and its geographical spread.
Resources/Support
Some Community Councils are asking for support to enable positive leadership, additional
resources for better technology and for holding more open days/surgeries. There is also a
recognition that Community Councillors do not always have the time or capacity to do all
they want to do.
Show Success
Highlighted that, if Community Councils work hard to make the community a better place to
live, achieves results and gets things done, it would encourage more people to be involved.
Stirling Council
The relationship between Stirling Council and Community Councils is important to improving
the Community Council role within communities. In particular it was suggested that, it
would be helpful if Stirling Council listened to Community Councils as they have knowledge
that can be useful.
42
There has to be a feeling of mutual respect and the slow speed of response by Stirling
Council was highlighted. Community Councils need answers to the questions, that they
asked Stirling Council.
Young People
Some Community Councils understand, that they need to get young people interested and
more involved or engaged in their activities, as they are the future. Some Community
Councils have been able to recruit a Youth Member via their local High School, but it is
difficult to sustain their involvement once it is exam time and afterwards.
43
Q19 What do you think works well between the Community Council and Stirling Council?
You said
Feedback highlighted:
Community Council Power/Role
Communication/Information
Councillors
Nothing
Stirling Council Officers
Understanding of Community Councils
Comments
Community Council Role
The general feeling is that Community Councils should have a greater role in decision
making. That there is support from Stirling Council, but that Community Councils have little
say and or input into actions taken by Stirling Council.
Communication
There were generally positive responses in terms of communication between Community
Councils and Stirling Council. Direct communication through Community Link Officers and
Elected Members is widely favoured. There was positive responses in terms of Elected
Members attending Community Councils and the support that’s received from them. It is
felt there could be a greater degree of transparency in terms of communication between
Stirling Council and the Community Council.
0
10
20
30
40
50
60
What works well between Community Councils & Stirling Council?
44
Elected Members
It’s appreciated that elected members attend Community Council meetings and that this
allows Community Councils to raise concerns and feel that they are being acted upon. It
was also noted that it was good to speak directly to Elected Members and to challenge
them. However, there is a feeling that responses vary between departments and
Councillors.
Nothing
A number of responses suggest that nothing is working well between Community Councils
and Stirling Council. Specific responses of interest were:
Meetings are held which get nowhere. “Tick the box” exercises’
‘This varies dependent of the topic/responsibility’
Luckily we have a Councillor in our village – the one useful factor’
‘Not a great deal is working well” When we object to planning it is always
granted. The roads department are so slow to work with the community’
Stirling Council Officers
There was positive feedback in terms of Officers attending and supporting Community
Council meetings with particular mention to Community Link Officers. Reference to
relationships improving between officials, departments and Community Councils.
It’s mentioned that relationships with senior staff are positive and solution focussed. Some
responses suggest there is, however room for improvement in the relationship with Stirling
Council.
Understanding of a Community Council
There is appreciation that Stirling Council understand the challenging role that Community
Councils have and that the liaison between both works well. Some responses suggest there
is good consultation before decisions are made and others disagree with this.
45
Q20 What do you think could be improved between the Community Council and Stirling Council?
You said
Feedback highlighted:
Communication Expectations of Stirling Council and the Role of Community Councils
Response time
Comments
Communication
Two way communication ensuring residents are kept up to date with information.
Feedback from meetings and consultations need to improve.
Feedback in a reasonable time.
More transparency and in particular, greater involvement by Community Councils
with Stirling Council in respect of City Deal.
Better understanding by all Council officials regarding the role of a Community
Council. Quote, “Very frustrating when issues take an eternity to be resolved and get
resolved after intervention by Elected Members’.
Easier communication with Local Authority officers.
The need to constantly chase Stirling Council for updates on progress of local
initiatives.
Staff changes make it difficult to know who to contact.
Quicker outcomes.
Talk to communities prior to making decisions that affect the community.
There needs to be a mutual feeling of respect between Community Councillors and
Council Officers.
0
10
20
30
40
50
60
70
80
90
Communication Expectations & Role SC response time
What could be improved between Community Councils & Stirling Council?
46
Communication improvement suggestions:
Welcome pack for new residents to try and engage people in the local issues.
Every team in Stirling Council should have a community liaison who would act as the
go‐to person (i.e. roads, parks, housing, waste, planning (a vital one) and education).
If this person changes then the Community Councils need to be informed or keep
this information up to date on the web.
Communication, and handling of issues. Often Community Councils register issues and the call handler fails to give reference numbers for example. When the Community Council make contact for an update, the call can't be found (so essentially doesn't exist) and the process has to start all over again.
Expectations of Stirling Council and the Role of Community Councils
Training for new Community Councillors (scheme of establishment, P12). This should
be ready to roll out immediately.
Stirling Council treat Community Councils with disrespect. Stirling Council does not
like to be told that they are getting things wrong.
All Local Authorities should be obliged to take Community Council views into
consideration.
Need direct dial numbers for named people.
Stirling Council shouldn’t rely solely on Community Councils to provide a community
view on matters, no matter what the size.
A more constructive attitude to and understanding of local issues, plus a willingness
to talk to local residents.
Better understanding by Stirling officials regarding the role of Community Councils.
Stirling Council should listen to and act upon input from Community Councils.
Community Councillors give their time for free ‐ they are not paid ‐ but have to spend considerable time chasing Stirling Council staff for things multiple times.
Stirling Council staff (who are paid to represent the people) should be duty bound to deliver what is agreed with Community Councils in a short period of time.
Attendance by Stirling Councillors at all meetings.
More visibility of the Corporate Management Team (coming to us as opposed to summonsing us to you). More meaningful consultation and not just a tick box exercise.
Community Councils should understand the bigger picture in terms of financial
resources available to be shared around the whole area. Not all problems can be
easily resolved or they may take time.
Expectations improvement suggestions:
Devolution of funding and powers from ‘local government’ to truly local
government.
The devolution of some powers to the Community Council which would perhaps
make the wider community get involved.
47
Response time
Responses from some departments to enquiries and requests for action is poor.
More feedback in a reasonable amount of time.
Changes in personnel have made directing enquiries to the correct person
difficult.
Constant chasing of Stirling Council officers for updates is ‘wearing people down’.
Swifter and more focused response to complaints about infrastructure.
Once a complaint is logged and acknowledged at [email protected] there is no
further communication and people have to chase for answers.
48
Q21 What do you think works well between the Community
Council and Elected Members?
You said
Feedback highlighted:
Attendance
Communication
Engaged
Expectations
Issues
Relationships
Support
Comments
Attendance
Community Council’s appreciated having an Elected Member at their meetings, with some
expressing that their attendance was valuable in taking forward issues and attracting the
public. A few mentioned that Link Officers were also attending.
Communication
Many responses mentioned the communication between themselves and their elected
members was good.
Engaged
Many responses highlighted that Elected Members were engaged in their communities
(some living there) and were active on their behalf in responding to issues.
0
5
10
15
20
25
30
35
40
45
What works well between Community Councils & Elected Members?
49
Expectations
A few were not so sure of the role that Elected Members had with Community Councils.
Elected members didn’t always agree with one another and could make the job of officials
more difficult by undermining their position. A few comments noted that Link Officers
were also at meetings and some asked why Community Council’s didn’t use officers.
Issues Comments suggested that Community Councils thought Elected Members, could take issues forward as they knew officers, and or could pursue actions as they had the knowledge.
Relationship
Comments suggested a value in getting to know and trusting their Elected Member.
Support
Some of the comments reflected the support Elected members gave to Community
Councils.
50
Q22 What do you think could be improved between the Community Council and Elected Members?
You said
Feedback highlighted:
Communication
Expectations
Involvement
Party Politics
Role
Comments
Communication
Comments reflected that Elected Members could be poor at communicating with one
another. It was suggested that a report on Stirling Council projects at each meeting could
be a useful step and clearer. More up‐to‐date information was also necessary.
Expectations
Comments noted the financial and resource implications of what can be done.
Involvement/Attendance
Community Council’s had a variety of experiences of Elected Members both attending and
or not attending their meetings. Comments asked for a requirement for attendance (at
least a minimum number of times). If a rota was set up, they should be informed about it.
