DUMFRIES AND GALLOWAY COUNCILegenda.dumgal.gov.uk/aksdumgal/images/att3785.pdf · Ian B Carruthers John A Charteris Brian Collins ... George N Prentice Willie Scobie ... proposed

Minute 26 June 2007 Minute

DUMFRIES AND GALLOWAY COUNCIL Meeting of Tuesday 26 June 2007

at 10.30am in Council Offices, English Street, Dumfries

Members Patsy Gilroy (Convener)

Graham J Bell Ian Blake

Richard J Brodie Ted Brown

Ian B Carruthers John A Charteris

Brian Collins Rob Davidson Jim Dempster

lain W Dick Michael Dickie John Dougan Peter Duncan

Gill Dykes Grahame Forster

Alistair Geddes Roger B Grant

Jack Groom Robert J Higgins Bruce Hodgson

Thomas Jacques Jeff Leaver Ian Lindsay

Sandra McDowall Lorna J McGowan

Gail MacGregor David J McKie Jane Maitland

Sean W Marshall John Martin

Graham Nicol Ronnie Nicholson

Ronnie Ogilvie George N Prentice

Willie Scobie Colin Smyth Doug Snell Davie Stitt

John Syme Roberta Tuckfield

Dee North West Dumfries Abbey Annandale South Annandale North Annandale South Lochar Castle Douglas and Glenkens Abbey Mid and Upper Nithsdale Stranraer and North Rhins Annandale North Stranraer and North Rhins Castle Douglas and Glenkens Mid and Upper Nithsdale Wigtown West Mid Galloway Annandale North Nith Wigtown West Abbey Dee Lochar Annandale East Mid Galloway Lochar Annandale North North West Dumfries Dee Annandale South Nith Mid Galloway North West Dumfries Annandale South Castle Douglas and Glenkens Stranraer and North Rhins Nith North West Dumfries Abbey Mid and Upper Nithsdale Wigtown West


Apologies AlastairWitts - Nith

Allan Graham - Annandale East

Denis R Male - Annandale East Archie Dryburgh - Annandale East

Andrew S Wood - Mid and Upper Nithsdale

lvor A Hyslop (Leader) - Lochar

Alex Haswell Group Manager Corporate Support & Governance

z


1. PRAYER

The meeting was opened with prayer Gordon Savage Minister at Maxwellton West Parish Church, Dumfries - Clerk to Presbytery Dumfries and Kirkcudbright.

2. SEDERUNT AND APOLOGIES

43 Members present, 4 apologies

2A. CABINET SECRETARIES

ATTENDANCE OF LEADER AT MEETING WITH FIRST MINISTER AND

Decision

NOTED

2A.1 that the Leader had accepted an invitation to attend a meeting with the First Minister, Cabinet Secretaries and Leaders of other Local Authorities in Scotland and had accordingly intimated his apologies for the meeting of the Council; and

2A.2 that the Chief Executive had been unable to attend the meeting by virtue of the fact that he required to attend the Council meeting in order to fully discharge the obligation imposed on him in terms of Section 4 of the Local Government and Housing Act 1989 with respect to advising the Council at Item 4 on this agenda on the manner in which the discharge of the Council’s various functions should be co-ordinated.

2B. Notice of Motion from Ronnie Nicholson seconded by Sean W Marshall regarding proposed works at St Teresa’s Primary School, Dumfries as an urgent item of business in accordance with the provisions of Standing Order 15.3 and that the item would be taken as item 9B on the Agenda.

PROCEDURE - the Convener intimated that she had agreed to accept a

3. MINUTE OF MEETING OF 15 MAY 2007

Decision

3.1 3.2 attendance at meetings on the Councils Information Service.

