DUMFRIES AND GALLOWAY COUNCILegenda.dumgal.gov.uk/aksdumgal/images/att3610.pdf · DUMFRIES AND GALLOWAY COUNCIL Meeting of Wednesday 21 December 2005 at 10.30am in Council Offices,

Minute Minute

DUMFRIES AND GALLOWAY COUNCIL Meeting of Wednesday 21 December 2005

at 10.30am in Council Offices, English Street, Dumfries

Members Andrew R Campbell (Convener)

Robert J Higgins (Depute Convener) John Agnew

Ian Callander Christopher H Carruthers

Brian D Conchie James H Dempster

Michael Dickie Grahame A Forster

AI istai r Geddes Beth Gordon

Allan Graham Roger B Grant Alfred Hannay

Bruce Hodgson Thomas E Holmes

lvor A Hyslop William Little

Thomas A McAughtrie George L McBurnie

Sandra McDowall Neil McKay

David J McKie Marjory 0 McQueen

Jane S Maitland Denis R Male

Sean W Marshall Joan Mitchell

Ronnie Nicholson Ronald E Ogilvie

Wilma R Paterson George N Prentice

Willie Scobie Thomas K Sloan

Tony Turner Lord Vaux of Harrowden

Allan G Wright

- Castle Douglas - Urr - Stranraer East - RhinsNorth - Lochvale - Hoddom and Kinmount - Georgetown - Sanquhar and District - Lochmaben - Rhins South - Whithorn - Lochar - Solway Border - Moffat - Maxwelltown - Criffel - Loreburn - Nithsdale East - Caerlaverock - Troqueer - Palmerston - Wigtown - Mid Nithsdale - Lincluden - Lockerbie and Upper Annandale - Kirkcudbright - Bengairn - Langholm and Upper Eskdale - Chapelcross - Cree - Lochside - AnnanEast - AnnanWest - Stewartry North - Stranraer South - Stranraer North - Annan Central - Stewartry West - Cairn Valley

Apologies

Kenneth Cameron - Heathhall Kathleen Davidson - Dalbeattie - Craignair

Helen F Bell - Dalbeattie - Milton

John W Forteath - Marchmount

Minute 21 December 2005 Minute

Patsy Gilroy - Kirkcudbright - Tarff

Ian Lindsay - Canonbie and Kirtle

Jock Purdie - Castle Douglas - Dee Lavinia Vaughan - Dryfe and Lockerbie East

Moses 0 Kungu - Kirkconnel

Fred BMurray - Luce

Alex Haswell Group Manager Corporate Support & Governance


1. PRAYER

The meeting was opened with prayer by Reverend Dr. Louis Bezuidenheit of Kirkmichael, Tinwald and Torthorwald.

2. SEDERUNT AND APOLOGIES

35 Members present, 10 apologies.

2A BUDGET SETTING TIMETABLE

In response to a question from Thomas K Sloan the Convener confirmed that if possible consideration would be given to making the budget for 2006/07 available in advance of Council Tax setting day on 9 February 2006.

Member - Alfred Hannay entered the meeting - 36 Members present

3. MINUTE OF MEETING OF FULL COUNCIL - 1 NOVEMBER 2005

Decision

3.1 APPROVED - Andrew R Campbell and Robert J Higgins;

3.2 The following questions were put and answered.

Questions on Minute of Meeting of Full Council of I November 2005.

Page No. 7594 Item 12.1 Potential Redundancies at Helmet Integrated Systems

3.2.1 Willie Scobie: can Members be advised on the current position and on whether contact has been made directly with Helmet

Peter Bulmer: Following the motion to Full Council in respect of the above the following actions have been taken:

Scottish Enterprise have begun the process to review all of their available company databases to produce a more up to date profile of all manufacturing companies in Wigtownshire; The Council’s Economic Regeneration Unit were assisting with this process by feeding into the database information they were aware of (eg FFB, Chamber of Commerce); The results of this exercise will be to identify where strength and weaknesses in this sector existed; It was anticipated that some kind of event would be held early in the new year for the manufacturing sector in order to drill further down into the issues they faced; The responses from partner agencies would then be fitted in with the development of the Rhins Renewal Strategy currently being developed.

This would be raised through the Rhins Renewal Action Group and it was anticipated that this would be discussed at the Rhins Renewal Action Group in January 2006.


4. MINUTE OF MEETING OF SCHOOLS’ PPP SUB COMMITTEE - 8 NOVEMBER 2005

Decision

4.1 APPROVED - Andrew R Campbell and Robert J Higgins;

MEMBER -Wilma R Paterson entered the meeting - 37 Members present

5. NOTICE OF MOTION - HOUSES IN MULTIPLE OCCUPATION -Joint report dated 9 December 2005 by Corporate Director for Corporate Services and Corporate Director for Planning and Environment Services.

Decision

AGREED

5.1 to withdraw delegation from the Planning and Environment Services and Asset Management Committees in order to debate the Notice of Motion by Thomas E Holmes seconded by William Little in the following terms:- “That Dumfries and Galloway Council develop a planning policy as a matter of urgency in relation to the location of Houses of Multiple Occupation within Dumfries and Galloway and in particular in the area of Dumfries Town Centre. This will allow elected Members to consider all relevant issues when considering whether or not to grant a house of multiple occupation licence and will contribute to the regeneration of Dumfries Town Centre. The current approach to determining and granting of houses of Multiple Occupation via regulatory committees prevents elected members dealing with legitimate planning matters such as location, density and appropriateness.”

VOTE

5.2 MOTION by BRUCE HODGSON seconded by ROGER B GRANT that present arrangements for dealing with applications for Planning permission and Licences for Houses in Multiple Occupation were fit for purpose, the legislation was clear and there was accordingly no need to detract from any of the policies.

5.3 AMENDMENT by THOMAS K SLOAN seconded by WILLIE SCOBIE that the Notice of Motion and report be referred to the Planning and Environment Committee for consideration.

5.4 On a Vote taken by roll call, Members voted as follows:-

Motion - 4 Votes being:- Roger B Grant, Bruce Hodgson, lvor A Hyslop and Allan G Wright

Amendment - 33 Votes being: - Andrew R Campbell, Robert J Higgins, John Agnew, Ian Callander, Christopher H Carruthers, Brian D Conchie, James H Dempster, Michael Dickie, Grahame A Forster, Alistair Geddes, Beth Gordon, Allan Graham, Alfred Hannay, Thomas E Holmes, William Little, Jane S Maitland, Denis R Male, Sean W Marshall, Thomas A McAughtrie, George L McBurnie, Sandra McDowall, Neil McKay, David J Mckie, Marjory 0 McQueen, Joan Mitchell, Ronnie

4


Nicholson, George N Prentice, Willie Scobie, Tony Turner, Thomas K Sloan, and Tony Vaux.

Decision

5.5 AGREED to refer the Notice of Motion and report to the Planning and Environment Committee for consideration.

6. NITHSDALE AREA COMMITTEE I CHANGES TO MEMBERSHIP OF COMMITTEES - Report dated 9 December 2005 by Group Manager Corporate Support and Governance.

APPOINTMENT OF VICE CHAIRMAN OF THE DUMFRIES AND LOWER

Decision

6.1 AGREED that Beth Gordon be appointed to the position of Vice Chairman of the Dumfries and Lower Nithsdale Area Committee; and 6.2 NOTED the changes to Committee membership.

7. Group Manager Corporate Support and Governance.

MEMBER AND OFFICER PROTOCOL - Report dated 13 December 2005 by

Decision

AGREED to adopt the Member and Officer protocol, and to incorporate it into the Council's Standing Orders (Appendix 1).

8. Group Manager Corporate Support and Governance.

PROCUREMENT STANDING ORDERS - Report dated 14 December 2005 by

Decision

8.1 8.2 in February 2006 to take account of new Procurement Regulations which would come into force on 31 January 2006 and to address internal procurement issues.

AGREED the New Procurement Standing Orders (Appendix 2); and NOTED that a revised scheme would require to be brought before Full Council

9. SOUTH OF SCOTLAND BROADBAND PATHFINDER PROJECT : CURRENT SITE LIST - Report dated 14 November 2005 by Chief Executive.

Decision

9.1 NOTED the draft list of sites and services requirements; and 9.2 AGREED to receive further reports on progress as the Project developed.

10. ACCOUNTS FOR THE YEAR ENDED 31'' MARCH 2005 - Report dated 21 November 2005 by Director of Finance.

REPORT ON THE AUDIT OF DUMFRIES & GALLOWAY COUNCIL'S FINAL

Decision

NOTED


10.1 the certified Abstract of Accounts for the financial year ended 3Ist March 2005; 10.2 that the external auditor had given an unqualified opinion that the accounts presented fairly the Council’s financial position and the income and expenditure for the year; and 10.3 that the detailed consideration of the external auditor’s report was being undertaken by the Audit Committee.

11. MINUTES OF MEETING OF COMMITTEES

11.1 AUDIT 11.1.1 8 December 2005 -Willie Scobie and Michael Dickie

Decision

APPROVED

11.2 CORPORATE POLICY 11.2.1 1 I .2.2

8 November 2005 -Andrew R Campbell and George N Prentice 21 November 2005 - Andrew R Campbell and George N Prentice

Decision

APPROVED

11.3 PLANNING & ENVIRONMENT 11.3.1 11.3.2

15 November 2005 - Ian Callander and Neil McKay 13 December 2005 -Joan Mitchell and Robert J Higgins

Decision

APPROVED

11.4 11.4.1 11.4.2

ASS ET MANAG EM E NT 22 November 2005 - George N Prentice and Thomas E Holmes 12 December 2005 - George N Prentice and Thomas E Holmes

Decision

APPROVED

11.5 BUSINESS REVIEW & PERFORMANCE 11.5.1 11.5.2

1 November 2005 - Allan G Wright and Tony Vaux 6 December 2005 - Allan G Wright and Tony Vaux

APPROVED

11.6 11.6.1

CO M B I N ED S E RVI C E S 3 October 2005 - Denis R Male and William Little


Decision

APPROVED

11.7 EDUCATION & COMMUNITY SERVICES 11.7.1 11.7.2

29 November 2005 -Jane S Maitland and Beth Gordon 15 December 2005 -Jane S Maitland and Beth Gordon

APPROVED subject to an amendment to the minutes of the meeting of 15 December 2005 at page 4 under the heading Declaration of Non Significant interests by the deletion of the words “the Medical Director for Burnfoot” and the insertion of the words “the Medical Officer for Allan bank, in their stead.