Some felt a written report was better, while others valued the participation of their Elected
Member.
Party Politics
Some comments reflected on the issues of a non‐political Community Council and party
political Elected Members, which could be unhelpful in taking forward local problems.
0
5
10
15
20
25
Communication Expectations Involvement Party Politics Role
What could be improved between Community Councils & Elected Members?
51
Some commented that if an elected member is not in the leading party you get less
information.
Role
Some Community Councils felt some Elected Members did more than others and that a
greater transparency of their role and responsibilities was needed. There was suggestions
that some members didn’t necessarily represent all of the communities, so they needed to
be more joined up working, and to take forward the actions for all communities.
52
Q23 Any other comments?
We asked
Any other comments?
You said
Feedback highlighted:
Role
Behaviours
Impact
Devolution of decisions
Capacity
Attendance of Partners
Resourcing
Boundaries
Role Feedback has highlighted the need for Community Councils to be transparent and engage with all sectors of the community that they represent.
There is a recognition of good examples of, where Community Councils actively listen to the wider community.
A number of comments expressing the requirement for Stirling Council to respect, listen and proactively respond to community councils.
An appetite to progress the place based approach to enable effective community led priorities.
Behaviours Feedback highlighted that community councils need to adhere to the “Code of Conduct” for community councillors. It was identified that certain behaviours is causing fractions between individuals within community councils.
Impact
Feedback highlighted the value and positive impact Community Council have on addressing issues within communities, including assisting with and resolving contaminated land, contentious planning applications and emergency planning.
Some responses question, why Community Councils progress some aspects such as fundraising and social activities.
Devolution of decision
The importance of the Community Empowerment (Scotland) Act and the desire to support greater devolution to Community Councils was highlighted. However, it is recognised that
53
some Community Councils may not have the appropriate skills, or the desire to take on board the extra responsibilities. There is a fear that it may also result in the reduction of overall Council services.
Capacity Feedback highlighted the need for effective management of meetings, with officer bearers having an understanding of the role and skills to fulfil the role.
Recognition of the opportunities and benefits of peer mentoring.
Consideration should be given to the selection of volunteers, to take into account the percentage of related and or connected members, to avoid the perception of closed shops.
Attendance of Partners The benefits of partner agencies participating in Community Council meetings, such as Police Scotland, Stirling Council and Elected Members was highlighted.
Resourcing There is a desire, to have the administration grant increased for community councils.
Agencies, including Stirling Council need to remember & respect community councillors are volunteers and therefore should be supported and offered range of training opportunities.
Boundaries Feedback has highlighted concerns around increasing the size of Community Councils, as this may not address the issue of recruiting, engaging, and or sustaining Community Councillors.
One size fit may not fit all, and recognition of the different needs of the individual communities should be considered.
54
Community Council Review 2017
Overview of the
Community Council Conversation
December 2017
Stirling Council
Appendix 355
Introduction
Stirling Council is carrying out a review into the way that Community Councils function. The
review follows on from significant changes at a national level, for example the Community
Empowerment Act 2015.
As part of this review, a Community Council Conversation was held on Saturday 25
November 2017. The Conversation provided the opportunity for Community Councillors
and Elected Members to explore in depth key questions arising from the Community Council
review survey.
The information contained within these findings, along with those from the Community
Council survey, will be used to inform any future Community Council Governing documents.
Who attended?
The Community Council conversation was attended by 25 Community Councillors
representing 20 Community Councils (10 urban/10 rural). Also in attendance was
Councillors Davies, Majury, Lambie, Kane, Houston and McDonald. The conversation was
supported by 9 Stirling Council Officers.
Governance
Q1‐ what methods should be used for reporting to the public?
Community Councillors discussed and shared their experience of what they do at present:
Community Council websites to be the point of reference for all, hosting all official
documents, including finances.
Direct communication with all households via Community Council
newsletter/bulletins or accessing Community Newspapers
Displaying information in key locations in the community, e.g. noticeboards,
Community Shop, Library, Community Centre and Churches.
Digital communication through Community websites (or Community Councils own
website), use of Facebook and/or Twitter.
Some Community Councils had email addresses for all Community Councillors.
Stirling Council should manage an email database for all Community Councils.
The AGM and other public meetings should be used to report to the public
Community Councils should communicate with other local organisations, including
churches
Q2‐ whose role is it, and how should breaches of governance be addressed?
Feedback highlighted that guidance is available and that most Community Councils and the
Chair handle breaches themselves so that they are self‐policing. However, it was mentioned
that Stirling Council should be more involved in reviewing breaches of governance and more
awareness raising/training might be helpful.
56
Q3‐ should the disciplinary procedure in the Code of Conduct be strengthened?
Feedback on this question was generally that the Code of Conduct should be strengthened
with a mechanism for suspension/removal if a Community Council or Stirling Council deems
there has been a breach.
All Community Councillors should be offered training. It was acknowledged that the Chair
should be offered additional training to fulfil their role, in terms of the Code of Conduct.
It was suggested that there should be an annual review of good practice to document
compliance.
The complaints procedure should be strengthened and should also consider whether an
independent panel (made up of Community Councillors/Elected Members) should be
formed to deal with code of conduct/complaints that can’t be addressed at a Community
Council level.
Having considered this, some in attendance felt that it may be difficult to recruit Community
Councillors if these codes/procedures were over complicated.
Q4‐ Should we introduce a Declaration of Interest register?
Almost all Community Councillors who answered this question said that there should be a
Declaration of Interest register. This was seen as crucial and would assist with openness and
transparency. It was suggested that this should include membership of other organisations
and business interests. It was also noted that declaration of interest should be minuted at
each Community Council meeting. However, one community councillor believed that
because community councillors are not paid, this was not an issue.
Q5‐ What are your thoughts on fixed term appointments for Office Bearer position?
Discussion highlighted that fixed term appointments or rotation of Office Bearers is a good
idea as it prevents the Community Council becoming stale and demonstrates succession
planning. However, in practice the idea would be difficult to implement as it is difficult to
recruit new members so Community Councils do not have enough member turnover to
make this work. In smaller Community Councils it may be the case that they lose members
if they had to take on an Office Bearer role.
Q6‐ How do we strengthen the co‐option process?
All Community Councillors who answered this question believed that co‐option works and
that it could be made easier by linking this to the Annual General Meeting e.g. those who
have been co‐opted in the previous year become full members at the AGM.
57
Boundaries
Q1‐ Should the minimum number be lower for smaller Community Council areas?
Discussion highlighted that there were mixed views on the minimum number of Community
Councillors. Some thought that the minimum number should be proportional to the
population in the area (minimum reduced to 5 or 6), especially if it allows a Community
Council to survive. Maybe smaller areas need to be reviewed?
Others thought that it was not a good idea as it reduces the diversity of the Community
Council, risks cliques forming and hands power to a small number of people. Perhaps it
would be an idea to allow a temporary shortfall to occur. In all circumstances the quorum
needs to remain at 3.
Q2‐ what shape should boundaries take‐ Electoral Wards, High School catchment areas or
organised to ensure equal level of representation?
Discussion highlighted that boundaries based on individual/natural communities are very
important, especially for rural areas. Though smaller Community Councils that struggle to
retain enough members could consider joining and form wards. Any merger must only be
done with full agreement.
However, it was recognised that boundaries in urban areas are more difficult to define and
need more thought. Could they be based on GP surgery areas, school catchments or
Electoral Wards?
It was also mentioned that there needs to be a mechanism for Community Councils to share
joint working at an electoral ward level.
Q3‐ where a Community Council is not established, is there potential for neighbouring
Community Councils to absorb responsibility?
Community Councillors mostly supported this idea, but with conditions:
Only if requested by Community Councils, not imposed
With agreement from the community
As a temporary measure until next election
Has to be flexible to allow Community Councils to reform
The benefits of this approach are that it allows an area to be represented if its Community
Council is not formed and experienced Community Councillors to continue to be members
of a Community Council. It should be noted that this could lead to bias in the Community
Council if it represents another area but has no members from the absorbed area.