APPROVED - Patsy Gilroy and Robert Higgins; and AGREED that arrangements would be put in place for recording Member

4. GOVERNANCE AND AUDIT COMMITTEES - Report dated 20 June 2007 by Group Manager Corporate Support and Governance

ROLES AND REMITS OF CORPORATE, SERVICE AND SCRUTINY AND

4.1 TO COMMITTEES

PREPARATION OF SCHEME OF ADMINISTRATION AND DELEGATION

Decision

4.1 .I ACKNOWLEDGED the work undertaken within Corporate Support and Governance in the preparation of this document.


4.2 POLICY COMMITTEE

VOTE

4.2.1 MOTION by JANE MAITLAND seconded by ALISTAIR GEDDES that a Finance Sub Committee be established comprising 11 Members made up of 5 Conservative/Liberal Democrats Group members, 3 Scottish Labour Group members and 3 Scottish National PartyAndependent Group members with full delegated powers to progress the Financial Efficiency Strategy.

4.2.2 AMENDMENT by SEAN MARSHALL seconded by RONNIE NICHOLSON that no subcommittee be established of the Policy Committee and that all Financial matters should be determined by the Policy Committee

4.3 On a vote being taken by roll call Members voted as follows:

Motion- 30 Votes being:

Patsy Gilroy, Graham J Bell, Ian Blake, Richard J Brodie, Ian B Carruthers, John A Charteris, Brian Collins, Rob Davidson, lain W Dick, Michael Dickie, John Dougan, Peter Duncan, Gill Dykes, Alistair Geddes, Roger B Grant, Jack Groom, Robert J Higgins, Bruce Hodgson, Thomas Jacques, Ian Lindsay, Sandra McDowall, Lorna J McGowan, Gail MacGregor, Jane Maitland, Graham Nicol, George N Prentice, Doug Snell, Roberta Tuckfield, Alastair Witts and Andrew S Wood

Amendment-I 3 Votes being

Ted Brown, Jim Dempster, Grahame A Forster, Jeff Leaver, David J McKie, Sean W Marshall, John Martin, Ronnie Nicholson, Ronnie Ogilvie, Willie Scobie, Colin Smyth, Davie Stitt and John Syme

Decision

AGREED

4.3.1 to adopt the recommendations of the Policy Committee regarding its role, remit and responsibilities as detailed in the proposed Scheme of Administration and Delegations to Committees;

4.3.2 that the Policy Committee should comprise 25 Members on a proportional basis of 10 Scottish Conservative and Unionists and Scottish Liberal Democrats Members, 7 Scottish Labour Group Members and 6 Scottish National Party and Independents plus the Leader and Convener ex efficio; and

4.3.3 that a Finance Sub Committee be established with 11 Members made up of 5 Conservative Unionist and Scottish Liberal Democrats, 3 Scottish Labour members and 3 Scottish National Party and Independent Members with full delegated powers to progress the Financial Efficiency Strategy.

4


4.4 RESOURCES COMMITTEE

Decision

AGREED

4.4.1 to adopt the recommendations of the Resources Committee regarding its role, remit and responsibilities and the appointment of Sub Committees as detailed in the proposed Scheme of Administration and Delegations to Committees ; and

4.4.2 that the Resources Committee should comprise 23 Members on a proportional basis of 10 Scottish Conservative and Unionists and Scottish Liberal Democrats Members, 7 Scottish Labour Group Members and 6 Scottish National Party and Independents plus the Leader and Convener ex efficio.

4.5 SCRUTINY COMMITTEE

4.5.1 PROCEDURE - the Convener intimated that, bearing in mind the fact that the Council had agreed at its meeting on 24 May 2007 to establish both a Scrutiny and an Governance and Audit Committee and that this decision had been approved by the Council earlier in the day, it would not be in order to consider a proposal that these Committees be not established and that the functions of the Scrutiny and Audit Committees be conjoined.