12. INDEX OF MINUTES OF AREA COMMITTEES FOR NOTING

Decision

NOTED

Meeting adjourned at 11.55am and reconvened at 12.00 with 35 Members present being Andrew R Campbell, Robert J Higgins, John Agnew, Ian Callander, Christopher H Carruthers, Brian D Conchie, James H Dempster, Michael Dickie, Grahame A Forster, Alistair Geddes, Beth Gordon, Allan Graham, Alfred Hannay, Thomas E Holmes, lvor A Hyslop, William Little, Neil McKay, Jane S Maitland, Denis R Male, Sean W Marshall, Joan Mitchell, Thomas A McAughtrie, George L McBurnie, Sandra McDowall, David J Mckie, Marjory 0 McQueen, Ronnie Nicholson, Ronald E Ogalvie, Wilma R Paterson, George N Prentice, Tony Turner, Willie Scobie,Thomas K Sloan,Tony Vaux and Allan G Wright.

13. NEED FOR A DECISION

ITEMS OF BUSINESS DEEMED URGENT BY CONVENER DUE TO THE

Members - Grahame A Forster and Willie Scobie left the meeting - 33 Members present

13A. CLOSURE OF DUMFRIES POST OFFICE, 7 GREAT KING STREET, DUMFRIES - Report dated 19 December 2005 by Area Manager Nithsdale.

Decision

13A.1 NOTED that Dumfries and Lower Nithsdale Area Committee had agreed, at its meeting on 15 December 2005, to request that the Council oppose the proposed closure of the Post Office in Great King Street, Dumfries; and 13A.2 AGREED to oppose the closure of the Post Office and to remit to the Director of Planning and Environment to write in the strongest possible representation to Post Office Ltd in this respect involving Members of Dumfries and Lower Nithsdale Area Committee as appropriate.


13B. POTENTlALlREAL REDUNDANCIES IN THE EAST OF THE REGION

VOTE

13B.1 MOTION by TONY TURNER seconded by DENIS R MALE that with the most recent announcement of 30 potentiallreal redundancies at Cochran Boilers Ltd, Annan, the known potentiallreal redundancies due to the shutdown and decommissioning of Chapelcross Works, Annan and job losses to Langholm’s Industrial base, Dumfries and Galloway Council, along with partner agencies would take the necessary steps to stem the continual decline of the manufacturing base in the East of the Region.

13B.2 AMENDMENT by CHRISTOPHER H CARRUTHERS seconded by ALLAN G WRIGHT. that with the most recent announcement of 30 potentiallreal redundancies at Cochran Boilers Ltd, Annan, the known potentiallreal redundancies due to the shutdown and decommissioning of Chapelcross Works, Annan and job losses to Langholm’s Industrial base, Dumfries and Galloway Council, along with partner agencies will do what it can to stem the continual decline of the manufacturing base in the East of the Region.

138.3 On a Vote taken by roll call, Members voted as follows:-

Motion - 26 Votes being: - Andrew R Campbell, Robert J Higgins, John Agnew, Ian Callander, Brian D Conchie, James H Dempster, Michael Dickie, Alistair Geddes, Beth Gordon, Allan Graham, Alfred Hannay, Thomas E Holmes, lvor A Hyslop, William Little, Denis R Male, Denis R Male, Sean W Marshall, Thomas A McAughtrie, George L McBurnie, Sandra McDowall, David J Mckie, Ronnie Nicholson, Ronald E Ogalvie, Wilma R Paterson, George N Prentice, Tony Turner, and Thomas K Sloan,

Amendment - 7 Votes being: - Christopher H Caruthers, Jane S Maitland, Neil McKay, Marjory 0 McQueen, Joan Mitchell, and Tony Vaux and Allan G Wright.

Decision

AGREED that with the most recent announcement of 30 potentiallreal redundancies at Cochran Boilers Ltd, Annan, the known potentiallreal redundancies due to the shutdown and decommissioning of Chapelcross Works, Annan and job losses to Langholm’s Industrial base, Dumfries and Galloway Council, along with partner agencies would take the necessary steps to stem the continual decline of the manufacturing base in the East of the Region.

Appendix 1

MEMBER AND OFFICER PROTOCOL

Alex Haswell Group Manager

Corporate Support and Governance

December 2005

Member and Officer Protocol ~~ ~ ~~

DUMFRIES AND GALLOWAY COUNCIL

MEMBER AND OFFICER PROTOCOL

INDEX

1, Introduction and Principles

2. Roles and Responsibilities of Members and Officers

3. Officer Support / Advice to Members and Political Groups

4 Members’ Rights of Access to Information / Freedom of Information

5. Involvement of Members in Meetings I Outside Bodies etc

6. Corporate Media Policy / Communications

7. Interpretation of and Amendments to the Scheme

Annexes:

(1) Section 3 of the Councillors’ Code of Conduct - General Conduct

(2) Annex C of the Councillors’ Code of Conduct - Protocol for Relations between Councillors and Employees in Scottish Councils

(3) Code of Conduct for Local Government Employees in Dumfries and Galloway

(4) Freedom of Information Guidelines (5) Corporate Media Policy

2

Member and Officer Protocol

1.

1.1

I .2

1.3

1.4

2.

2.1

2.2

2.3

2.4

2.5

INTRODUCTION AND PRINCIPLES

The purpose of this Protocol is to guide Members and Officers of Dumfries and Galloway Council in their relations with one another.

It also seeks to reflect the principles underlying the respective Codes of Conduct which apply to Members and Officers. The shared objectives of this Protocol and these Codes are to enhance and maintain the integrity of Dumfries and Galloway Council.

This Protocol forms part of the Council’s Standing Orders and should be read in conjunction with the Councillor’s Code of Conduct and The Code of Conduct for Local Government Employees in Dumfries and Galloway.

This Protocol is based on and subsidiary to these Codes.

ROLES AND RESPONSlLlTlES OF MEMBERS AND OFFICERS

Both Members and Officers are servants of the public: however, their roles and responsibilities are separate and distinct. Members are responsible to the electorate and serve only as long as their term of office lasts. Officers are responsible to the Council and their job is to give advice to Members and the Council and to carry out the Council’s work under the direction and control of the Council and its Committees and Sub-committees

Member and Officer working relationships should be conducted in a positive and constructive way and mutual respect is vital. Members and Officers will adopt reasonable standards of behaviour and courtesy towards each other and neither party should seek to take unfair advantage of their position or seek to exert undue influence on the other party.

A Member should not raise with an Officer any matter concerned with the day to day direct operational management of the Council’s Services: that is the responsibility of Officers. Officers within a Service are accountable to their Head of Service and ultimately to the Chief Executive as Head of Paid Service in terms of the Local Government and Housing Act 1989. While Officers should always seek to assist a Member, they must not go beyond the bounds of whatever authority is delegated to them.

Members and Officers shall not engage in open criticism of each other.

A Member should not raise matters relating to the conduct or capability of an Officer in public or through the media. If a Member feels that he/she has not been treated with proper respect or courtesy or has any concerns about an Officer, he/she should first raise the matter with the Officer in person. If this fails to resolve the issue, he/she should raise the matter initially with the appropriate Line Manager and ultimately with the appropriate Corporate Director. Any action taken against an Officer in respect of a complaint will be in accordance with the provisions of the Council’s Disciplinary Rules and Procedures.

3


2.6

2.7

2.8

3.

3.1

3.2

3.3

3.4

An Officer should not raise with a Member matters relating to the conduct or capability of another Officer or to the internal management of a Service.

Where an Officer feels that a Member has not properly treated him/her with respect and courtesy, he/she should raise the matter initially with the appropriate Line Manager and ultimately with the appropriate Corporate Director, if they do not feel able to discuss it directly with the Member concerned. In these circumstances the appropriate Line ManagerlCorporate Director will take appropriate action either by approaching the Member concerned or that Member‘s Political Group Leader. This action does not preclude an Officer from making a complaint to the Standards Commission for Scotland.

“Proper Officers’’ are appointed in terms of various statutes e.g. the Chief Executive, as Head of Paid Service; the Corporate Director of Corporate Services as Monitoring Officer; the Chief Social Work Officer; and Director of Finance as S95 Officer. Officers so appointed are empowered to take such action as is implicit in their role. The roles of these Proper Officers must be understood and respected by all Members. A full list of Proper Officers is contained in the Council’s Scheme of Delegation to Officers.

OFFICER SUPPORT I ADVICE TO MEMBERS AND POLITICAL GROUPS

It must be recognised that, in discharging their duties and responsibilities, Officers serve the Council as a whole and not any Political Group, combination of Groups, or any individual Member of the Council.

The existence of Political Groups is recognised by legislation. It is common practice for Political Groups to consider matters of Council business. Officer advice and information may legitimately be sought by Political Groups to enable them to consider the options for dealing with Council business. It is important that such assistance is available to all Political Groups and individual Members equally. Attendance at meetings of Political Groups is voluntary for Officers and must be authorised by the Chief Executive or in his absence the Group Manager Corporate Support and Governance.

Officers will respect the confidentiality of any Political Group discussion at which they are present or with individual Members and will not relate the content of any discussion to another Political Group or Member. However, Members should be aware that this does not prevent Officers from disclosing such information to other Officers of the Council so far as is necessary to perform their duties.

Officer assistance must not extend beyond providing information and advice in relation to matters of Council business. Officers must not be involved in advising on matters of party political business. Internal party debates should take place in the absence of Officers.

4


3.5

3.6

3.7

4.

4.1

4.2

4.3

4.4

4.5

Officers must give their advice impartially and, where advice is sought from more than one Political Group, they must offer the same advice to each Group. Officers when asked questions at a Political Group meeting are not then required to inform other Political Groups of the questions and answers given unless asked the same questions.

Council decisions can only be made by the Council or its Committees and not by Political Groups. Advice given by Officers at Political Group meetings is not a substitute for providing information and advice to the Council or its Committees when the matter is being debated.