58
Representation
Q1‐ Are there tools e.g. The Place Standard that could be used to gather information
which would inform priorities? And where there is a local Community Plan, is there a
clearly defined role for Community Councils
Discussion highlighted the various methods that are used to inform priorities‐ such as
questionnaires, public meetings, surveys, based on complaints, talking to people, charrettes.
It is important to listen to the communities view.
The Place Standard looks useful, but Communities should be able to tailor the questions to
their community. Surveys need to be repeated every 2/3 years to drive priorities.
It was suggested that Local Community Plans are essential but they need to address all
service provision in a community that partners are responsible for. Some plans have been
developed following village summits, others through the National Park’s Community
Partnership. A challenge identified was ensuring that these are opened up to the wider
community to ensure it’s not the same people involved, it would be better if they are
developed by 2 different groups.
There was discussion that Community Councils are not fully aware of how Stirling Council
uses Local Community Plans to inform Policies or plans.
Q2‐ do Community Councils make the most effective use of sub groups and Associate
Membership?
Discussion highlighted that Community Councils use sub groups when the need arises.
These are often short term and used for specific projects, powers are detailed in the
minutes.
An area highlighted was ‘Development’ meetings where procedure/policy is discussed,
these are often approved through the private meeting process. But, does a declaration have
to be made for these types of meeting?
Associate membership was seen as useful and a way to recruit new Community Councillors.
However, it is not widely used, it needs more promotion.
Comments were also made about working with other groups in the community, e.g.
Churches, Youth Clubs.
Q3‐ Should some of the suggestions around involving young people be built into the
scheme?
Discussion highlighted that Community Councils should be open to new ways of working by
giving a voice to and involving more young people, they are the future! Community Councils
recognise that they have an older than average membership.
59
Ways for doing this include allocating seats, with some voting rights, to young people (e.g. 1
for 16‐30, 2 for 12‐16), Community Councils could also target parents to get them involved.
Networking and linkages to schools was recognised as important. It would be preferred that
this is supported by best practice guides rather than procedure.
It is also recognised that perhaps Community Councils might be intimidating to young
people, but the opportunity should be promoted as being attractive to young people as it’s
about service and developing their CV. Young people could be given specific tasks with a
defined end so that they have the satisfaction of having made a difference.
Communication
Q1‐ if a communication code and standards was to be created for inclusion in the Scheme, what would be the key components?
The way in which Community Councils communicate were highlighted‐
Noticeboards
Newsletters to all houses at least once a year
Area forum meetings (communication between Community Councils)
Website
Any communication guide would need to be guidelines, and not rules, which make recommendations that widen methods of communication. It should be a menu of options that are not too prescriptive or onerous, but set out a minimum expectation.
Some suggestions for supporting Community Councils to improve communication include: standard templates, use of non‐personal email addresses, corporate/Stirling Council website platform, annual reports, skills training, silent majority view‐ how to make decisions, how to set out media. It should be noted that many rural areas have poor broadband, so don’t rely solely on IT.
Q2‐ what would be the expectations for the code be?
A number of expectations were discussed:
there could perhaps be a minimum average number of residents that have to attend Community Council meetings
That there should be a minimum survey response required before any change gets accepted
That office bearers should have independent email addresses
How local group Communicate
There should be a welcome pack for new members
It is expected that any code to include Stirling Council
Identification of a Schools link
That there should be paper communication to all households
Guides are better than rules
60
Communication between Community Councils, Stirling Council and other partners were also highlighted:
There should actually be consultation with community Councils as they have knowledge of their areas
There should be feedback from consultations
Community Councils can support the distribution of information to the wider community
Partners do not listen to Community Council queries and do not provide feedback to close the loop.
The CCE and LandI enquires email addresses to be distributed
Resources
Q1‐ what should be included in a basic resource package for Community Councils?
A number of areas were discussed‐
Grants o Contingency/emergency funding available at short notice o Administration grant used for a larger variety of tasks o Funding for direct paper communication to households o Budget to help with engagement and be seen to do things o Grants to keep pace with inflation o Administration grant is not enough to cover travelling expenses, hall let (if no
free let available), printing/photocopying, media
Non‐financial support o Training (should training records be placed in the public domain?) o Information packs o Access to project managers, writers, help with surveys o Support with finding minute secretaries o A who’s who in Stirling Council/Directory of Council contacts o List of Stirling Council departments, their responsibilities and what they can
offer o Schedule of policies being revised in next 4 years o Schedule of Stirling Council and National Park meetings o Access to Stirling Councils IT enterprise license to access software at
preferential rates o Stirling Council email addresses for Community Councils
61
Q2‐ What accountability and scrutiny should be put in place?
From the discussions there is a feeling that perhaps the present financial standards need updating;
Would a standardised treasurer and auditing systems be helpful?
Should there be an annual review of how community Councils spend their grant money to ensure it is spent on what the community want. If not the Community Council should be reviewed, meet with Stirling Council and its grant level looked at.
The amount each Community Council receives from the administration grant and their annual accounts should be publically available
62
STIRLING COUNCIL
SCHEME FOR THE ESTABLISHMENT OF COMMUNITY COUNCILS
Contents 1. Introduction ............................................................................................................................. 2
2. Statutory Purposes ................................................................................................................ 2
3. The Role and Responsibilities of Community Councils and Individual Community Councillors ........................................................................................................ 2
4. Community Council Areas within Stirling Council Area.............................................. 3
5. Membership of Community Councils ................................................................................... 4
6. Establishment of Community Councils under the Model Scheme ............................... 4
7. Community Council Elections ................................................................................................ 4
Eligibility ........................................................................................................................................... 4
Nominations and Elections ......................................................................................................... 5
Returning Officer ............................................................................................................................ 5
Nominations .................................................................................................................................... 5
Process ............................................................................................................................................. 5
Method of Election ......................................................................................................................... 6
Filling of casual places/vacancies between elections ......................................................... 6
Co-option to Community Councils ............................................................................................ 6
Additional Membership ................................................................. Error! Bookmark not defined.
8. Equalities .................................................................................................................................. 6
9. Disqualification of Membership ......................................................................................... 7
10. Meetings ................................................................................................................................... 7
11. Liaison with Stirling Council ............................................................................................... 7
12. Resourcing a Community Council .................................................................................... 8
13. Complaints Procedure .......................................................................................................... 9
14. Liability of Community Council Members ..................................................................... 10
15. Dissolution of a Community Council .............................................................................. 10
Appendix 4a
63
1. Introduction
Community Councils were first established in Scotland following the Local Government (Scotland) Act 1973. Thereafter, the Local Government etc. (Scotland) Act, 1994, which produced the current system of unitary local authorities, made provision for the continuation of Community Councils. Under the legislation, every local community in Scotland is entitled to petition their local authority to establish a Community Council in their area.
The Scheme for the Establishment of Community Councils is designed to enable the establishment of Community Councils across the Stirling Council (“the Council”) area and to provide a common minimum basic framework governing their creation and operation.
2. Statutory Purposes
The statutory purposes of the Community Councils established under the Scheme are set out in Section 51 (2) of the Local Government (Scotland) Act 1973, as follows: -
‘’In addition to any other purpose which a Community Council may pursue, the general purpose of a Community Council shall be to ascertain, co-ordinate and express to the local authorities for its area, and to public authorities, the views of the community which it represents, in relation to matters for which those authorities are responsible, and to take such action in the interests of that community as appears to it to be expedient and practicable’’
3. The Role and Responsibilities of Community Councils
The general purpose of Community Councils is to act as a voice for their local area. This will involve them articulating the views and concerns of local people in their area on a wide range of issues of public concern and make representations to their local authority, other public sector bodies and private agencies on matters within their sphere of interest.
It is essential that these views be demonstrated to be accurately representative of the community. Accordingly, the Community Council will have in place, in consultation with the local authority, recognised consultative mechanisms to validate their views and devise strategies to secure greater involvement by all sectors of the community.
Community Councils have a statutory right to be consulted on planning applications.
Licensing matters and any other matters may also be jointly agreed between Community Councils, the Council and other public sector and private agencies.
Community Councils may carry out other activities that are in the general interests of the communities they represent, provided these activities fall within the objects of their constitution and the terms of the Council’s Scheme for the Establishment of Community Councils.