AGREED

4.5.2 the role remit and responsibilities of the Scrutiny Committee as detailed in the Scheme of Administration and Delegation to Committees;

4.5.3 that the committee comprise 17 Members being 8 from the Conservative and Unionist and Liberal Democrat Group, 5 from the Scottish Labour Group and 4 from the Scottish National Party and Independent Group;

NOTED

4.5.4 that the Scottish National Party and Independent Group had withdrawn its nomination of Alistair Witts as a member of the Scrutiny Committee; and

4.5.5 the advice of the Governance Officer in respect of Police Authority Scrutiny responsibilities and that a report on Fire and Rescue Scrutiny responsibilities would be the subject of a report to a future meeting of the Scrutiny Committee.

4.6 GOVERNANCE AND AUDIT COMMITTEE

AGREED

4.6.1 the role remit and responsibilities of the Governance and Audit Committee as detailed in the proposed Scheme of administration and Delegation to Committees; and


4.6.2 that the membership of the Committee be 17 members being 9 Scottish Labour and 8 Scottish National Party/lndependent Group Members.

4.7 EDUCATION AND COMMUNITY SERVICES COMMITTEE

VOTE

4.7.1 MOTION by DAVID J MCKIE seconded by SEAN W MARSHALL that the functions of the former Education, Social Work and Community Services Committee should not be split at present but be subject to review and a report in 6 months at which time the Chief Executive’s report on the Joint Future Agenda and its extension into Children’s Services agenda would be available.

4.7.2 AMENDMENT by JANE MAITLAND seconded by SANDRA MCDOWELL that the Social Work Services and the Education and Community Services Committee’s respective roles, remits be adopted as recommended by these Committees and as detailed in the Scheme of Administration and Delegation to Committees and that a report be presented by the Chief Executive in November 2007 on the Joint Future Agenda and its extension into the Children’s Services Agenda together with proposals for a possible pilot on new aligned working arrangements with NHS Dumfries and Galloway in the Stewartry area.

4.7.3 On a vote being taken by roll call Members voted as follows:

Motion -13 Votes being

Ted Brown, Jim Dempster, Grahame A Forster, Jeff Leaver, David J McKie, Sean W Marshall, John Martin, Ronnie Nicholson, Ronnie Ogilvie, Willie Scobie, Colin Smyth Davie Stitt and John Syme,

Amendment - 29 Votes being:

Patsy Gilroy, Graham J Bell, Ian Blake, Richard J Brodie, Ian B Carruthers, John A Charteris, Brian Collins, Rob Davidson, lain W Dick, Michael Dickie, John Dougan, Peter Duncan, Gill Dykes, Roger B Grant, Jack Groom, Robert J Higgins, Bruce Hodgson, Thomas Jacques, Ian Lindsay, Sandra McDowall, Lorna J McGowan, Gail MacGregor, Jane Maitland, Graham Nicol, George N Prentice, Doug Snell, Roberta Tuckfield, Alastair Witts and Andrew S Wood

Abstention -1 being Alistair Geddes

Decision

AGREED

4.7.4 that the Social Work Services and the Education and Community Services Committee’s respective roles, remits be adopted as recommended by these Committees and as detailed in the Scheme of Administration and Delegation to Committees and that a report be presented by the Chief Executive before the end of 2007 on the Joint Future agenda and its extension into the Children’s Services agenda together with proposals for a possible pilot on new aligned working arrangements with NHS Dumfries and Galloway in the Stewartry area;


4.7.5 that the Social Work Services committee comprise 23 Members on a proportional basis of 10 Scottish Conservative and Unionists and Scottish Liberal Democrats Members, 7 Scottish Labour Group Members and 6 Scottish National Party and Independents plus the Leader and Convener ex efficio;

4.7.6 that the Education and Community Services committee comprise 23 Members on a proportional basis of 10 Scottish Conservative and Unionists and Scottish Liberal Democrats Members, 7 Scottish Labour Group Members and 6 Scottish National Party and Independents plus the Leader and Convener ex efficio; and

4.7.7 NOTED that there would be meetings of the Education and Community Services and Social Work Service Committees during July.