Both Members and Officers must be mindful of the presence of persons who are not Members of the Council at Political Group meetings and should limit any advice and information in such circumstances where necessary.

MEMBERS’ RIGHTS OF ACCESS TO INFORMATION I FREEDOM OF IN FORMATION

Functions under Statute are conferred on the Council as a Corporate Body. It follows that all documents within the Council’s control belong to the Council. With some exceptions, for some of the Chief Constable’s and Assessor’s papers, no documents belong to an Officer or Member. Council documents are also subject to the Data Protection Act and any other relevant legislation.

Council proceedings and printed material are generally open to the public. There may be times, however, when Members will be required to treat discussions, documents or other information relating to the Council as confidential and must not disclose or use this information for personal advantage or to the disadvantage or discredit of the Council.

The Proper Officer in terms of S50B of the Local Government (Scotland) Act 1973 is not required to disclose information in certain categories. This, however, only applies to exempt information and the Council or a Committee can overrule the Proper Officer and instruct the Proper Officer to make the exempt information available and not subject to exemption.

Members have a statutory right in terms of the Local Government (Scotland) Act 1973 to inspect any Council document which relates to the business to be transacted at a meeting of the Council or its Committees. This right applies irrespective of whether the Member is a member of the Committee concerned and extends not only to reports which are submitted to the meeting but also to relevant background papers.

Members do not have an automatic right to access files if their interest stems from something other than pursuing rights as a member of a Committee or as a ward Member. An Officer, in considering whether a Member has a right to information requested, is entitled to know the reason(s) for it and, in the absence of any reason(s), is entitled to refuse. This question must initially be determined by the Corporate Director / Chief Officer of the Service which holds the documentation / information, seeking advice from the Group Manager Corporate

J


4.6

4.7

5.

5.1

5.2

5.3

5.4

Support and Governance as required. A response should be provided within 5 working days, but if this is not possible, the delay must be explained and a clear indication should be given when a substantive response will be provided.

The Data Protection (Processing of Sensitive Personal Data) (Elected Members) Order 2002 provides that sensitive personal data may be used by Members without specific consent being obtained in advance by a constituent and the processing of the data is necessary for the help to be provided. When the constituent has put the request in writing or has given the Member written consent, this makes the processing of the data more transparent and defensible for all concerned. Members should be aware that there will be occasions on which, even with the written consent of their constituent, they will not be entitled to information which the Council obtains in confidence from external agencies. In these cases the provisions of paragraph 4.5 above will apply.

The Freedom of Information (Scotland) Act 2002 brings additional rights and responsibilities regarding disclosure of information. Annex 4 provides detailed guidelines on responsibilities under the Act.

INVOLVEMENT OF MEMBERS IN MEETINGS I OUTSIDE BODIES ETC.

Members may be appointed or nominated by the Council as a member of another body or organisation. In such cases the Member is bound by the rules of conduct of the outside body and responsibility for any actions taken by the Member will be to the body in question. Members must also continue to observe the rules of the Councillors’ Code of Conduct in carrying out the duties of that body.

Where a Member has an interest as a member of an outside body, he/she may be required to declare an interest when a matter arises concerning the body and may be unable to take part in discussion/voting on that matter. The Standards Commission for Scotland has granted dispensations in certain circumstances to allow Members to participate in the discussion/vote on matters relating to certain outside bodies. Members should seek guidance on this if required from the Group Manager Corporate Support and Governance. This does not preclude Members from approaching the Standards Commission themselves to apply for a dispensation.

Members nominated in the capacity of Director of a company must have regard to the interests of that company. This may lead to conflict of interest between that of the Council and the company (e.g. provision of confidential / information). In the case of a potential conflict, the Member should seek advice from the Group Manager Corporate Support and Governance.

Whenever a public meeting is organised by the Council to consider a local issue of major significance, all Members representing the ward or wards affected should be invited to attend the meeting. Similarly ward Members should be notified, at the outset, of any major consultation exercise on a local issue within their ward.

6


5.5

5.6

5.7

5.8

5.9

6.

6.1

6.2

There will be occasions when a constituent will request the assistance and presence of their local Member at a meeting with Officers of the Council. This is part of the advocacy role of a Member. On such occasions, Members and Officers should be particularly aware of their respective roles and responsibilities under this Protocol.

There is no basis for the role of Members in Officer working groups. The structures and processes for decision making and accountability, controls and behaviour as set out in Standing Orders; Schemes of Delegation; Councillors’ Code of Conduct; Local Code of Corporate Governance; and Guidance from the Standards Commission for Scotland prescribe Members’ role in decision-making in Committees and as advocates for their ward.

The role of Members is to determine policy and to participate in decisions on matters placed before them, not to engage in direct operational management of the Council’s Services.

Internal Officer working groups are established to progress the decisions taken by Members and have a role to research and prepare reports to inform Member decision making. Inter-agency Officer Working groups have a similar function

Partnership working, involving both Members and Officers, provides for a complex set of structures and accountabilities. Clear boundaries as well as governance and reporting arrangements are required. Members, Officers, Committees, Partner Organisations and Steering Groups must fully understand their respective roles and accountabilities. Officers attending meetings with Partner Organisations must be clear about their authority, delegations, governance and reporting arrangements and seek guidance from the Group Manager Corporate Support and Governance if in any doubt.

CORPORATE MEDIA POLlCYlCOMMUNlCATlONS

Corporate Media Policy The Council is accountable to the electorate and accountability requires local understanding. This will be promoted by the Council explaining its objectives and policies to the electorate. Publicity issued by and on behalf of local authorities is governed by the Local Government Acts of 1986 and 1988 which restrict the nature and type of publicity which may be issued by or on behalf of local authorities. It is essential, therefore, to ensure that Council decisions on publicity are made in accordance with clear principles of good practice and in accordance with statutory guidance - Circular 16/88 ‘ Code of Recommended Practice on Local Authority Publicity.

Dumfries and Galloway Council has agreed that the Code of Recommended Practice on Local Authority Publicity should be delivered by Members and Officers of the Council as set out in Annex 5.


6.3

0

0

0

0

0

6.4

6.5

6.6

6.7

6.8

The resources of the Communications Unit are available to all Members in the following ways:

Political Groups Access to the media contact information maintained by the Communications Unit is available on request.

Individual Members Professional advice on media issues relating to Council business. Advice and assistance or Members can ask the Communications Unit to field media calls if they become the focus of intrusive media attention arising from their role as a Member. Help to explain a Council activity in a Member’s ward that becomes the focus of media attention. The Unit will distribute a non-political release for a Member to the media outlets that cover their ward. They must be written by the Member, relate directly to Council business and their involvement as a member of the Council and not of any other body or organisation. They should also be clearly identified as a communication from an individual Member.

The aims of the Council’s Communications Unit are to improve external communications between the Council and residents of Dumfries and Galloway Council and internal communications within the Council. The unit acts on behalf of the Corporate Council and not Political Groups.

Communications Correspondence between an individual Member and an Officer should not normally be copied by the Officer to any other Member. Where it is necessary to do so, this should be made clear to the original Member.

Official letters on behalf of the Council should normally be sent in the name of the appropriate Officer and include both the name and title of the Officer. In some circumstances it will be appropriate for a letter to appear in the name of a Member e.g. Convener, Depute Convener or Chair of a Committee. Letters which, for example, create legal obligations or give instructions on behalf of the Council must never be sent out in the name of a Member.

Support services to Members and Political Groups can only be lawfully provided to assist them in discharging their role as Members of the Council. Such support services must therefore only be used for Council business and not in connection with party political campaigning activity or for private purposes. Members must not use or seek to use Council resources including Officer time, office facilities and IT equipment for the production or issue of any material that may contravene these req u ire men ts .

Officers should ensure that telephone calls from Members are responded to within one working day if at all possible. All written and email correspondence should be answered within 3 working days and, if a substantive response requiring detailed research is required, then within 15 working days.

8


7.

7.1

7.2

7.3

7.4

7.5

INTERPRETATION OF AND AMENDMENTS TO THE SCHEME

This Protocol is in addition to and subsidiary to the Councillors’ Code of Conduct and the Code of Conduct for Local Government Employees in Dumfries and Galloway.

An alleged breach of the Councillors’ Code of Conduct is a matter for the Standards Commission for Scotland to investigate

An alleged breach of the Code of Conduct for Local Government Employees in Dumfries and Galloway may give rise to disciplinary action.

This Protocol is a living document and may be subject to changes to reflect developments and changing circumstances. These changes will be reported to the Council as required.

All matters of interpretation of this Protocol will be determined by the Group Manager Corporate Support and Governance. The Group Manager Corporate Support and Governance is authorised to supply any omission in or necessary amendment to or correct any error arising in this Protocol which is of an administrative nature, which will be reported to the Council as necessary.

Alex Haswell Group Manager Corporate Support and Governance

December 2005

9

ANNEX 1

STANDARDS COMMISSION FOR SCOTLAND EXTRACT FROM THE COUNCILLORS’ CODE OF

CONDUCT

SECTION 3: GENERAL CONDUCT

3.1 The principles of good conduct in this section must be observed in all situations where you act as a councillor, including representing the Council on official business. Relationship with Council Employees (Including those employed by contractors providing services to the Council) 3.2 You must respect all Council employees and the role they play, and treat them with courtesy at all times. It is expected that employees will show the same consideration in return. 3.3 Whilst both you and Council employees are servants of the public, you have separate responsibilities: you are responsible to the electorate but the employee is responsible to the Council as his or her employer. You must also respect the different roles that you and an employee play. Your role is to determine policy and to participate in decisions on matters placed before you, not to engage in direct operational management of the Council’s services; that is the responsibility of the Council’s employees. It is also the responsibility of the Chief Executive and senior employees to help ensure that the policies of the Council are implemented. 3.4 You must follow the Protocol for Relations between Councillors and Employees attached at Annex C. A breach of the Protocol will be considered as a breach of this Code.