There should be mutual engagement in the establishment of working relationships with the local authority and other agencies.
In carrying out their activities Community Councils must at all times adhere to the law, the terms of the Council’s Scheme for the Establishment of Community Councils and the Community Councillors’ Code of Conduct. It should be noted that while Data
64
Protection legislation applies to Community Councils, Freedom of Information legislation does not currently apply.
Each Community Council is required to adopt a Constitution, based upon the Model Constitution (Appendix …), which has been produced for national use, together with Model Standing Orders (Appendix …), to encourage and maintain consistency for all Community Councils and to facilitate their proceedings being properly structured and regulated, to ensure that items of business relevant to the community are properly debated and decisions reached in a democratic manner. The Community Council’s Constitution is required to be approved by the Council.
Community Councils and individual Community Councillors have a duty under statute to represent the views of their local community. It is vital therefore, that they reflect the broad spectrum of opinion and interests of all sections of the community. In order to fulfil their responsibilities to be effective and representative, Community Councils and individual Community Councillors shall: -
Inform the community of the work and decisions of the Community Council by posting agendas and minutes of meetings in public places, such as libraries and notice boards and, subject to the provisions contained within current Data Protection legislation, provide contact details of Community Council members.
Agendas and draft minutes of Community Councils’ meetings must be presented to the Council within 14 days from the date of that meeting, to enable their circulation to Community Council members, relevant elected members, Council staff and other interested parties.
Seek to broaden both representation and expertise by promoting the associate membership of the Community Council to include persons with relevant knowledge or expertise for specific projects/issues.
Make particular efforts to encourage young people and other under-
represented groups to attend/participate in Community Council meetings and to ensure equality of opportunity in the way the Community Council carries out its functions.
Maintain proper financial records and present financial reports at Community
Council meetings. An example of a standard format for Community Councils’ financial recordkeeping is featured in the Guidance Notes accompanying the Scheme.
Inform the Council of any change in membership (resignations, associate
membership, etc.) and circumstances, as soon as is practicable.
The Council reserves the right to call the Community Council to account before a Conduct Review Panel, if it considers that a serious breach of this Scheme or its accompanying documents has taken place. This Panel shall consist of three Elected Members of Stirling Council and two Community Councillors.
Elected Members of Stirling Council will not sit on a Conduct Review Panel considering a matter relating to a Community Council which falls within their Ward. Community Councillors will not sit on a Panel considering a complaint relating to their own Community Council.
65
4. Community Council Areas within the Stirling Council area.
The Council has produced a list of named Community Council areas and a map that defines their boundaries. The list of Community Council areas is attached as Appendix …. to the Scheme.
5. Membership of Community Councils
There shall be minimum and maximum membership numbers of elected Community Councillors in a Community Council. Due to the diverse nature of the Council area, the Council has set its own formula for the definition of a minimum and maximum number of Community Council members in a Community Council area. The minimum/maximum membership size is included in the list of community areas attached as Appendix … to the Scheme.
The minimum age to stand for election as a Community Councillor is 16 years. Qualification for membership is by residency within the specific Community Council area. Community Councillors and candidates for Community Council membership must also be named on the electoral register for the Community Council area in which they reside.
There shall be provision made for non-voting Associate Membership for purposes as defined by each Community Council, for example, for persons under 16 years of age or where there may be a need for individuals with particular skills or knowledge.
Such persons will not be counted in terms of meeting a quorum, or towards the total number of Community Council members.
Associate members may serve for a fixed period as determined by the Community Council or for the term of office of the Community Council that has appointed them. Associate members may also include representation from other constituted local voluntary organisations
Elected members of the Council and members of the Scottish, United Kingdom and European Parliaments are entitled to become ex-officio members of Community Councils, with no voting rights.
6. Establishment of Community Councils under the Scheme
Upon the Council’s revocation of its existing Scheme for the Establishment of Community Councils and decision to make a new Scheme, it shall publish a Public Notice, which shall invite the public to make suggestions as to the areas and composition of the Community Councils. Thereafter, a consultation process shall be undertaken prior to its formal adoption by the Council.
7. Community Council Elections
Eligibility
Candidates wishing to stand for election to a Community Council must reside in the local area and be named on the Electoral Register for that area. The same criteria shall apply to voters in a Community Council election and to co-opted members of the Community Council.
66
Sixteen and 17 year-olds residing in the Community Council area and named on the Electoral Register for that area are also entitled to both stand for the Community Council and vote in any election. A supplementary electoral register may be compiled in circumstances relative to 16 and 17 year-olds and for new residents.
Any Community Council member who no longer resides within that Community Council area is deemed to have resigned from that Community Council.
Any individual who is elected to serve on the Council, or the Scottish, UK or European parliament shall be ineligible to remain a Community Councillor, or to stand for election to a Community Council. Such persons, upon taking office, become ex-officio members of the Community Councils contained in whole or in part of their electoral constituency.
Nominations and Elections
The first elections to be held under the Scheme shall be held on a date to be determined by the Council.
Subsequent elections will be held on a four-yearly-cycle, outwith local government election years, on dates to be determined by the Council. Should the Community Councils’ election cycle fall in the year of Scottish local government or parliamentary elections, the electoral proceedings will be held in the following year.
The Council will administer all elections.
Returning Officer
The Council will appoint an Independent Returning Officer. The Independent Returning Officer must not be a current elected member of that Community Council nor intending to stand for election to that Community Council.
Nominations
Individuals seeking election to a Community Council require to be nominated by a proposer and seconder, both of whom must be on the Electoral Register for that Community Council area. Nominations require to be submitted with the candidate’s consent. Self-nomination is not permitted.
Nomination forms can be obtained from the Council’s Elections Team. Nomination forms require to be submitted on the date set down in the election timetable. No forms submitted after that date will be accepted.
Process
On the expiry of the period for lodging nominations:
1. Should the number of candidates validly nominated equal or exceed HALF, but be less than or equal to the total maximum permitted membership as specified for the Community Council area in Appendix …. of the Scheme, the said candidates will be declared to be elected and no ballot shall be held.
2. Should the number of candidates validly nominated exceed the total maximum permitted membership as specified for the Community Council area, arrangements for a Poll shall be implemented. At the Poll, each voter shall be entitled to vote for candidates up to the number of vacancies on the Community Council.
67
3. Should the number of candidates elected, be below HALF of the total maximum permitted membership, as specified for the Community Council area, no Community Council will be established at that time. However, that does not preclude the local authority from issuing a second call for nominations for a Community Council area failing to meet the minimum membership requirement within six months of the closing date for the registration of the first call for nominations.
Method of Election
Elections will be based on whole Council area. Community Councils in the Council area shall be elected on the Single Transferable Vote method of election.
Filling of casual places/vacancies between elections
Casual vacancies on a Community Council may arise in the following circumstances:
When an elected Community Council member submits his/her resignation; When an elected Community Council member ceases to be resident within that
Community Council area; When an elected Community Council member has his/her membership
disqualified.
Should a vacancy or vacancies arise on a Community Council between elections, it shall be a requirement that the Community Council undertake appropriate election arrangements, in consultation with the Council. Filling a vacancy can be undertaken either through the process of an interim election or by co-option. However, should circumstances arise that lead to the number of elected Community Councillors falling below HALF of the maximum permitted membership, shall be informed and shall undertake arrangements for an interim election to be held.
Co-option to Community Councils
Co-opted members must be eligible for membership of the Community Council as detailed in Sections ……. of the Community Council Scheme. They must be elected onto the Community Council by a two-thirds majority of the elected Community Councillors present and voting. Such co-opted members shall have full voting rights, with the exception of voting on co-option of members.
Co-opted Members will serve for 12 months prior to the next Annual General Meeting of the Community Council, at which time, if they wish to do so, they will become full members of the Community Council and will serve until the next round of elections . Notice of any proposed co-option procedure is required to be intimated to all of that Community Council’s members at least 14 days prior to the meeting when the matter will be decided.
The number of co-opted members may not exceed a THIRD of the current elected Community Council membership. Should the ratio of co-opted to elected Community Councillors become greater than one third, due to any circumstances, an interim election process shall be triggered.
