LOCHGOIL COMMUNITY COUNCIL - COMPLAINT REFERRALS
Report by Committee Manager, Legal and Regulatory Support
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Additional documents:
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 Â鶹Ãâ·Ñ°æ 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.Ìý
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.Ìý
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.Ìý 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.Ìý 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.Ìý 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.Ìý 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.Ìý 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.Ìý 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
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LOCHGOIL COMMUNITY COUNCIL - COMPLAINT REFERRAL
Report by Committee Manager, Legal and Regulatory Support
:
Additional documents:
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.Ìý 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.Ìý Having established that Councillor Hampsey was having technical difficulties remaining in the meeting, the Review Panel agreed to appoint a new Chair.Ìý
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.Ìý 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.Ìý 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.Ìý 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)
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