March 2002

ANNEX 2

STANDARDS COMMISSION FOR SCOTLAND

EXTRACT FROM THE COUNCILLORS’ CODE OF CONDUCT

ANNEX C PROTOCOL FOR RELATIONS BETWEEN

COUNCILLORS AND EMPLOYEES IN SCOTTISH COUNCILS

Principles 1, This protocol sets out the way in which Councils and employees of Councils should behave towards one another. It does not cover all the variety of circumstances which can arise, but the approach which it adopts will serve as a guide to dealing with other issues as they come up. 2. Councillors and employees should work in an atmosphere of mutual trust and respect, with neither party seeking to take unfair advantage of their position.

Scope 3. The most common contacts are between councillors and senior employees at Chief Executive, Director or Head of Service level, and this protocol is largely about those contacts. There are also many contacts between councillors and other employees in their daily business, and the principles of this protocol also apply to them. The particular position of employees who provide direct support services for councillors is dealt with separately at paragraph 21.

Members’ and employees’ roles 4. Within a Council, councillors have a number of different roles, all of which call for separate consideration. Some councillors are chairs of committees, most belong to political groups, and all have a local constituency to represent. 5. Legally, employees are employed by the Council and are accountable to it. Ultimately they serve the Council as a whole and not any particular political group, combination of groups or any individual member. Nonetheless, political groups exist in most Councils and employees may properly be called upon to assist the deliberations of political groups and also to help individual members in their different roles. Chief Executives and Senior Officers have ultimate responsibility to ensure that the Council’s responsibilities are implemented.

Office bearers 6. It is clearly important that there should be a close professional working relationship between the Chair of a committee and the director and other senior employees of any service which reports to that committee. However, such relationships should never be allowed to become so close, or appear to

be so close, as to bring into question employees’ ability to deal impartially with other councillors, and the ability of Chairs to deal impartially with other employees. 7. The Chair of a committee will often be consulted on the preparation of agendas and reports. Employees will always be fully responsible for the contents of any report submitted in their name and have the right to submit reports to members on their areas of professional competence. While employees will wish to listen to the views of conveners, they must retain final responsibility for the content of reports. 8. Committee Chairs are recognised as the legitimate elected spokesperson on their committees’ areas of responsibility. Where authority is delegated to employees they will often wish to consult Chairs of committees about the action which they propose to take but the responsibility for the final decision remains with the employee who is accountable for it. Chairs should bear this in mind when discussing proposed action with employees. 9. Committee Chairs will have many dealings with employees. Those employees should always seek to assist a committee Chair but it must be remembered that they are ultimately responsible to the Head of the Service.

Political groups I O . Most Councils operate through a system of groups of councillors, many of them based on political affiliation. All employees must, in their dealings with political groups and individual members, treat them in a fair and even-handed manner. Employees must at all times, maintain political neutrality. 11. The support provided by employees can take many forms, ranging from the meeting with the Chair and vice-Chair before a committee meeting to a presentation to a full party group meeting. Whilst in practice such support is likely to be in most demand from whichever party group is for the time being in control of the Council, it should be available to all party groups. The advice given by employees to different party groups should be consistent. 12. Certain matters must, however, be clearly understood by all those participating in this type of process, councillors and employees alike. In particular:

0 Council rules about groups’ access to employees, e.g. all requests being approved by the Chief Executive, must be followed;

0 employee support in these circumstances must not extend beyond providing information and advice in relation to matters of Council business. The observance of this distinction will be assisted if employees are not expected to be present at meetings or parts of meetings, when matters of party business are to be discussed;

0 party group meetings, whilst they form part of the preliminaries to Council decision-making, are not empowered to make decisions on behalf of the Council. Conclusions reached at such meetings do not therefore rank as Council decisions and it is essential that they are not interpreted or acted upon as such;

0 where employees provide information and advice to a party group meeting in relation to a matter of Council business, this cannot act as a substitute for providing all necessary information and advice to the relevant committee or sub-committee when the matter in question is considered ; political groups need to recognise that information and advice given by 0

employees should be used to enhance discussion and debate at Council and committee meetings. If such information is used for political advantage, for example media briefings beforehand, then the process could become devalued and place employees in a difficult position in giving information and advice; and the chair of a political group meeting attended by employees has a responsibility for ensuring that those attending are clear on the status of the meeting and the basis on which employees are attending.

13. Special care needs to be exercised whenever employees are involved in providing information and advice to a meeting of a political group which includes persons who are not members of the Council. Such persons will not be bound by the Codes of conduct for councillors and employees (in particular, the provisions concerning the declaration of interests and confidentiality) and for this and other reasons employees may not be able to provide the same level of information and advice as they would to a members only meeting. 14. Any discussion with a political group or councillor must be treated with strict confidentiality by the employees concerned and should not be accessible to any other political group. It is acknowledged, however, that factual information upon which any advice is based will, if requested, be available to all political groups. 15. Should any difficulty or uncertainty arise in the area of employee advice to party groups, this shall be raised with the Chief Executive who should discuss the matter with the group leader.

Local representative 16. All councillors represent part of the area of the Council. Within each Council’s rules about consultation and councillor involvement, employees must treat all councillors fairly and openly in their role as local representatives. When performing their local representative role, councillors will be seen by the public as representing the Council and should act in accordance with the principles of the Code of Conduct for Councillors and this protocol.

Communications 17. Communications between an individual councillor and an employee should normally not be copied by the officer to any other councillor. Where it is necessary to copy the communications to another member, this should be made clear to the original councillor at the time. Appointments 18. Where councillors are involved in the appointments of employees they must act fairly and openly and judge candidates solely on merit.

Social relationships 19. The relationship between councillors and employees depends upon trust and this will be enhanced by the development of positive, friendly relationships. Councillors and employees will often be thrown together in social situations within the community and they have a responsibility to project a positive image of the Council. Nonetheless, close personal familiarity between individual employees and councillors can damage the relationship of mutual respect and the belief that employees give objective and professional advice and commitment to the Council. Councillors and employees should,

therefore, be cautious in developing close personal friendships while they have an official relationship.

Public comment 20. Councillors should not raise matters relating to the conduct or capability of employees in public. Employees must accord to councillors the respect and courtesy due to them in their various roles. There are provisions in the Code of Conduct for Employees about speaking in public and employees should observe them.

Employees supporting councillors 21. Where Councils arrange for employees to support members directly in carrying out their duties, particular considerations apply. Such employees are normally involved in administrative and practical support of councillors. While such staff may operate to the requirements of individual councillors in their daily business, it must be remembered that the employees are accountable to their line managers and any issues about conflicting priorities, conduct or performance must be referred to those managers.

March 2002

ANNEX 3

CODE OF CONDUCT FOR LOCAL GOVERNMENT EMPLOYEES IN DUMFRIES AND GAL LO WAY

INTRODUCTION

The public expects a high standard of conduct from all local government employees in Scotland. There is a National Code of Conduct for Councillors and it is right that there should be a National Code of Conduct for Employees. This National Code sets out the minimum standards of conduct that are expected of you as a Council employee.

The Code does not affect your rights and your responsibilities under the law; its purpose is to provide clear and helpful advice to you. Because of the nature of their work, some parts of the Code may apply more to some of your colleagues than to you, but all employees must comply with the Code. A breach of the Code may give rise to disciplinary action. As far as possible, you should also comply with the Code where you are appointed as a representative of the Council on any organisation, Trust or company.

Equally importantly, the Code also provides you with guidance about your rights and duties at work. The Code incorporates 'The seven Principles of Public Life' identified by the Nolan Committee on Standards in Public Life. These are listed below, altered slightly to place them in a local government context.

Dumfries and Galloway Council has adopted the National Code (with amendments) as its Local Code.

The Seven Principles of Public Life

Selflessness You should not take decisions which will result in any financial or other benefit to yourself, your family or your friends. Decisions should be based solely on the Council's best interests.

Integrity You should not place yourself under any financial or other obligation to an individual or an organisation which might influence you in your work with the Council.

Objectivity Any decisions which you make in the course of your work with the Council including making appointments, awarding contracts or recommending individuals for rewards or benefits, must be based solely on merit.

Accountability You are accountable to the Council as your employer. Your Council, in turn, is accountable to the public.

Openness You should be as open as possible in all the decisions and actions that you take. You should give reasons for your decisions and should not restrict information unless this is clearly required by Council policy or by the law.

Honesty You have a duty to declare any private interests which might affect your work with the Council.

Leadership If you are a manager, you should promote and support these principles by your leadership and example.

The Local Government Ombudsman will use the National Code as a benchmark of good practice where a complaint of maladministration has been made.

THE CODE

Relations with Public

You may have contact with members of the public as users of services, clients or citizens. You should always be courteous and helpful. You should deal fairly, equitably and consistently with each member of the public, and you must follow the Council's equal opportunities policy.

Relations with Councillors

The National Code of Local Government Conduct gives the following guidance on the relationship between Councillors and employees;

"Both Councillors and employees are servants of the public, and they are indispensable to one another but their responsibilities are distinct. Councillors are responsible to the electorate and serve only as long as their term of office lasts. Employees are responsible to the Council, and to carry out the Council's work under the direction and control of the Council, their committees and subcommittees.'' "Mutual respect between Councillors and employees is essential to good local government. Close personal familiarity between individual Councillors and employees can damage the relationship and prove embarrassing to other Councillors and employees."

These principles apply equally in this Code.

Relations with Contractors

You must be fair and impartial in your dealings with contractors, sub-contractors and suppliers. If you are involved in the tendering process you must follow the Council's procedures and rules abut tenders and contracts. In particular you must ensure that in any dealings you comply with the Council's Financial Codes and Standing Orders.

If you are an employee who has both a 'client' and 'contractor' responsibility in the tendering process, you must observe the requirement for accountability and even- handedness in undertaking these two roles.

If you have access to confidential information on tenders or costs for either internal or external contractors you must not disclose that information to any unauthorised individual or organisation.

Conflicts of Interest

As a Council employee you must not allow any private interest to influence your decisions.

You must not use your position to further your own interests or interests of others who do not have a right to benefit under the Council's policies.

You may have a private interest which relates to the work of the Council. That interest may be a financial one or one which a member of the public might reasonably think could influence your judgement. In addition, close family members or people living in your household may have financial interests in the work of the Council. All such interests must be declared to your Head of Service.

If you are a member of an organisation or a club, and membership might result in a conflict of interest in relation to any aspect of your work with the Council, you must declare this membership to your Head of Service. This applies equally to membership of organisations and to clubs which are not open to the public, eg Freemasonry.