8. Equalities
Recognition should be given to the contribution of everyone participating in the work of the Community Council. Community Councils must comply with Equal Opportunities
68
legislation and ensure that equality of opportunity be given to every participant to have their knowledge, opinion, skill and experience taken into account.
9. Disqualification of Membership
Membership of a Community Council is invalidated should a Community Councillor’s residency qualification within that Community Council area cease to exist. If any member of a Community Council fails to attend any Community Council meeting, with or without submitting apologies, throughout a period of 6 months, the Community Council may terminate their membership. At the discretion of individual Community Councils, a period of leave of absence for Community Council members may be granted at any meeting of the Community Council.
10. Meetings
The first meeting of a Community Council following a Community Council election, will be called by an independent Returning Officer approved by the Council and will take place within 21 days of the date of the election, or as soon as practicable thereafter. The business of that meeting will include adoption of a Constitution and Standing Orders, appointment of office bearers and any outstanding business matters from the outgoing Community Council.
The frequency of meetings will be determined by each Community Council, subject to a minimum of one annual general meeting and six ordinary meetings being held each year. The Council requires an AGM to be held in April, May or June of each year at which office bearers are elected and independently audited accounts are approved.
The quorum for Community Council meetings shall be one third of the current voting membership of a Community Council, or 3 voting members, whichever is the greater.
An outline for the content of business that Community Councils should adhere to when holding ordinary, special and annual general meetings is contained within the Standing Orders (Appendix….).
At the beginning of each meeting of the Community Council, Community Councillors are required to declare any interests they may have in items of business on the Agenda. It is the responsibility of each individual Community Councillor to decide whether to declare an interest in an item. In taking this decision, Community Councillors should consider the objective test set out in the Standards Commission Code of Conduct for Local Authority Councillors when declaring an interest, which is “whether a member of the public, with knowledge of the relevant facts, would reasonably regard the interest as so significant that it is likely to prejudice the Community Councillor’s discussion or decision making in their role as a Community Councillor”.
Special meetings shall require at least 10 days public notice, called either by the Chair or on the request of not less than one-half of the total number of Community Council members. An officer of the Council has the discretion to call a meeting of the Community Council.
11. Liaison with the Council
In order to facilitate the effective functioning of Community Councils, the Council will make a commitment that each Community Council will have an identified point of contact. Unless there is a specific agreement or an issue is a specific departmental
69
issue, all correspondence between the local authority and the Community Councils should, in the first instance, be directed through this route.
Community Councils may make representations to the Council and other public and private agencies, on matters for which it is responsible and which it considers to be of local interest. Representations should be made, in the case of statutory objections, such as planning or licensing matters, to the identified point of Council contact. On issues where a Council department is consulting with Community Councils, representations should be made to the appropriate departmental officer.
Community Councils shall provide copies of their agendas and minutes within 14 days to the Council via their identified point of contact. .
12. Resourcing a Community Council
The financial year of each Community Council shall be from 1 April to 31 March in each year to allow for the proper submission of audited statement of accounts to the Community Council’s annual general meeting on a specified date.
The Annual Accounts of each Community Council shall be independently examined by an examiner appointed by the Community Council, who is not a member of that Community Council. A copy of the independently examined statement of accounts/balance sheet shall be forwarded immediately thereafter the statement is approved at the Community Council’s annual general meeting to its nominated Council point of contact, together with copy draft Minute of Annual General Meeting or other meeting at which the audited accounts are approved.
The named official may, at their discretion and in consultation with the Council’s Chief Finance Officer, request the Community Council to produce such records, vouchers and account books, as may be required.
Each Community Council shall have the power to secure resources for schemes, projects and all other purposes consistent with its functions.
Each Community Council shall be eligible to apply for grants for suitable projects through the Council’s grant system.
The Council may provide an initial administrative grant to Community Councils to assist with the operating costs of the Community Council. The grant shall be fixed at a minimum flat rate to be determined annually with an additional minimal amount per head of population.
The Council shall determine any additional support services/resourcing, such as: photocopying and distribution of Community Council minutes and agendas; and free lets of halls for Community Council meetings, to suit local requirements. The Council will review the level of annual administrative grant and other support to Community Councils following each local government electoral cycle.
The Council shall facilitate advice and assistance to Community Councils and arrange for the establishment of a training programme for Community Councils on the duties and responsibilities of Community Council office bearers the role of Community Councils the functions of the local authority and other relevant topics.
70
13. Complaints Procedure
Any person may complain to a Community Council about the conduct of the Community Council, or any of its members. All complaints shall be dealt with by the Community Council in the first instance, unless:
the complaint concerns the conduct of the Community Council as a whole, or the conduct of half or more of the Community Council members;
three or more complaints have previously been received about a particular Community Council member, or from a particular individual, during a single term of the Community Council; or
the complaint concerns the response of the Community Council to a previous complaint.
Complaints falling within one of the above categories shall be referred to a Conduct Review Panel, established by the Council.
The Community Council does not have to consider the substance of a complaint, or refer it to the Conduct Review Panel, if it decides by a simple majority that the complaint is vexatious, or that the subject matter of the complaint is substantially identical to that of a previous complaint that has been or is currently being dealt with by either the Community Council or the Conduct Review Panel.
All other complaints shall be considered by the Community Council. They shall determine complaints on the basis of a simple majority of voting members whether the subject of the complaint has failed to comply with their duties in their role as a Community Councillor. Any member who is either the subject of a complaint, or is the complainer, will not be entitled to vote when that complaint is being considered.
If the Community council is satisfied that complaint is upheld, the Community Council must either:
censure the member in question; issue a formal written warning to the member in question; suspend the member from the Community Council for up to 3 months; or where the Community Council considers it appropriate, refer the complaint to
the Conduct Review Panel for consideration and determination.
A Conduct Review Panel shall be established to deal with any complaints that are referred beyond individual Community Councils.
A Conduct Review Panel shall consist of three Elected Members of Stirling Council plus two members of Community Councils within the Council area, to which the complaint does not relate. The Conduct Review Panel will have a quorum of three, being two Elected Members and one Community Councillor. Only panel members present for all meetings in relation to a complaint can vote on the decision on that complaint.
Elected Members of Stirling Council will not sit on a Conduct Review Panel considering a complaint relating to a Community Council which falls within their Ward. Community Councillors will not sit on a Panel considering a complaint relating to their own Community Council.
If a complaint is made in respect of a decision of a Community council to impose one of the above sanctions, in respect of a previous complaint, implementation of that
71
sanction shall be suspended pending the Conduct Review Panel’s determination of the new complaint.
The Conduct Review Panel will meet to decide a complaint within 12 weeks of receipt of the complaint. Both parties will be notified if a decision cannot be reached within the 12 week timescale. The Conduct Review Panel may refer a complaint for consideration by an independent person or body if required.
A decision by the Conduct Review Panel will be reached by a simple majority. If the Conduct Review Panel is satisfied that the complaint be upheld, they must:
impose one of the above sanctions confirm the decision of the Community Council where the complaint concerns
a decision to impose one of the above sanctions; suspend the member in question from the relevant Community Council for up
to one year; remove the member from the relevant Community Council; disqualify an individual from sitting on any Community Council within the
Council area up to a maximum of the remainder of the Community Council’s term or two years, whichever is greater;
require the subject of the complaint to participate in mediation with the complainer;
in circumstances where it appears that the whole Community Council, or a significant proportion of its members have engaged in gross misconduct, recommend that the Council suspend or dissolve the Community Council.
The Council reserves the right to carry out an investigation that it considers necessary into the conduct of a Community Council or individual members of the Community Council.
14. Liability of Community Council Members
A national scheme of insurance liability cover has been arranged. The insurance liability cover becomes effective upon the Council advising the insurance underwriter of the establishment of a Community Council.
15. Dissolution of a Community Council
The terms for dissolution of a Community Council are contained within the Constitution.
Notwithstanding these terms, should a Community Council fail to hold a meeting for a period of 3 consecutive prescribed meeting dates; or its membership falls below the prescribed minimum for a period of 3 consecutive prescribed meeting dates (during which time the Community Council and the Council have taken action to address the situation), the Council shall take action to dissolve that Community Council.