MEMBERS - John Dougan and Gail Macgregor left the meeting- 41 Members present

PROCEDURE - On being questioned the Convener advised that she had accepted the above motion as competent and in exercising her discretion had taken account of the various issues raised at both Social Work Services and Education and Community Services Committees regarding the Joint Future Agenda and the Childrens Social Care Agenda

4.8 PLANNING, HOUSING AND ENVIRONMENT

AGREED

4.8.1 the roles remits and responsibilities of the Planning Housing and Environment Services Committee as detailed in detailed in the Scheme of Administration and Delegation to Committees; and

4.8.2 that the Planning, Housing and Environment Committee comprise 23 Members on a proportional basis of 10 Scottish Conservative and Unionists and Scottish Liberal Democrats Members, 7 Scottish Labour Group Members and 6 Scottish National Party and Independents plus the Leader and Convener ex efficio.

MEMBERS - John Dougan and Gail MacGregor re-entered the meeting - 43 Members present

4.9 POLICE, FIRE AND RESCUE

AGREED

4.9.1 the roles remits and responsibilities of the Police Fire and Rescue Committee as detailed in detailed in the Scheme of Administration and Delegation to Committees; and

4.9.2 that the Police, Fire and Rescue Committee comprise of 17 Members on a proportional basis of 8 Conservative and Unionist Group, 5 Scottish Labour and 4 Scottish National Party and Independents plus the Leader and Convener ex efficio.

7


4.10 SCHEME OF ADMINISTRATION AND DELEGATION TO COMMITTEES

Decision

AGREED

4.10.1 (Appendix 1); and

to adopt a Scheme of Administration and Delegation to Committees;

4.1 0.2 Scrutiny and Governance and Audit Committees for implementation (Appendix 2).

to endorse the other recommendations made by Corporate, Service,

5. APPOINTMENT OF DIRECTORS OF EDUCATION AND SOCIAL WORK - Report dated 22 June 2007 by Corporate Director of Corporate Services

VOTE

5.1 appropriate Service Committees be convened to make the appointments of the Service Director Social Work Services and Service Director School Services;

MOTION by SEAN W MARSHALL seconded by WILLIE SCOBIE that the

5.2 appointments Sub Committees be established with five members from the Resources Committee and four from the appropriate Service Committees being the Chairman, Vice Chairman and one from each of the three groups on the Council;

AMENDMENT by PETER DUNCAN seconded by BRUCE HODGSON that an

5.3 On a vote being taken by roll call Members voted as follows:

Motion- 25 Votes being

Ted Brown, Brian Collins, Rob Davidson, Jim Dempster, lain W Dick, Grahame A Forster, Alistair Geddes , Robert J Higgins , Thomas Jacques ,Jeff Leaver, Lorna J McGowan ,David J McKie, Jane Maitland, Sean W Marshall, John Martin, Ronnie Nicholson, Ronnie Ogilvie, George N Prentice, Willie Scobie, Colin Smyth, Doug Snell, Davie Stitt ,John Syme, Alastair Witts and Andrew S Wood

Amendment- 18 Votes being:

Patsy Gilroy, Graham J Bell, Ian Blake, Richard J Brodie, Ian B Carruthers, John A Charteris, Michael Dickie, John Dougan, Peter Duncan, Gill Dykes, Roger B Grant, Jack Groom, Bruce Hodgson, Ian Lindsay, Sandra McDowall, Gail MacGregor, Graham Nicol and Roberta Tuckfield,

Decision

5.4 Service Director Social Work Services and Service Director Schools Services and the arrangements which had been put in place to recruit to these posts APPRECIATING that the Chief Executive would be submitting a report to an early meeting of the Resources Committee regarding the further implementation of the Council’s Management of Change programme which would, among other things, address overall management arrangements within the Education, Social Services and Community Services;