Openness and Disclosure of Information

The Council's decision making process must be transparent and open. The Council must provide the public with clear and accessible information about how it operates. It must also ensure that there is an effective complaints procedure in place for the public to use when things go wrong. But there are exceptions to the principle of openness where confidentiality is involved, and information may be withheld if, for example, it would compromise a right of personal or commercial confidentiality. This does not apply where there is a legal duty to provide information. You must follow the Council's policy on making information available to the public and you must not break the law in this area.

Paid Employment Outside the Council

The Council will normally allow you to undertake paid employment outside the Council unless there is a clear conflict of interest, or it is likely to have an adverse effect on the work of the Council. If you want to undertake paid employment outside the Council you must first obtain the Council's approval. This procedure is in your interests and will protect you. You are not allowed to use the equipment and resources of the Council in any outside employment.

You must follow the Council's policy about fees which you may receive for a publication, broadcast, speech or lecture where you have used official information or your own work experience.

If you wish to use the equipment and resources of the Council for the benefit of voluntary or charitable organisation, you must follow your Council's policy on what assistance can be given to such organisations.

Council policy on these issues is expanded on in the Employee Handbook. If any circumstance is not covered in that document, or you are in any doubt, contact your Head of Service before doing any work.

Hospitality

You should not accept offers of hospitality unless you can answer 'yes' to the following questions: "Can I justify this?" and "Can I be sure I will not be subject to legitimate criticism?"

If you are in any doubt, you should seek the advice of your Head of Service.

You must follow the Council's policy on declaring offers of hospitality, and follow the current procedures for having any offers authorised.

You should only accept offers to attend social or sporting events where these are clearly part of the life of the community, or where the Council would be expected to be represented and your line manager is in agreement. You should not accept repeated hospitality from the same source.

If you are making a visit to inspect equipment, vehicles, land or property you must ensure that the Council pays for the costs of these visits.

The Council's position in respect of Hospitality is further set out in the Employee Handbook and, as above, you should refer to that document. Where it does not cover the situation you are in, contact your Head of Service. If in doubt ask your Head of Service.

Gifts

You must not accept personal gifts, but you may keep items of token value, eg pens, diaries, or small tokens of gratitude, so long as this complies with the policy of your Council.

Corruption

It is important that you are aware that it is a serious criminal offence for you to corruptly receive or give any gift, loan, fee, reward or advantage for doing or not doing anything, or for showing favour or disfavour to any person, in the course of your work with the Council.

Use of Resources

You and your colleagues serve the public, and you must remember this principle when you use Council equipment, materials and resources, in order to ensure value for money.

You must not breach the policy of the Council on the personal use of Council equipment.

Appointments

All Councils have a Recruitment and Selection Policy based on the principles contained in the CoSLA Code on Recruitment and Selection. All appointments must be made on the basis of merit. You must follow the Council's policy.

If you are involved in the recruitment and selection process, and have any kind of relationship which might affect your ability to be impartial, that relationship must be declared to your line manager. Your line manager will decide whether you can participate in the recruitment and selection process. The same procedure must be followed in other personnel procedures such as grievance or disciplinary procedures or job evaluation.

You must not lobby a Councillor or another colleague either directly or indirectly to secure your own appointment or promotion, or the appointment or promotion of another person. If you have been lobbied by an applicant, another colleague, a Councillor or any other person, you must report the matter to your line manager.

Contacts With The Media

In your work with the Council, contact with the media should only take place where this has been authorised by the Council. You must follow the Council's policy in relation to contact with the media.

Political Neutrality

The public expects you to carry out your duties in a politically neutral way, and this must be respected by Councillors. The political activities of a small number of employees are restricted by law.

You must serve the Council and all Councillors, regardless of their political outlook. The Chief Executive and senior officers have ultimate responsibility to help ensure that the policies of the Council are implemented. You must implement the policies of the Council irrespective of your personal views.

If you are asked by a Councillor to provide assistance with a matter which is clearly party political or which does not have a clear link with the work of the Council, you should politely refuse and inform the Councillor that you are referring the matter to your line manager.

Some employees will have a close working relationship with Councillors of the majority political group (or groups) which form the administration of the Council. Political groups may sometimes seek advice from Council employees. You must follow the Council's procedure.

The following is an example of good practice in regulating access by political groups to the advice of employees:

The office bearers (of the group) must first approach the Chief Executive

The office bearers must tell the Chief Executive what type of advice they are seeking.

The Chief Executive will decide whether attendance at the meeting is appropriate and which employee or employees should attend.

Once the employee has given the advice to the group the employees must leave the meeting before any decision is made.

Strict confidentiality must be observed by the employee. The discussion in one political group should not be disclosed to another political group or to any member of such a group.

Your Rights As An Employee - Public Statements

As a citizen, you are entitled to express your views about the Council, provided you do not make use of any private information gained through your work with the Council. But you should not, in your work capacity, criticise the Council either through the media or at a public meeting, or in any written communication with members of the public.

Access To Your Councillor

As a citizen, you are entitled to raise with your Councillor any complaint which you have about the services of the Council. If your complaint concerns any aspect of your work with the Council, however, you must make use of the Council's grievance procedures.

Fair and Reasonable Treatment At Work

You are entitled to expect fair and reasonable treatment from your colleagues, managers and from Councillors. If you feel that you have been unfairly treated or have been discriminated against, you are entitled to make use of the appropriate Council procedures.

There may be rare occasions when you feel that you have been required by a colleague, a Councillor or a member of the public, or by an organisation, to act in a way which might be illegal, improper or unethical, or which is otherwise in conflict with the principles of this Code of Conduct. You must follow your Council's procedure for dealing with such concerns . The following is an example of good practice which allows concerns of this nature to be raised confidentially inside the Council.

If you are in this situation you must report the matter to your line manager.

If, however, you feel that you cannot discuss the matter with your line manager then you must report the matter to the Chief Executive or another officer appointed by the Council outwith your line management.

The Chief Executive or your line manager or the other person appointed by the council will then decide - in consultation where necessary with the Secretary to the Council - what action is to be taken including whether the issue which you have raised can be dealt with through the Council's grievance procedure.

The confidentiality of your concern will be maintained wherever possible.

The right information to the right people at the right time - ~~

ANNEX 4 Access to Information

Handling requests for Information

Guidance Note 5

Members -What to do if you receive a request for information

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Access to Information What to do if you receive a request for information - Members

I nt rod uct io n

The Council receives many requests for information. Some of these are routine requests which can be dealt with quickly and easily. Others must be handled in accordance with access to information legislation which applies in Scotland. The key provisions are: - the Data Protection Act 1998 which regulates access to personal information - the Environmental Information (Scotland) Regulations 2004 which regulates access to

environmental information the Freedom of Information (Scotland) Act 2002 which regulates access to all other information held by public authorities

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Each provision sets out a framework for providing access to information, including timescales, so it is essential that we recognise, record and respond to requests promptly and correctly. In your role as a Member of the Council, you might receive several requests for information every day or only one or two in a year, but it is essential that you know what to do if you receive one. The diagram on page 2 shows the decisions and actions you should take and the following pages contain guidance notes. This guidance assumes that you have read Guidance Note 1.

Access to Information and Councillors

It is important to understand when Councillors are subject to the provisions of the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004. Councillors are subject to the provisions of the Act and the Regulations in relation to their work as members of the Council. Information held by: -

-

is covered by both the Act and the Regulations and may be disclosed in response to requests for information. Councillors’ work as representatives of constituencies or on behalf of political parties is not covered by the Act or the Regulations. However, as regards disclosure of this information, there is also an important distinction between information held by councillors themselves and information held by the Council on behalf of councillors. . Information held by councillors in relation to their constituency business or their

political activities is not covered by the Act or the Regulations. It would not need to be considered by Members in responding to requests for information. Information relating to councillors’ constituency or political work may be kept by the Council. For example, the Council may provide councillors with administrative support, including for political meetings. However, this information is not ‘held’ by the

councillors relating to their work on Council business officers relating to councillors’ work on Council business

.

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Council for the purposes of the Freedom of Information (Scotland) Act 2002; the Council holds it on behalf of Members. This is an important distinction, which means that the Council would not disclose the information in response to a request for information under the Act.

However, if information which the Council holds on behalf of councillors is environmental information (as defined by the Environmental Information (Scotland) Regulations 2004), the Council may need to disclose it in response to requests for information under the Regulations. The Regulations do not exempt information, which is held on behalf of another person.

RECEIVE

constituency

Request for information about Council business?

Pass the request to the Service Manager

01387260022

r

Request for information about political activities?

political business

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1. Receive request

In your role as a member of the Council, you might receive a request for information:

- by letter - bye-mail - on an Information Request Form which is sent to you by post or e-mail or which

is forward to you by the Website Co-ordinator - by telephone - verbally from anyone you have face-to-face contact with

If you receive a request for information, you must act on it promptly. If you are in any doubt about whether something you receive is a request for information to the Council, ask Carol Henshall, Service Manager, Committee and Member Services for advice immediately.

2. Request for information about constituency work?

Information held by members of the Council relating to their constituency work is not covered by the Freedom of Information (Scotland) Act 2002 or the Environmental Information (Scotland) Regulations 2004. If you receive a request for information that you hold about your constituency work, you should deal with it as you would deal with any other constituency business. It should not be handled as a request for information to the Council. If you receive a request for information that the Council holds about your, or other members’, constituency work, you must pass it to the Carol Henshall, Service Manager, Committee and Member Services immediately.

3. Request for information about political activities?

Information held by members of the Council relating to their political activities is not covered by the Freedom of Information (Scotland) Act 2002 or the Environmental Information (Scotland) Regulations 2004. If you receive a request for information that you hold about your political activities, you should deal with it as you would deal with any other political business. It should not be handled as a request for information to the Council. If you receive a request for information that the Council holds about your, or other members’, political activities, you must pass it to the Carol Henshall, Service Manager, Committee and Member Services immediately.