72
CONSTITUTION FOR COMMUNITY COUNCILS
1. Name
The name of the COMMUNITY COUNCIL shall be ……………… (referred to as “the COMMUNITY COUNCIL” in this document).
2. Area of the Community Council
The area of the COMMUNITY COUNCIL shall be as shown on the map attached to Stirling Council’s (“the Council”) Scheme for the Establishment of Community Councils.
3. Objectives
The objectives of the COMMUNITY COUNCIL shall be:
a) to ascertain, co-ordinate and reflect the views of the community which it represents, to liaise with other community groups within the area, and to fairly express the diversity of opinions and outlooks of the people;
b) to express the views of the community to the Council for the area to public authorities and to other organisations;
c) to take such action in the interests of the community as appears to it to be desirable and practicable;
d) to promote the well-being of the community and to foster community spirit; e) to be a means whereby the people of the area shall be able to voice their
opinions on any matter affecting their lives, their welfare, their environment, its development and amenity.
4. Role and Responsibilities
In the discharge of their functions and the conduct of their business, the COMMUNITY COUNCIL and its membership shall have regard to their role and responsibilities as set out in paragraph 3 of the Scheme for the Establishment of Community Councils, approved by the Council and the Community Councillors’ Code of Conduct.
5. Membership
The COMMUNITY COUNCIL’S membership is as governed by paragraph 5 of the Scheme for the Establishment of Community Councils and as determined from time to time by the Council.
6. Method of Election
Election procedures shall be governed by the method of election laid down in paragraph 7 of the Scheme for the Establishment of Community Councils.
7. Casual Vacancies on the Community Council
Where a vacancy arises which does not result in the number of COMMUNITY COUNCILLORS falling below the minimum number as specified in paragraph 5 of the
Appendix 4b
73
Scheme for the Establishment of Community Councils, and at least 6 months has passed since the last election, the COMMUNITY COUNCIL may, if it considers it to be desirable, agree to:-
a) an extraordinary general meeting be held in order that the Community Council can agree to submit a request to the Council to hold an election to fill the vacancy (and any other outstanding vacancies), on the basis that such vacancies would be publicised, nominations invited and an election held where the number of candidates exceeded the number of places available. Such interim elections will be administered by the local authority.
b) OR c) the filling of a vacancy by co-option with voting rights to a maximum of one third
of the total current elected membership of the community council as governed by paragraph 7 of the Scheme for the Establishment of Community Councils.
d) OR
the vacancy to be left unfilled until local public interest is expressed or until the next set of regular elections.
8. Voting Rights of Members of the Community Council
The right to vote at any meeting of the COMMUNITY COUNCIL or any committee thereof, shall be held by all COMMUNITY COUNCILLORS whether elected or co-opted, but not by associate members appointed for specific issues on a temporary basis, or ex-officio members. With the exception of circumstances which may arise under the Scheme for the Establishment of Community Councils: Clause 7 – Community Council Elections [Co-option]; and Constitution: Clause 16 – Alterations to the Constitution and its Clause 17 – Dissolution, all decisions of the COMMUNITY COUNCIL will be decided by a simple majority of those eligible to vote and present and voting.
In the event of an equality of votes, the Chair shall have a casting vote.
9. Election of Office-Bearers
a) At the first meeting of the COMMUNITY COUNCIL after elections in the year when elections are held and at the Annual General Meeting in the following years , the COMMUNITY COUNCIL shall appoint a Chair, Vice Chair, Secretary, Treasurer and such other office-bearers as it shall from time to time decide.
b) All office-bearers shall be elected for one year, but shall be eligible for re-election. It is recommended, where possible, that office-bearers do not exceed a two-year term.
c) Without the express approval of the local authority, no one member shall hold more than one of the following offices at any one time: Chair, Vice Chair, Secretary or Treasurer.
10. Committees of the Community Council
The COMMUNITY COUNCIL may appoint representatives to committees of the COMMUNITY COUNCIL; and shall determine their composition, terms of reference, duration, duties and powers.
11. Meetings of the Community Council
74
a) The quorum for COMMUNITY COUNCIL meetings shall be at least one third of the current eligible voting membership, or 3 eligible voting members, whichever is the greater.
b) Once in each year in the months of April, May or June the COMMUNITY COUNCIL shall convene an annual general meeting for the purpose of receiving and considering the Chair’s annual report on the COMMUNITY COUNCIL, the submission and approval of the independently examined annual statement of accounts and the appointment of office bearers.
c) Including the annual general meeting, the COMMUNITY COUNCIL shall meet not less than 7 times throughout the year.
d) Dates, times and venues of regular meetings of the COMMUNITY COUNCIL shall be fixed at the first meeting of the COMMUNITY COUNCIL following ordinary elections and thereafter at its annual general meeting. Special meetings shall require at least 10 days public notice, either called by the Chair, or on the request of not less than one-half of the total number of COMMUNITY COUNCIL members. An officer of the Council has the discretion to call a meeting of the COMMUNITY COUNCIL.
e) Copies of all minutes of meetings of the COMMUNITY COUNCIL and of committees thereof shall be approved at the next prescribed meeting of the COMMUNITY COUNCIL, but the draft minute shall be circulated within 14 days from the date of that meeting, to COMMUNITY COUNCIL members and the Council’s identified Council Contact for the COMMUNITY COUNCIL.
f) The COMMUNITY COUNCIL shall abide by its Standing Orders for the proper conduct of its meetings.
g) The COMMUNITY COUNCIL has a duty to be responsive to the community it represents. Should the COMMUNITY COUNCIL receive a written request (petition), signed by at least 20 persons resident within the COMMUNITY COUNCIL area to convene a special meeting for a particular matter or matters to be debated, it shall call such a meeting, within 14 days of receipt of such a request and advertise it in the manner prescribed locally for special meetings called by the COMMUNITY COUNCIL.
h) The COMMUNITY COUNCIL can meet to discuss items of business in private where it considers it appropriate to do so, but this should only be in exceptional circumstances. The decision to meet in private will be agreed in advance and decided by a majority vote. Notice of such a meeting will be given to the public in the usual way. However, the Notice will record that the meeting, or a part thereof, shall be held in private.
12. Public Participation in the Work of the Community Council
a) All meetings of the COMMUNITY COUNCIL and its committees (subject to 11(h), above) shall be open to members of the public. Proper provision is to be made for the accommodation of members of the public and the opportunity should be afforded at each meeting to permit members of the public to address the COMMUNITY COUNCIL, under the guidance of the Chair.
b) Notices calling meetings of the COMMUNITY COUNCIL and its committees shall be posted prominently within the COMMUNITY COUNCIL area for a minimum period of ten days before the date of any such meeting, and, where possible, be advertised by other suitable means.
13. Information to the Council
The Council’s identifed officer shall be sent an annual calendar of the COMMUNITY COUNCIL’S prescribed meeting dates, times and venues (which should be agreed at
75
the COMMUNITY COUNCIL’S annual general meeting), minutes of all meetings, the annual report, the annual financial statement and any other such suitable information, as may from time to time be agreed between the COMMUNITY COUNCIL and the Council. When special meetings of the COMMUNITY COUNCIL are to be held, the Council’s identified officer should be advised of the date, time venue and subject(s) of debate of such meetings, at least 10 days in advance of the meeting date.
14. Control of Finance
a) All monies raised by or on behalf of the COMMUNITY COUNCIL or provided by the Council and other sources shall be applied to further the objectives of the COMMUNITY COUNCIL and for no other purpose. The monies provided by the Council in the annual Administrative Grant for administrative and other approved purposes shall be used only as prescribed. Monies raised from other sources may be used in accordance with the terms of this provision (so long as they are consistent with the objectives of the community council), or in the absence of such terms, for the furtherance of the objectives of the COMMUNITY COUNCIL.
b) The treasurer shall undertake to keep proper accounts of the finances of the community council.
c) Any two of three authorised signatories, who would normally be office-bearers of the community council, may sign cheques on behalf of the COMMUNITY COUNCIL. Authorised signatories may not be cohabitees.
d) A statement of accounts for the last financial year, independently examined by an examiner appointed by the COMMUNITY COUNCIL, who is not a member of this COMMUNITY COUNCIL, shall be submitted to an annual general meeting of the COMMUNITY COUNCIL and shall be available for inspection at a convenient location.
e) The financial year of the COMMUNITY COUNCIL shall be from 1 April until 31 March the succeeding year. Examined accounts as received and approved by the COMMUNITY COUNCIL at the annual general meeting shall be submitted to the local authority following approval at the community council’s annual general meeting.
