Issue - meetings

LOCHGOIL COMMUNITY COUNCIL - COMPLAINT REFERRAL

Meeting: 28/08/2023 - Community Council Conduct Review Panel (Item 4)

LOCHGOIL COMMUNITY COUNCIL - COMPLAINT REFERRALS

Report by Committee Manager, Legal and Regulatory Support

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Minutes:

The Community Council Liaison Officer had received 3 separate complaints in relation to the conduct of Lochgoil Community Council under paragraph 13.2.1 of the Scheme for the Establishment of Community Councils in Argyll and Bute 2022.

Prior to the consideration of business, the Committee Manager advised that in terms of the procedural information provided on pages 4 , 5 and 6 of the agenda pack, the panel required to deal with some preliminary matters prior to the consideration of the detail of the 3 complaints before them.

Referring to paragraph 5.2.3 of the report, the Committee Manager advised that having reviewed the request from the Community Council for confirmation of the identity of the complainant in Complaint 1, it was recommended that the anonymity of the complainant was maintained as the complaint related to a procedural matter. The Panel agreed the recommendation that the anonymity of the complainant be maintained.

Referring to paragraph 5.2.4 of the report, the Committee Manager advised that the Community Council had raised concern over one aspect of Complaint 1 which referred specifically to the conduct of one Community Councillor and not the Community Council as a whole, noting that this did not fall under one of the categories that would allow the Panel to consider it at this stage. The Committee Manager asked the Panel to consider this particular aspect of complaint 1, specifically whether it be referred back to the Community Council for consideration. The Panel agreed to refer that aspect of complaint 1 back to the Community Council for consideration.

Referring to paragraph 5.4.2 of the report the Committee Manager advised that there had been a request from the Community Council that the part of complaint 3 suggesting that the theft and vandalism of the complainants’ brown tourist signs was related to the Community Council Meeting held on 13 February 2023 and / or the publication of a resignation letter be ignored due to concern that this was a serious matter which could adversely affect the reputations of members of the new Community Council. The Committee Manager asked the Panel to consider the request from the Community Council that the Panel exclude this part of Complaint 3 from their consideration as there were other avenues in which this aspect of the complaint be dealt with. The Panel agreed to exclude this part of the complaint from their consideration of Complaint 3.

Having assumed the role of Chair, Councillor McCabe advised that her first task was to establish whether members of the Panel had sufficient information before them to discuss and determine the subject of the complaint. The Panel agreed that they had sufficient information before them to discuss and determine the subject of the complaint.

Having determined that they had sufficient information before them to reach a view on the grounds of the referrals, the Panel proceeded to discuss and determine whether the Community Council, on the balance of probabilities, had failed to comply with and abide by the terms of the Scheme of the Establishment of Community Councils, the constitution of Lochgoil Community Council and the Code of Conduct for Community Council Members. A summary of each complaint was provided together with a response from the Community Council for ease of reference.

Complaint 1 related to the conduct of half or more of Lochgoil Community Council and the way in which the Community Council had dealt with a planning application by Loch Long Salmon which had been considered by Loch Lomond and the Trossachs National Park Authority. There were 9 parts to Complaint 1 with a summary of the complaint and the response from the Community Council detailed at Appendix 2.1 of the submitted report.

Complaint 2 related to the conduct of half or more of Lochgoil Community Council and had been submitted by a representative of Loch Lomond Salmon. The complaint referred to the way in which the Community Council had dealt with a planning application by Loch Long Salmon which had been considered by Loch Lomond and the Trossachs National Park Authority. There were 3 parts to Complaint 2 with a summary of the complaint and the response from the Community Council detailed at Appendix 3.1 of the submitted report.

Complaint 3 related to the conduct of Lochgoil Community Council as a whole and covered a number of issues relating to the conduct of the Community Council. There were 7 parts to Complaint 3 with a summary of the complaint and the response from the Community Council detailed at Appendix 4.1 of the submitted report.