4. Request for information about Council business?

Information held by members of the Council relating to their work on Council business is covered by the Freedom of Information (Scotland) Act 2002 and the

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Environmental Information (Scotland) Regulations 2004. It may, therefore, need to be disclosed in response to a request for information. Information relating to Council business includes: - information about formal Council meetings, including minutes, agendas and

reports - information about informal meetings with Council officers or with external

bodies on Council business It may also include information, which councillors hold in relation to membership of external bodies, depending on the terms of appointment. If you receive a request for information relating to Council business, it may be appropriate to deal with it informally as a ‘Business as Usual’ request. If you are not sure whether a request for information should be dealt with as ‘Business as Usual’, contact Carol Henshall, Service Manager, Committee and Member Services immediately for advice. If it is clearly a straightfotward request for information which the Council routinely provides within 20 working days: - and it relates to information that you hold; answer it in the usual way by

providing the information yourself or by passing it to Carol Henshall, Service Manager, Committee and Member Services who will provide it. but you do not hold the requested information; pass it to Carol Henshall, Service Manager, Committee and Member Services immediately.

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If you think the request should be dealt with formally, because the Council cannot or will not provide the requested information, or for any other reason, pass it to Carol Henshall, Service Manager, Committee and Member Services immediately. As a rule of thumb, if you are in any doubt about what to do with a request for information that you receive in the course of your work as a member of the Council, you must refer the request to Carol Henshall, Service Manager, Committee and Member Services immediately.

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The natural place to live

ANNEX 5

CORPORATE MEDIA POLICY

1.

2.

2.1

2.2

2.3

2.4

2.5

3. 3.1

3.2

3.3

3.4

3.5

INTRODUCTION

Dumfries and Galloway Council has agreed that the ‘Code of recommended practice on local authority publicity’ (Scottish Development Department Circular 16/88) should be delivered by the officers and Members of the Council in the following way:

PUBLICITY PROTOCOL

The Convener or Depute Convener represent the Council for corporate civic and ceremonial functions and will be pictured and quoted accordingly. The Provost of Nithsdale and the Chairs of Area Committees will represent the Council for local civic and ceremonial functions and will be pictured and quoted accordingly.

The Convener or Depute Convener of the Council speak for the Council on major policy issues and will be pictured and quoted accordingly.

Chairs, or Vice Chairs, speak for the Council on matters that relate to their individual Committees and will be pictured and quoted accordingly.

When the story has a strong ward interest, individual members may be quoted in press releases and will be invited to attend photo calls.

The Communications Unit can only publicise the views of the Council as a corporate entity. Where there is consensus across all political groups on an issue, the publicity can include the support of the Leader of the Opposition.

RESPONDING TO ENQUIRIES FROM THE MEDIA Handling the media is an important and specialist skill. For most people the media are their main source of information about the Council. It is vital that the messages that are presented are clear, consistent and in line with the Council’s aims and objectives.

The Communications Unit is set up to be the first point of contact for media enquiries. At all times in the normal working week, at least one member of staff is available to deal with news queries.

Employees are often approached directly by journalists. Where this is a request for factual information on an issue that is not contentious or political, the information should be given directly to the journalist. This may be a quick phone call or direction to a committee paper. If it is felt a written reply is necessary, this should be forwarded to the Communications Unit which will issue the reply as a statement.

Where an employee is asked to give an opinion about a Council issue that is contentious, political or may touch several different services, they should direct the journalist to the Communications Unit who will coordinate a response to meet their dead I ine.

The exception to this is where staff are approached at the conclusion of committee or official meetings of the Council. It will often be appropriate for Corporate Directors,

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3.6

4. 4.1

4.2

4.3

4.4

5. 5. I

5.2

5.3

5.4

6. 6.1

6.2

6.3

Group Managers or an appropriate delegated officer to summarise the outcome of a discussion to journalists. Where they do not wish to respond immediately they should refer the request to the Communications Unit and they will coordinate an appropriate response.

Where possible, the Communications Unit should be notified in advance of contentious issues that may be picked up by the media.

ISSUING STATEMENTS A statement is a written response to a specific media enquiry. The Communications Unit will issue all written statements on behalf of the Council.

Prior to issuing any statement the Communications Unit will consult with the appropriate officer(s) and obtain approval for any statement from the relevant Lead Officer.

The Council will not normally comment on leaks, anonymous allegations or allegations about individual staff. In all other circumstances ‘no comment’ will not be qiven as a response to a media enquiry. The Council is open and accountable and should always explain if there is a reason why it cannot answer a specific enquiry.

Where there is a police interest in any issue covered by a statement or press release the Police Media Office, or in their absence the Inspector, Corporate Services, Police Headquarters must be consulted in advance and given an opportunity for the police position or involvement to be made clear in the statement or press release.

M EDlA INTERVIEWS Media requests for interviews with officers who are speaking on behalf of the Council should be directed to the Communications Unit.

The Communications Unit will obtain approval for the interview from the appropriate Corporate Director or in hidher absence the relevant Group or Area Manager or senior officer.

The Communications Unit can provide advice to officers and Councillors about all aspects of broadcast interviews and arrange appropriate training.

The exception to this is requests for interview at the conclusion of committee or official meetings of the Council. (See 3.5 above)

PRESS RELEASES Information is provided to the media through press releases. Press releases are one of the key techniques for publicising Council activities and achievements. The Communications Unit will issue press releases on behalf of the Council with the exceptions described below at 6.13. This allows a central record to be maintained.

Information should be provided to the Communications Unit well in advance of a release being required to allow sufficient time to draft and approve the release.

Services should support the Communications Unit to pro-actively identify opportunities for positive publicity about achievements or decisions.

6.4

6.5

6.6

6.7

6.8

6.9

The Communications Unit will obtain the approval of the appropriate Members and officers for any release that they write. They will expect that this approval has already been sought for quotes in releases that are submitted to them for distribution only.

The Convener, or Depute Convener, of the Council speak for the Council on major policy issues and will be quoted accordingly.

Chairs, or Vice Chairs, speak for the Council on matters that relate to their individual Committees or Sub Committees and will be quoted accordingly.

When the story has a strong ward interest, individual Members may be quoted in press releases.

Officers should only write press releases pertaining to their own establishments. The Communications team will provide guidance and support if required.

Before a quote is issued to the media, the Communications Unit will obtain approval from the person to whom it is attributed. Members of the public and employees will not be named in press releases without their prior permission.

The Communications Unit will email a copy of all press releases to appropriate Members for information. All press releases will also be published immediately on the Council’s intranet and subsequently on the Council website.

6.10 Services often work in partnership with external agency (ies) to provide information for a press release. In such instances the Communications Unit should be involved in finalising the Council contribution to a release.

6.1 1 Where there is a police interest in any issue covered by a statement or press release the Police Media Office, or in their absence the Inspector, Corporate Services, Police Headquarters must be consulted in advance and given an opportunity for the police position or involvement to be made clear in the statement or press release

6.12 No guarantees can be given that press releases will be used in any publication.

6.13 Schools, Libraries and Museums This section applies to schools, libraries and museums only. All other officers should follow the policy described in section 5 above.

Schools Services, Museums and Libraries are a regular source of good news press releases which they write themselves. These should be issued through the Communications Unit so that a central record can be maintained.

Individual schools often have good relationships with their local media. This should be encouraged and continue. The central distribution system and the advice and support mechanisms in the Communications Unit can be used by schools.

Schools should always refer controversial issues to the Communications Unit and Schools Services headquarters .

As with all releases, approval should be obtained from the appropriate Head Teacher or Head of Service before a press release is issued.

7. 7.1

7.2

7.3

7.4

8. 8.1

8.2

9. 9.1

PHOTO CALLS The Communications Unit should be notified of photo calls where Members and/or managers have been invited to attend.

The Convener, or Depute Convener, of the Council speak for the Council on major policy issues and will be pictured accordingly.

Chairs, or Vice Chairs, speak for the Council on matters that relate to their individual Committees and will be pictured accordingly.

When the story has a strong ward interest, individual Members will be invited to attend photo calls.

Employees of the Council will be involved in photo calls where appropriate.

Schools should notify the Communications Unit when photo calls are arranged.

A corporate policy on the use of photographic images has been agreed.

Where there is a police interest in any issue covered by a photocall the Police Media Office, or in their absence the Inspector, Corporate Services, Police Headquarters must be consulted in advance and given an opportunity for the police position or involvement to be made clear in the photocall

EVENTS The Communications Unit can assist in supporting and promoting events organised or supported by the Council. Prior notice should be given to the Communications Team of any planned events.

Services should inform local Member(s) of any events being organised in their area and send them an invite where appropriate.

MINISTERIAL VISITS Planning If a Directorate or Service is contacted about a potential Ministerial visit that will involve Council staff, facilities or projects, they should provide the Executive Unit, the Communications Unit and the relevant Corporate Director with the following information as soon as possible:

P Name of Minister P Date and time of visit

P Purpose of visit

P Location(s)

P Service contact

P Scottish Executive contact

9.2 Liaison with Members

In the first instance the Communications Unit will advise the Political Group Leaders of the proposed visit.

Where Ministerial visits are made to Council facilities or projects, and the Council is making the arrangements, the following Members must be invited:

9.3 Invitations

o Political Group Leaders

o Chairs and Vice Chairs of appropriate corporate, service and area committees and the local Member@)

o Provost (events in DumfriedNithsdale)

o Where the event or visit is of regionwide or national significance wider attendance should be discussed with the Executive Unit

9.4 Corporate assistance The Communications Unit can provide advice to staff on the organisation of the visit and will liaise with the Scottish Executive and the Directorate or Service to arrange appropriate media coverage prior to and during the Ministerial visit. The level of media coverage will be dependent on the type of Ministerial visit i.e. low key, high level, private. Normally, arrangements for the visit will be made by the service involved.

10 ELECTIONS

PUBLICITY IN THE RUN UP TO PARLIAMENTARY AND LOCAL COUNCIL

Statutorily, local authorities are legally prohibited from publishing any material, at any time, which appears to be designed to affect public support for a political party. The issue is particularly sensitive before elections.

The key period is between the publication of the Notice of Election and polling day.