15. Title to Property
Property and other assets belonging to the COMMUNITY COUNCIL shall be vested in the Chair, Vice Chair, Secretary and Treasurer of the COMMUNITY COUNCIL and their successors in these respective offices.
16. Alterations to the Constitution
Any proposal by the COMMUNITY COUNCIL to alter this Constitution must be first considered by a meeting of the COMMUNITY COUNCIL and the terms of the proposal to alter the Constitution shall be stated on the notice calling the meeting, which shall be issued not less than 10 days prior to the meeting. Any proposed alterations may not prejudice the terms and objectives contained within the Scheme for the Establishment of Community Councils.
If the proposal is supported by two-thirds of the total voting membership of the COMMUNITY COUNCIL and is approved in writing by the Council, the alteration shall be deemed to have been duly authorised and can then come into effect.
17. Dissolution
76
If the COMMUNITY COUNCIL by a two-thirds majority of the total voting membership decides at any time that on the grounds of expense or otherwise it is necessary or advisable to dissolve, it shall agree a date for a public meeting to be held to discuss the proposed resolution to dissolve. It is a requirement that not less than 10 days prior to the date of such meeting a public notice be given by means of notification in the local newspaper. If the resolution is supported by a majority of those persons present and qualified to vote and is approved by the Council, the COMMUNITY COUNCIL shall be deemed to be dissolved and all assets remaining, subject to the approval of the Council, after the satisfaction of any proper debts or liabilities shall transfer to the Council, who shall hold same in Trust for a future COMMUNITY COUNCIL representing that area.
In the event that the COMMUNITY COUNCIL is dissolved under the above procedure, and 20 or more electors subsequently wish the reestablishment of a COMMUNITY COUNCIL for the area, these electors shall submit a requisition to the Council in accordance with Section 52(7) of the Local Government (Scotland) Act 1973, on receipt of which the Returning Officer shall arrange for elections to be held in accordance with the Scheme for the Establishment of Community Councils.
Where for any reason, the number of COMMUNITY COUNCIL members falls below the minimum specified in the Scheme for the Establishment of Community Councils the Council may, by suspending the Constitution of the COMMUNITY COUNCIL, cause the COMMUNITY COUNCIL to be dissolved and in this event, the procedures for the establishment of a new COMMUNITY COUNCIL being those identified in the immediately preceding paragraph hereof, shall be initiated.
18. Approval and adoption of the Constitution
This Constitution was adopted by .........…………….........................
COMMUNITY COUNCIL, on
...................................................................
Signed: Chair
.........................................................
......................................................... Member
......................................................... Member
......................................................... Date
and was approved on behalf of Stirling Council on
.........................................................
......................................................... Signed
......................................................... Date
77
78
STIRLING COUNCIL
COMMUNITY COUNCIL STANDING ORDERS
1. Meetings (all held in public)
(a) Ordinary meetings of the COMMUNITY COUNCIL shall be held in the months of..................................................... [to be entered]. Special Meetings may be called at any time on the instructions of the Chair of the community council; on the request of not less than one-half of the total number of COMMUNITY COUNCIL members; or the receipt of a common written request (petition), signed by at least 20 persons, resident within the COMMUNITY COUNCIL area, to convene a special meeting for a particular matter or matters to be debated, it shall call such a meeting. A special meeting shall be held within 14 days of the receipt of the request made to the Secretary of the COMMUNITY COUNCIL. Annual general meetings are held annually.
(b) The notice of ordinary and annual general meetings of the COMMUNITY COUNCIL, featuring the date, time and venue, shall be provided to each COMMUNITY COUNCIL member and the local authority’s named official by the Secretary of the COMMUNITY COUNCIL, at least 10 days before the date fixed for the meeting.
2. Minutes
Minutes of the proceedings of a meeting of the COMMUNITY COUNCIL shall be drawn up within 14 days from the date of that meeting, distributed in accordance with section 3 of the Scheme for the Establishment of Community Councils and shall, following their approval, be signed at the next meeting of the COMMUNITY COUNCIL by the person presiding thereat and retained for future reference.
3. Quorum
A quorum shall be one-third of the current voting membership of the COMMUNITY COUNCIL, or 3 voting members, whichever is the greater.
4. Order of Business
(i) Ordinary Meeting
The order of business at every ordinary meeting of the COMMUNITY COUNCIL shall be as follows: -
(a) Recording of membership present and apologies received. (b) Recording of any declarations of interest in items of business on the Agenda. (c) The minutes of the last meeting of the COMMUNITY COUNCIL shall be
submitted for adoption. (d) Any other item of business, which the Chair has directed, should be considered. (e) Any other competent business. (f) Questions from the floor. (g) Chair to declare date of next meeting and close meeting.
Appendix 4c
79
(ii) Annual General Meeting
It will not be uncommon that the COMMUNITY COUNCIL has arranged for an ordinary meeting of the COMMUNITY COUNCIL to begin at the close of the annual general meeting, to enable any outstanding reporting on business matters to be heard; and for COMMUNITY COUNCIL members and members of the public to have an opportunity to bring matters to the attention of the COMMUNITY COUNCIL, possibly for inclusion on a future agenda.
The order of business at every annual general meeting of the COMMUNITY COUNCIL shall be as follows: -
(a) Recording of membership present and apologies received. (b) The minutes of the last annual general meeting of the COMMUNITY (a) COUNCIL shall be submitted for adoption. (b) Chair’s Annual Report (and questions from the floor). (c) Secretary’s Annual Report (and questions from the floor). (d) Treasurer’s submission of Balance Sheet and Annual Accounts duly
independently examined and certified correct (and questions from the floor). (e) Demit of current office bearers/election of office bearers. (f) Chair to declare date of next annual general meeting and close meeting.
(iii) Extraordinary General Meeting
The order of business at every extraordinary general meeting of the COMMUNITY COUNCIL shall be as follows: -
(a) Recording of membership present and apologies received. (b) Business for debate, as described in the calling notice for the special meeting. (c) Chair to close meeting.
5. Order of Debate
(a) The Chair shall decide all questions of order, relevancy and competency arising at meetings of the COMMUNITY COUNCIL and his/her ruling shall be final and shall not be open to discussion. In particular, the Chair shall determine the order, relevancy and competency of all questions from the public in attendance at meetings of the COMMUNITY COUNCIL raised at 4, above. The Chair in determining the order, relevance and competency of business and questions shall have particular regard to the relevance of the issue to the community and ensure that the discussion and proceedings are conducted in such a manner that decisions are reached in a democratic manner. The Chair shall have the power, in the event of disorder arising at any meeting, to adjourn the COMMUNITY COUNCIL meeting to a time he/she may then, or afterwards, set.
(b) Every motion or amendment shall be moved and seconded. (c) After a mover of a motion has been called on by the Chair to reply, no other
members shall speak to the question. (d) A motion or amendment once made and seconded shall not be withdrawn
without the consent of the mover and seconder thereof.
80
(e) A motion or amendment which is contrary to a previous decision of the COMMUNITY COUNCIL shall not be competent within six months of that decision.
6. Voting
(a) Voting shall be taken by a show of hands of those present and eligible to vote, with the exception that, at an annual general meeting, the election of office bearers may be held by secret ballot.
(b) Where there is an equality of votes, the Chair shall have a casting vote as well as a deliberative vote.
7. Alteration of Standing Orders
A proposal to alter these Standing Orders may be proposed to the local authority to be altered or added to at any time by the COMMUNITY COUNCIL, provided that notice of motion to that effect is given at the meeting of the COMMUNITY COUNCIL previous to that at which the motion is discussed. The local authority shall have final discretion on any proposed change.