NOTED the previous decisions of the Council regarding the appointment o f a


AGREED

5.5 shortlisted candidates and make the appointments of the Service Director Social Work Services and Service Director School Services; and

that the appropriate service committees be convened to interview the

5.6 necessary elected Member training.

that the interviews should be arranged for August 2007 following upon the

6. GOVERNANCE AND AUDIT COMMITTEES FOR THE PERIOD JULY 2007 TO MARCH 2008 - Report dated 19 June 2007 by Group Manager Corporate Support and Governance

CALENDAR OF MEETINGS OF SERVICE, CORPORATE, SCRUTINY AND

Decision

AGREED

6.1 to adopt a calendar of meetings for the Council, its Corporate, Service, Scrutiny and Governance and Audit Committees for the period July 2007 to March 2008 as amended for the scheduling of sub committees of the Resources Committee (Appendix 3), APPRECIATING that additional meetings of Committees would be scheduled on an “as necessary” basis particularly in the case of Committees which met bi-monthly and that there would be a meeting of the Social Work Services Committee in July 2007 following upon appropriate Member training; and

6.2 Provost for Dumfries and Nithsdale.

to receive a report at the next meeting of the Council on the appointment of a

7. 2007 by Director of Finance

DRAFT CORPORATE OUTTURN REPORT 2006/07 - Report dated 11 June

Decision

NOTED

7.1 2007;

the draft Financial Accounts presented for the financial year ended 31 March

7.2 account, there was an Unallocated General Fund Balance of f7.912million as at 31 March 2007;

that , when balances brought forward from previous years were taken into

7.3 f21.445Million for a range of specific projects including the Schools PPP, Waste PFI, Housing Regeneration and amounts held under statutory arrangement;

that the Council also held separate allocated/ committed reserves totalling

7.4 Million was currently uncommitted) and a further f 1.779 Million ( fully allocated) in a Renewal & Repair Fund as at 31 March 2007; and

that the Council also held f5.015Million in a Capital Fund ( of which f 1 .I 11


7.5 approved. (Appendix 4)

AGREED that the Corporate Governance Assurance Statement 2006/07 be

MEMBER - Colin Smyth left the meeting - 42 Members present

8. Director for Corporate Services

CORPORATE PLAN FOR 2007-1 1 - Report dated 1 June 2007 by Corporate

Decision

AGREED

8.1 Committees during August; Political Group Leaders or their representatives working with the Corporate Management Team and Policy and Performance Unit;

the development of the Corporate Plan for 2007-1 1 through discussion at

8.2 2007;

that a draft Plan would be submitted to the Policy Committee on 4 September

8.3 Committees and with other partners; and

that consultation with the public would be carried out through Area

8.4 that a final Plan would be agreed by Council on 25 October 2007.

9. Group Manager Corporate Support and Governance

APPOINTMENTS TO OUTSIDE BODIES - Report dated 19 June 2007 by

VOTE

9.1 MOTION by ROBERT J HlGGlNS seconded by PETER DUNCAN that appointments to Dumfries and Galloway Housing Partnership and the South West Scotland Rural Transport Partnership be made from a pool of 10 Members to address proportionality being 4 from the Conservative/Liberal Democrat group, 3 from the Scottish National PartyAndependents and 3 from Scottish Labour group appreciating that the Scottish National Party Andependents and Labour Groups would be entitled to 2 members on 1 of these bodies and 1 on the other and that the Groups would decide which group was to have 2 members on which body and which group was to have 1 member on which body;

9.2 to appoint five Members to the South West of Scotland Rural Transport Partnership and DGHP on the basis of proportionality with 2 from the Conservatives, 2 from Scottish Labour and 1 from Scottish National PartyAndependents;

AMENDMENT by RONNIE NICHOLSON seconded by SEAN W MARSHALL

9.3 On a vote being taken by roll call Members voted as follows

Motion- 27 Votes being:

Patsy Gilroy, Graham J Bell, Ian Blake, Richard J Brodie, ,Ian B Carruthers, John A Charteris, Brian Collins, Rob Davidson, lain W Dick, Michael Dickie, John Dougan, Peter Duncan, Alistair Geddes, Roger B Grant, Jack Groom, Robert J Higgins, Bruce Hodgson, Thomas Jacques, Ian Lindsay, Sandra McDowall,


Lorna J McGowan, Gail MacGregor, Graham Nicol, Doug Snell, Roberta Tuckfield, Alastair Witts and Andrew S Wood

Amendment-I 3 Votes being

Ted Brown, Jim Dempster, Gill Dykes .Grahame A Forster, Jeff Leaver, David J McKie, Sean W Marshall, John Martin, Ronnie Nicholson, Ronnie Ogilvie, Willie Scobie, Davie Stitt and John Syme,

Abstentions - 2 being Jane Maitland and George N Prentice

Decision

AGREED

9.4 South West Scotland Rural Transport Partnership be made from a pool of 10 Members to address proportionality, 4 from the Administration and 3 from the SNPAndependents and 3 from Labour appreciating that the SNPAndependents and Labour Groups would be entitled to 2 members on one of these bodies and 1 on the other and that the Groups would decide which group was to have 2 members on which body and which group was to have one member of which body;

that appointments to Dumfries and Galloway Housing Partnership and the

9.5 being one nominee from each of the 5 Political Groups on the Council; and

the appointment of five members to the Community Planning Joint Board

9.6 the South West Scotland Community Justice Authority with the Vice Chairman as substitute.

the appointment of the Chairman of the Social Work Services Committee to

9A. Manager Corporate Support and Governance

APPOINTMENTS TO COSLA - Report dated 18 June 2007 by Group

AGREED to nominate four representatives to the Convention of Scottish Local Authorities, being the Leader and one nominee from the each of the 3 political groupings on the Council.

9B THE NEED FOR A DECISION

ITEM OF BUSINESS DEEMED URGENT BY THE CONVENER DUE TO

9B.1 ST TERESA’S, DUMFRIES - PROPOSED WORKS

SUBMITTED notice of motion from Ronnie Nicholson and Sean W Marshall in the following terms:-

“The Director of Education agreed to inform all parents of proposed works to St Teresa’s Primary School and then consult with the parents on the proposals. To date this consultation has not taken place. We therefore call for all actions/works to halt until full consultation has taken place with all parents.”


PROCEDURE -the Corporate Director of Education, Social Work and Community Services advised Members of decision taken by the Asset Management Committee in relation to accommodation works at St Teresa’s Primary School, Dumfries in connection with the provision of enhanced office accommodation to accommodate staff from Ladyacre, Dumfries and explained the process of consultation which had taken place through the School Board. He also confirmed that information packs were in the course of being sent to parents which explained enhanced security arrangements and improved parking arrangements. He also pointed out the benefits of having the works undertaken during the school summer holidays.

MEMBERS- James Dempster, Roger B Grant, David J Mckie, Jane Maitland and John Syme left the meeting - 37 Members present

VOTE

9B.1 .I MOTION by RONNIE NICHOLSON seconded by SEAN W MARSHALL that all actions/works at St Teresa’s Primary School, Dumfries be halted until full consultation had taken place with all parents.