In relation to complaint 1, the Panel had further discussion around the identity of the complainant with specific reference to point 1.3 noting that if the complainant was a Community Councillor they could have attended the private meeting. In terms of the procedure, the Adviser noted that if the Panel were minded they could request further information to be supplied to assist in their deliberations. The Panel agreed that they could make a determination without requesting further information.

Following consideration of the 3 complaints before them, and the determination of whether the Community Council’s conduct was in breach of the terms of the Scheme of the Establishment of Community Councils, the constitution of Lochgoil Community Council and the Code of Conduct for Community Council Members; the Panel were invited to impose appropriate sanctions as set out in Clauses 13.5.1 to 13.5.3 or Clauses 13.12.3 to 13.12.6 of the Establishment of the Scheme of Community Councils.

Decision

1. The Community Council Conduct Review Panel having determined whether the Community Council, on the balance of probabilities, had failed to comply with and abide by the terms of the Scheme of the Establishment of Community Councils, the constitution of Lochgoil Community Council and the Code of Conduct for Community Council Members in relation to each aspect of the 3 complaints before them, agreed the following –

Complaint 1

The Panel agreed that the grounds of the complaint were substantiated as it was clear from the minutes and the ... view the full minutes text for item 4

Meeting: 10/10/2022 - Community Council Conduct Review Panel (Item 4)

LOCHGOIL COMMUNITY COUNCIL - COMPLAINT REFERRAL

Report by Committee Manager, Legal and Regulatory Support

Additional documents:

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Minutes:

Prior to the consideration of business, the Committee Manager advised of emails he had received from Ms Susanna Miller and Mr Peter Booth regarding information contained within the Supplementary Agenda Pack. It was established from the Review Panel that they would like to take these emails into consideration and a copy of the submissions were circulated.

At this point it was noted that the Chair had left the call. Having established that Councillor Hampsey was having technical difficulties remaining in the meeting, the Review Panel agreed to appoint a new Chair.

It was unanimously agreed to appoint Councillor Mark Irvine as Chair of this Conduct Review Panel.

Having assumed the role of Chair, Councillor Irvine advised that his first task was to establish whether members of the Panel had sufficient information before them to discuss and determine the subject of the complaint. The Panel agreed that they had sufficient information before them to discuss and determine the subject of the complaint.

It was noted that the Council had received 3 complaints in relation to the conduct of Lochgoil Community Council. As the complaints referred to the whole Community Council they had been referred to the Conduct Review Panel.

Consideration was given to a report providing information on the detail contained within the complaints, the response to the complaints from the Community Council and detail on the procedure to be followed by the Panel in terms of dealing with the referral.

The complaints centred around the handling of a response to a Planning Application which was currently under consideration by the Loch Lomond and Trossachs National Park Authority. The application related to planning permission for the installation of a marine fish farm and associated development including shore base, slipway and pontoon and road upgrades at Beinn Reithe, Loch Long.

Each complainant had agreed that the substance of the complaints could be summarised as follows and the Review Panel considered each of these in turn.

a) The Community Council did not carry out a proper consultation to objectively ascertain and reflect the views of the community in regard to this Planning Application.

b) Following the calling of a special meeting of the Community Council to discuss the application, the Community Council submitted a response to the Planning Authority which did not reflect the outcome of this meeting.

c) Requests for the special meeting to be held on a Hybrid basis were not taken forward, which excluded a number of members of the community who had expressed a wish to attend.

Decision

Having considered the information before them, the Community Council Conduct Review Panel agreed that the complaints submitted by Ms Susanna Miller, Mr Peter Booth and Ms Emma Lawrence had not been substantiated and were therefore not upheld.

Due to technical difficulties, Councillor Amanda Hampsey left the meeting prior to the conclusion of this meeting.

(Reference: Report by Committee Manager dated 10 October 2022, submitted, email from Ms Susanna Miller dated 6 October 2022 and email from Mr Peter Booth dated 10 October 2022, tabled)