(Above included in Constitution)
9. Suspension of Standing Orders
These Standing Orders shall not be suspended except at a meeting at which three-quarters of the total number of COMMUNITY COUNCIL members are present and then only if the mover states the object of his motion and if two thirds of the COMMUNITY COUNCIL members present consent to such suspension.
81
82
STIRLING COUNCIL
CODE OF CONDUCT FOR COMMUNITY COUNCILLORS
This Code of Conduct for Community Councillors is based largely on the Code of Conduct for local authority Councillors and relevant public bodies as provided for in the Ethical Standards in Public Life etc (Scotland) Act 2000. Community Councillors, as elected representatives of their communities, have a responsibility to make sure that they are familiar with, and that their actions comply with, the principles set out in this Code of Conduct. The Code of Conduct and its principles shall apply to all Community Councillors and those representing the Community Council. These principles are as follows:-
Service to the Community (Public Service) Selflessness Integrity Objectivity Accountability and Stewardship Openness Honesty Leadership Respect
Service to the Community As a Community Councillor you have a duty to act in the interests of the local community, which you have been elected or nominated to represent. You also have a duty to act in accordance with the remit of the Council’s Scheme for the Establishment of Community Councils, as set out by Stirling Council (“the Council”) under the terms of the Local Government (Scotland) Act 1973. You have a duty to establish and reflect, through the Community Council, the views of the community as a whole, on any issue, irrespective of personal opinion. You should ensure that you are, within reason, accessible to your local community and local residents. Various mechanisms to allow the general community to express their views, i.e. suggestion boxes, community surveys, opinion polls should, where possible, be made available. Selflessness You have a duty to take decisions solely in terms of the interest of the community that you represent. You must not use your position as a
Appendix 4d
83
Community Councillor to gain financial, material, political or other personal benefit for yourself, family or friends. Integrity You must not place yourself under any financial or other obligation to any individual or organisation that might reasonably be thought to influence you in your representation of your community. If you have any private and/or personal interest in a matter to be considered by the Community Council, you have a duty to declare this and, if deemed necessary by other members, withdraw from discussions and the decision making process with regard to that matter. You should not accept gifts or hospitality that may be seen to influence or be intended to influence your opinion or judgement. The offer and/or receipt of any gifts, regardless of form, should always be reported to and noted by the Secretary of the Community Council. Objectivity In all your decisions and opinions as a Community Councillor, you must endeavour to represent the overall views of your community, taking account of information which is provided to you or is publicly available, assessing its merit and gathering information as appropriate, whilst laying aside personal opinions or preferences. You may be appointed or nominated by your Community Council to serve as a member of another representative body. You should ensure that this Code of Conduct is observed when carrying out the duties of the other body. You are free to have political and/or religious affiliations; however you must ensure that you represent the interests of your community and Community Council and not the interests of a particular political party or other group. Accountability and Stewardship You are accountable for the decisions and actions that you take on behalf of your community through the Community Council. You must ensure that the Community Council uses its resources prudently and in accordance with the law. Community Councillors will individually and collectively ensure that the business of the Community Council is conducted according to the Council’s Scheme for the Establishment of Community Councils and this Code of Conduct. Community Councils will individually and collectively ensure that annual accounts are produced showing the financial undertakings of the Community Council as set out in the Council’s Scheme for the Establishment of Community Councils. They must also ensure that all resources are used
84
efficiently, effectively and fairly and are used strictly for the purpose of Community Council business and for no other purpose. Minutes of Meetings recording all actions and decisions made should be produced and circulated to all members of the Community Council 14 days after each meeting. Any breach of the Council’s Scheme for the Establishment of Community Councils as set out by the Council under the terms of the Local Government (Scotland) Act 1973 may be reported to the Council to determine what action, if necessary, should be taken. Openness You have a duty to be open about your decisions, actions and representations, giving reasons for these where appropriate. You should be able to justify your decisions and be confident that you have not been unduly influenced by the views and/or opinions of others. If you have dealings with the media, members of the public, or others not directly involved in your Community Council, you should ensure that an explicit distinction is made between the expression of your personal views and opinions from any views or statement made about or on behalf of the Community Council. Honesty You have a duty to act honestly. You also have an obligation to work within the law at all times. You must declare any private interest relating to your Community Council duties and take steps to resolve any conflicts arising in a way that protects the interest of the community and the Community Council. Leadership You have a duty to promote and support the principles of this Code of Conduct by leadership and example, to maintain and strengthen the community’s trust and confidence in the integrity of the Community Council and its members in representing the views and needs of the local area. You must also promote social inclusion and challenge discrimination in any form. You should act to assist the Community Council, as far as possible, in the interest of the whole community that it serves. Where the concerns of any particular interest group may be in conflict with those of other groups or other areas you should help to ensure that the Community Council is aware of them. Respect You must respect fellow members of your Community Council and those that you represent, treating them with courtesy, respect and in a non-discriminatory manner at all times. This should extend to any person, regardless of their position, you have dealings with in your capacity as a Community Councillor.
85
Recognition should be given to the contribution of everyone participating in the work of the Community Council. You must comply with Equal Opportunities legislation and ensure that equality of opportunity be given to every participant to have their knowledge, opinion, skills and experience taken into account. You should ensure that confidential material, including details about individuals, is treated as such and that it is handled with dignity and discretion and is not used for personal, malicious or corrupt purposes. Sanctions Sanctions which can be applied to Community Councillors who breach the terms of this Code of Conduct areas follows: 1. Written notification of the nature of the conduct giving cause for
concern and advice as to the additional sanctions which could be imposed if continued or further misconduct occurs;
2. Suspension for a period of between 1 and 3 meetings of the Community
Council; or 3. Disqualification for a period not exceeding three years from being or
being nominated for election as, or from being elected as, a Community Councillor.
86
Appendix 5
Community Council Proposals
Arnprior No changes proposed.
Balfron No changes proposed.
Balquhidder No changes proposed.
Bannockburn Add whole of Hillpark & Milton back to Bannockburn (see Option 1 for H&M below).
Borestone Add area from Broomridge (see below).
Add area from Hillpark & Milton (Option 2 for H&M, see below)
Braehead & District Add area from Broomridge (see below).
Add area from Hillpark & Milton (Option 2 for H&M, see below)
Bridge of Allan Move University area to Causewayhead.
Broomridge No changes to boundaries
or
Move area south of Bannockburn Road to Borestone.
Move area north of Bannockburn Road to Braehead.
Currently no returned CC.
Buchanan Move area of Buchanan Castle Estate to Drymen.
Buchlyvie No changes proposed.
Callander No changes proposed.
Cambusbarron No changes proposed.
Cambuskenneth Move Manor Powis area to Logie.
Carron Valley & District No changes proposed.
Causewayhead Add University Area (currently under Bridge of Allan).
Cornton No changes proposed.
Cowie No changes proposed.
Croftamie No changes proposed.
Drymen Add area of Buchanan Castle Estate (currently under Buchanan)
Dunblane No changes proposed.
Fintry No changes proposed.
Gargunnock No changes proposed.
Gartmore No changes proposed.
87
Hillpark & Milton No changes to boundaries
or
2 options:-
Option 1 – Return whole area back to Bannockburn.
Option 2 – Move area south of Glasgow Road to Borestone, and area north of Glasgow Road to Braehead.
Currently no returned CC.
Killearn No changes proposed.
Killin No changes proposed.
Kilmadock No changes proposed.
Kings Park No changes proposed.
Kippen No changes proposed.
Logie Add Manor Powis area (currently under Cambuskenneth).
Mercat Cross & City Centre No changes proposed.
Plean No changes proposed – currently no returned CC.
Polmaise No changes proposed.
Port of Menteith No changes proposed.
Raploch No changes proposed.
Riverside No changes proposed.
Strathard No changes proposed.
Strathblane No changes proposed.
Strathfillan No changes proposed.
Thornhill & Blairdrummond No changes proposed.
Throsk No changes proposed.
Torbrex No changes proposed.
Trossachs No changes proposed.
88
89
90
91
92
93
94
95
96
97
98
99
100