The Code of Recommended Practice on Local Authority Publicity, issued under the Local Government Act 1986, contains specific reference to the timing of publicity in a pre-election period. The Code says:

“Particular care should be taken when publicity is issued immediately prior to an election or by-election affecting the authority’s area to ensure that this could not be perceived as seeking to influence public opinion, or to promote the public image of a patticular candidate, or group of candidates. Between the time of publication of a notice of an election and pollina day, publicity should not be issued which deals with controversial issues, or which reports views or policies in a way that identifies them with individual members or groups of members. ”

It will still be possible to issue press releases and other material during this period, provided they comply with the guidance above. References to individual Members should be avoided.

Care must be taken about publicity which deals with controversial issues, or which reports views or policies in a way that identifies them with individual Members or groups of

Members. During this period, publicity about party political controversial issues should be avoided altogether and no Council official opening ceremonies or photo opportunities involving candidates (whether or not they are existing Members) should take place.

As the functions of a local authority are discharged corporately, Council resources during an election period should not be used to publicise individual Members.

This advice applies to material issued by all services and not just material issued by the Communications Unit.

The 1986 Act defines publicity as “any communication, in whatever form, addressed to the public at large or to a section of the public.” It is therefore essential that any proposed publicity is carefully considered against the requirements of the Code. If you are in any doubt, please refer the matter to the Communications Manager

11. The resources of the Communications Unit are available to all Members in the following ways:

CONTACTING THE COMMUNICATIONS UNIT FOR MEDIA ISSUES

Political Groups 0 Access to the media contact information maintained by the Communications Unit

is available on request.

Individual Members 0

0

Professional advice on media issues relating to Council business. Advice and assistance or Members can ask the Communications Unit to field media calls if they become the focus of intrusive media attention arising from their role as a Member. Help to explain a Council activity in a Member’s ward that becomes the focus of media attention. The Unit will distribute a non political release for a Member to the media outlets that cover their ward. They must be written by the Member, relate directly to Council business and their involvement as a member of the Council and not of any other body or organisation. They should also be clearly identified as a communication from an individual Member.

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Communications Manager Phone: 01 387 260330

Communications Officer Phone: 01387 260273

Communications Officer based in Education and Community Services Headquarters, Woodbank Phone: 01387 260448

APPENDIX 2

Procurement Standing Orders

Alex Haswell Group Manager

Corporate Support and Governance

December 2005

Procurement Standing Orders

1 Purpose and Compliance

1 .I The purpose of Procurement Standing Orders is to set clear rules for the procurement of goods, works and services for the Council. The rules should ensure that the Council complies with its legal obligations and is fair and accountable in its dealings with contractors and suppliers. These Standing Orders are also intended to ensure that the Council obtains best value for money and that it is taking good care of the public pound.

2. Compliance

2.1 The Group Manager Corporate Support and Governance may approve guidance notes on procurement procedures for any contract or type of contract let by or on behalf of the Council. Any such guidance notes once approved shall form part of these Standing Orders and shall be complied with.

2.2 Every procurement on the Council's behalf must comply with the Council's Procurement Standing Orders and the Council's Financial Regulations.

2.3 In the event of conflict, EU, UK and Scottish legislation overrides these Standing Orders.

3 Variation and Revocation

These Standing Orders may be varied or revoked by Full Council. Any variation to or revocation of the Standing Orders will be effective on the first working day after the conclusion of the Council meeting at which it was approved

4. Exemptions

4.1 There shall be exempted from the provisions of these Standing Orders all contracts for the supply of goods or materials for the provision of services or for the execution of works where:-

[a] In the opinion of the Chief Executive or a Corporate Director ("Corporate Director shall also mean "Director" in these Standing Orders) urgent action is required to prevent danger to life, serious risk to health or damage to property. In such circumstances a report will be submitted to the appropriate Committee at the first available subsequent meeting detailing both the circumstances justifying use of this exemption and the action taken.

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[b] The goods materials or services required are subject to copyright or patent and are only sold/provided by one supplier in the European Union.

[c] The services are the appointment of legal counsel (for the avoidance of doubt the appointment of Solicitors is not exempt)

[d] The Contract relates to the performing arts.

5. Financial Provision

No tender shall be invited or offer made or accepted unless appropriate financial provisions have been made and approved the Council in terms of the Council’s Financial Regulations or funding is being provided by a third party which has been approved by the Council.

6. Best Value

6.1 All procurement of goods works and services below the EU threshold should be based on ‘‘ Best value”. “Best value”, in this context, is defined as the optimum combination of whole life cost and quality (or fitness for purpose) to meet the user’s requirements.

6.2 All procurements which are subject to the EU procurement directives should be awarded on the basis of the “most economically advantageous tender”. Failure to advise bidders in advance of the criteria against which tenders will be evaluated means that legally the decision may only be based on lowest price.

7 Existing contracts

7.1 Where there is an existing contract for the provision of goods, works or services which has been competitively tendered and awarded, this contract must be used for all procurements covered by that contract.

7.2 These Standing Orders do not apply to procurements under framework or contract agreements by Office of Government Commerce Supplies (OGC Supplies) or Authorities Buying Consortium (ABC). Where consideration is being given to purchasing under a contract or framework agreement put in place by another Council or public sector body, other than OGC or ABC, advice must be taken from Legal Services to ensure that the contract is one to which the Council can be party and that no further compliance procedures on the part of the Council are necessary.

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8 Value of Contract

8.1 For the purposes of these Standing Orders, the value of a contract must be calculated over the whole life of the contract not the annual value. Where it is likely that a supply of goods or services will be required on a continuing basis over a number of years, the anticipated duration of the continuing supply should be taken into account when estimating the value of the contract for the purposes of these Standing Orders. When it is not possible to anticipate the length, the annual contract value shall be multiplied by 4 to reach an indicative contract value.

8.2 It is not permissible to disaggregate a contract in order to circumvent the requirements of these Procurement Standing Orders.

8.3 For the avoidance of doubt, the values stated are exclusive of any Value Added Tax that may be levied.

9 Form of Contract

All contracts shall be in writing. All contracts above f50,000 must be approved by Legal Services before signing.

10 Value of proposed procurement below €1000

10.1 In the case of a proposed procurement value being less that f1000, a minimum of three telephone quotations shall be obtained and the details of each quote shall be kept on file.

10.2 Contracts in this category should be awarded on the basis of the lowest price tender who can meet the Council’s delivery and quality specifications.

11 Value of proposed procurement €1000- f20,000

11 .I In the event of the contract being one for Social Services which could be carried out by providers on the Approved Providers List, a minimum of three providers from the list should be invited to quote.

11.2 For all other goods, services and works, writtedfaxed quotes should be received from a minimum of three suppliers who can meet the required delivery and quality specifications

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12 Value of proposed procurement f20,001 - f50,000

12.1 In the event of the contract being one for Social Services which could be carried out by providers on the Approved Providers list, five providers on the list who could provide the service should be invited to supply a written quote.

12.2 For all other goods, services or works:-

0 an advert should be placed on the Council's website inviting quotes 0 letters should be written to a minimum of five suppliers/contractors

who are capable of supplying the goods/services to the required quality, inviting them to quote

13 Value of proposed procurement f50,001- EU thresholds

13.1 Formal sealed tender bids are required for procurements in this category

13.2 Where the contract is one for Social Services of a nature provided by those on the Approved Providers List, letters should be written to all providers on the list who can provide the particular service required and ask them to tender.

13.3 For all other contracts for goods, works and services, where the estimated value of the contract lies within this category, officers must use whichever of the following methods will achieve best value for money and ensure adequate competition for their procurement-

1 . Selection of contractors/providers under the Open Tendering Procedure

2. Selection of contractors/providers under the Restricted Tendering Procedure

13.4 The choice of procedure will depend on, amongst other things, the type and complexity of the goods, services or works being procured; the likely level of market interest; whether the open procedure would generate such interest that the cost of evaluating the number of tenders would be disproportionate to what is being purchased. Advice is available from the Procurement Team to help Services reach a decision.

14 Open Tendering Procedure

14.1 This is a procedure where the contract is publicly advertised and all interested parties are able to tender.

14.2 Under this procedure the contract must be advertised on:-

0 The Council's website (this must appear a minimum of one day before any advertisement in a newspaper)

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A national newspaper andlor one or more local newspapers

Where appropriate and cost effective a trade/professional journal

14.2.1 Once the web site advertisement has appeared, letters or emails can also be written to providers who might be interested in tendering, drawing their attention to the advertisement

14.3 Contract advertisements under this procedure must include

e

e

e

e

e

e

14.4

e

e

e

e

e

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Details of the proposed contract

Details of any restrictions as to who can participate eg the minimum qualifications (technical/financial/ professional) required

Details as to where contractors might apply for the tender documents

Clear instructions as to where tender documents should be sent

A deadline for the receipt of applications with a statement that applications received after the deadline will not be considered. The deadline must be at least 14 calendar days from the date of publication of the advertisement

The name, address, phone number and email address of an officer who can be contacted in the event of any queries

Invitations to tender must contain

Details of the proposed contract requirements

An invitation to tender

Clear instructions for the receipt of tenders

A deadline for delivery of tenders together with a statement that tenders received after the deadline will not be considered. The deadline must be at least 21 calendar days from the date of publication of the advertisement. 2pm is the preferred time of day for the tender deadline

A statement that the tenders shall remain open for acceptance for a period specified in the tender documents

A statement that the Council reserves the right to reject all tenders and not award a contract

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0 Details of the number of unsigned copies of the tender to be submitted together with the one signed tender

14.5 Tenders must be assessed against criteria that have been determined before contractors are invited to tender. The assessment of tenders against pre-determined criteria must be recorded in writing.

15 Restricted Tendering Procedure

15.1 Under this procedure the contract is publicly advertised to invite potential providers to express an interest in tendering. However, rather than all interested providers being invited to tender, tenders are invited only from a limited number of persons selected on behalf of the Council.

15.2 The selection takes place by asking all who ask to be considered to complete and return a pre-qualification questionnaire. A style pre-qualification questionnaire is available from the Procurement Team. The pre-qualification questionnaire is then assessed to ensure that the provider meets pre- determined minimum criteria in terms of, amongst other things, financial and economic standing, the appropriate level of insurance, health and safety policies (where appropriate), technical capacity and ability and relevant experience .

15.3 From those who return the questionnaire, the minimum number that should be selected is 5 and the maximum number that should be selected is 20. However, where less than 5 providers meet the minimum pre-qualification criteria, all who do meet the criteria must be asked to tender.

15.4 Under this procedure the contract must be advertised on

0 The Council’s website (this must appear a minimum of one day before any advertisement in any newspaper)

0 In a national newspaper and/or one or more local newspapers 0 Where appropriate and cost effective a trade/professional journal

15.4.1 Once the web site advertisement has appeared, letters or emails can also be written to providers who might be interested in applying, drawing their attention to the advertisement

15.5 Contract advertisements under this procedure must include

0 Details of the proposed contract

0 An invitation to contractors to apply for permission to tender for the contract within a specified period

0 Details as to where contractors might apply for an application form

Clear instructions for the receipt of applications

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e

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15.6

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A deadline for the receipt of applications (date and time) with a statement that applications received after the deadline will not be considered. The deadline must be at least 14 days from the date of publication of the advertisement. 2pm is the preferred time of day for the application deadline

The name, address, phone number and email address of an officer who can be contacted in the event of any queries

Invitations to tender must contain

Details of the proposed contract requirements

An invitation to tender

Clear instructions for the delivery and receipt of tenders

A deadline for delivery of tenders (date and time) together with a statement that tenders received after the deadline will not be considered. The deadline must be a minimum of 21 days after the despatch of the Invitation to Tender documents to all selected to tender. 2pm is the preferred time of day for the tender deadline.

A statement that the tenders shall remain open for acceptance for a period specified in the tender documents

A statement that the Council reserves the right to reject all tenders and not award a contract

Details of the number of unsigned copies of the tender to be submitted together with the one signed tender

15.7 Tenders must be assessed against criteria that have been determined before contractors are invited to tender. The assessment of tenders against pre-determined criteria must be recorded in writing.

16 Procurement above EU thresholds

16.1 All procurement which falls within this category must be carried out in accordance with EU procedures.

16.2 Any procurement which falls or is likely to fall within this category must be notified to the Procurement Team who will liase with Legal services to give advice and support.

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16.3 Thresholds from 1 January 2006 are as follows:-

Goods and Services € 144,459 Part B Services (these include Social Services, Educational Services, Legal Services, Recreational Cultural and Sporting Services) € 136,844

Works E3,611,474

These figures shall be revised from time to time to comply with EU requirements

17 Framework agreements

Where there is likely to be a repeated need for a particular supply service or works, this can be procured by way of a Framework Agreement, The Chief Executive or the appropriate Corporate Director shall refer the contract to the Efficient Procurement Programme Manager who will provide assistance and guidance. No Framework agreement shall last longer than 4 years.

18 Receipt and Custody

18.1 Where tenders are invited, no tender will be considered unless it is received by the time fixed on the tender document (unless that time has been altered by the appropriate Corporate Director for all tenderers at least 14 days prior to the original tender date) and unless it is contained in a plain envelope securely sealed and bearing the word "Tender" followed by the subject to which the tender relates. The envelope must not bear any distinguishing mark intending to indicate the identity of the sender. Prospective tenderers must be notified of these requirements. Any tender failing to meet these requirements may be considered only with the express consent of the Operations Manager Legal Services.

18.2 The envelope containing the tender shall be addressed to the postal address specified on the tender document concerned in whose custody it shall remain until the time arranged for its opening.

18.3 A record shall be kept showing the time and date of receipt of tenders.

18.4 Prior to the award of a contract, tender documents should be kept in a secure place

18.5 Tender documentation shall be kept for a minimum of 12 months after the closing date for receipt of tenders, after which time the unsuccessful tenders should be destroyed.

18.6 All tenders for contracts of f50,000 and above must be addressed to the Operations Manager Legal Services for opening

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19 Late Tenders

Tenders received after the closing date and time specified in the tender documents, or at a place other than the place specified therein, shall not be considered. Such late tenders will be returned to the tenderer with a covering letter explaining why the tender is not being considered. Such late tenders may be opened to identify the name of the tenderer but no details of such a tender shall be disclosed.

20 Opening of Tenders

20.1 All tenders for the same contract shall be opened at the one time.

20.2 The particulars of each tender opened will be recorded on opening and a record will be kept by the Director responsible for the contract or by the Operations Manager Legal Services where the contract is one opened by Legal Services

20.3 All tenders properly received in terms of the Standing Order must be opened no later than the next working date after the date set for the return of the tender documents

20.4 All tenders must be opened by no less than two Council employees who have the authority to open tenders.

20.5 The tenders opened by Legal Services shall be recorded on the Tender data base.

21 Validation, Clarification and Correction of Tenders

21 .I All tenders shall be subject to checking by the appropriate Corporate Director or nominated officer

21.2 Between the last time and date for the receipt of tenders and the date on which a decision is taken as to which, if any, tender is to be accepted the appropriate Corporate Director may instruct staff to contact a tenderer where such contact is necessary to validate or clarity the terms of the tender, including the withdrawal of any qualification to the tender or to effect any necessary adjustments. A full written record shall be kept of all such contacts and shall be retained with the original tender.

21.3 Where examination of the tenders reveals arithmetical errors, or obvious errors in the rates tendered or discrepancies, the tenderer will be given the opportunity of confirming, amending or withdrawing his tender. All correspondence relating to such matters must be in writing and shall be retained with the original tender.

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22 Post -Tender Negotiations

No post-tender negotiations shall be entered into without the prior express approval of the Operations Manager Legal Services and the Chief Internal Auditor

23 Tender Database

23.1 The Operations Manager Legal Services shall keep and maintain a database of tenders received and opened in respect of each contract of f50,000 and over and shall include thereon the name of each tenderer, the value or amount of the tender.

23.2 The tender database register shall also list any tenderers who were issued with contract documents but who failed or declined to submit a tender.

24 Notification of Award

24.1 All tenderers shall be informed in writing of the success'or otherwise of their tender as soon as is reasonably practicable after the approval of the successful tender. The Directorate responsible for inviting the tenders shall be responsible for advising tenderers.

24.2 Where the tenders are subject to EU procurement procedures, advice should be sought from the Procurement Team on the wording of these letters.

25 Mandatory Standstill Period

Where tenders are for a contract subject to the full scope of the EU procurement rules, a period of not less 10 calendar days must elapse between the written communication of the award decision to all tenderers and contract comm encement

26 Technical and Financial Checks

26.1 No contractor may be awarded a contract for the supply of goods, materials or services or the execution of works unless a satisfactory review of the proposed contractor has been carried out as to:-

* the technical capability of the tenderer; and

in conjunction with the Director of Finance, the financial standing of the tenderer.

26.2 It shall not be necessary to review the financial standing of proposed con tractors where

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the estimated value of the contract is f50,000 or below; or

0 it has been reviewed in the preceding 12 months from the date of the tender

27 Health and Safety

No contract shall be awarded to a contractor unless the contractor satisfies the Council that they are operating health and safety policies which conform to the current legislation.

28 Equal Opportunity in Employment

Before any contract is awarded, the Council shall obtain from the contractor an assurance in writing that, to the best of the contractor’s knowledge and belief, the contractor has complied with all statutory requirements in respect of ensuring equal opportunity in employment.

29 Race Relations and Disability Discrimination

Before any contract is awarded, the Council shall, in accordance with the Guidance in Race Relations Matters issued by the Secretary of State and referred to in The Local Government Act 1988, obtain information from the contractors relating to that guidance to enable the Council to assess whether the contractors concerned are complying with eh responsibilities place on then by the Race Relations Act 1976 or any statutory modification or re- enactment thereof relating to discrimination in employment and the Disability Discrimination Act

30 Contracts Register

Within 14 days of the commencement of a contract, the Corporate Director responsible for the contract, or an officer to whom that Corporate Director has delegated responsibility for the contract, shall forward the name and address of the supplier, the nature of the supply, the duration of the contract, the price pertaining to the supply together with any other material information on the contract to the Procurement Team who will maintain a Contracts Register.

31 Extention of Contract Duration

31.1 Where appropriate, provision can be made in a contract for a period of extension but such extension must not be for more than 50% of the original duration of the contract.

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31.2 An Operations Manager may extend the duration of a contract where provision for this has been included in the original agreement and value for money can be demonstrated. A contract may only be extended once.

32 Assignation and Sub-contracting

In every contract for the supply of goods or services or the execution of work, there shall be included a provision whereby the contractor shall be prohibited from transferring or assigning to any firm or company or person whomsoever, the contract or any portion of the contract, without the prior written consent of the appropriate Corporate Director.

33 Liquidate and Ascertained Damages

All procurement contracts for the supply of goods, services or execution of works by a particular date or dates shall provide, where appropriate, for liquidate and ascertained damages, with the amount thereof to be specified in each contract.

34 Building or Civil Engineering Contracts

34.1 The Chief Executive or a Corporate Director can authorise additional work of an emergency nature on a building or civil engineering contract up to 5% of the contract value. Such extensions must be reported retrospectively to the appropriate Service Committee.

34.2 Except as provided for in 34.1 above, contract variations for building/civil engineering works which exceed the provision for contingencies in the project estimate may not be instructed without prior Committee approval.

35 Social Services Approved Provider List

35.1 Details of the Approved List and whom to contact to apply for inclusion on that list shall be advertised permanently on the Council’s website

35.2 In addition, once per year, an advertisement shall be placed in a national newspaper seeking applications from any providers not on the list who wish to be considered.

35.3 The Corporate Director of Education and Community Services shall make arrangements for those on the list to have their status reviewed at regular intervals.

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35.4 The Corporate Director of Education and Community Services shall ensure that there is a monitored rotation of Providers on the list who are invited to tender for those contracts where a restricted number of appropriately qualified Providers is permitted.

36. Pilot Projects

These Standing Orders shall apply to any procurements related to pilot projects for which the Council has responsibility whether or not fully or part funded by the Council, the Scottish Executive or another third party.

37 Commencement Date

These Standing Orders shall come into effect on the first working day after the Full Council meeting at which they are approved.

Alex Haswell Group Manager Corporate Support and Governance

December 2005

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Documents

DUMFRIES AND GALLOWAY COUNCILegenda.dumgal.gov.uk/aksdumgal/images/att3610.pdf · DUMFRIES AND GALLOWAY COUNCIL Meeting of Wednesday 21 December 2005 at 10.30am in Council Offices,