9B.1.2 AMENDMENT - SANDRA MCDOWELL seconded by BRUCE HODGESON that the works proposed to be undertaken at St Teresa’s Primary School, Dumfries should proceed as planned and be completed before the beginning of the Autumn school term and that it be remitted to officers to advise parents of the works and to address any concerns raised

9B.1.3 On a vote being taken by roll call Members voted as follows

Motion - 9 Votes being

Ted Brown, Grahame A Forster, Jeff Leaver, Sean W Marshall, John Martin, Ronnie Nicholson, Ronnie Ogilvie, Willie Scobie and Davie Stitt

Amendment - 26 Votes being:

Patsy Gilroy, Graham J Bell, Ian Blake, Richard J Brodie, Ian B Carruthers, John A Charteris, Brian Collins, Rob Davidson, lain W Dick, Michael Dickie, John Dougan, Peter Duncan, Gill Dykes, Alistair Geddes, Jack Groom, Robert J Higgins, Bruce Hodgson, Thomas Jacques, Sandra McDowall, Lorna J McGowan, Gail MacGregor, Graham Nicol, Doug Snell, Roberta Tuckfield, Alastair Witts and Andrew S Wood

Abstentions - 2 being Ian Lindsay, George N Prentice

Decision

AGREED that the works proposed to be undertaken at St Teresa’s Primary School, Dumfries should proceed as planned and be completed before the beginning of the Autumn school term and that it be remitted to officers to advise parents of the works and to address any concerns raised.


I O . MINUTES

10.1 EDUCATION & COMMUNITY SERVICES 14 June 2007 - Sandra McDowall and Patsy Gilroy

Decision

APPROVED

10.2 GOVERNANCE AND AUDIT 19 June 2007 - Robert J Higgins and Andrew S Wood

Decision

APPROVED

10.3 PLANNING, HOUSING & ENVIRONMENT SERVICES 7June 2007 - Bruce Hodgson and Patsy Gilroy

Decision

APPROVED

10.4 POLICE, FIRE AND RESCUE 12 June 2007 - Ian Blake and Alistair Witts

Decision

APPROVED

10.5 POLICY 7 June 2007 - Bruce Hodgson and Patsy Gilroy

Decision

APPROVED

10.6 RESOURCES COMMITTEE 14 June 2007 - Peter Duncan and Ian Carruthers

Decision

APPROVED

10.7 SCRUTINY 12 June 2007 - Alistair Geddes and Andrew S Wood

Decision

APPROVED


10.8 SOCIAL SERVICES 19 June 2007 - John Dougan and Patsy Gilroy

Decision

APPROVED subject to amendment in frontis to read Ronnie Ogilvie - Annandale South.

14

Appendix 1

SCHEME OF ADMINISTRATION AND

DELEGATION TO COMMITTEES

JUNE 2007

Alex Haswell Group Manager

Corporate Support and Governance

INTRODUCTION

POWERS RESERVED TO THE COUNCIL

COMMITTEES

CONSTITUTION OF COMMITTEES

DELEGATION TO COMMITTEES

STANDING SUB COMMITTEES

NUMBER OF MEETINGS

PLACE AND TIME OF MEETINGS

INTERPRETATION OF AND AMENDMENTS TO THE SCHEME

APPENDIX A

APPENDIX B

PAGE

Add in

Amendments

June 2007

June 2007 Scheme of Administration and Delegation to Committees

1. INTRODUCTION

1 .I

1.2

1.3

1.4

1.5

1.6

Dumfries and Galloway Council's approach to delegation is informed by the Council's main aim which is to make Dumfries and Galloway one of the best places to live, learn, work and grow up in Scotland.

To achieve this the Council is committed to setting and securing the highest standards in decision making.

Dumfries and Galloway Council is only permitted to do what statute empowers it to do. In the absence of a decision by the Council to the contrary, all powers are exercisable by the Council.

Such a requirement is unworkable and the Council has therefore chosen to exercise its powers under Section 56 of the Local Government (Scotland) Act 1973 to discharge any of its functions by Committee, Sub-committee or Officer.

Certain of the Council's powers cannot be delegated and these are detailed in the Council's Standing Orders and reiterated in the following section.

A separate Scheme of Delegation to Officers provides the framework and guidance for and the powers given to Officers.

2. POWERS RESERVED TO THE COUNCIL

The following statutory and non statutory exclusions are detailed as follows:

Statutorv Exclusions

Changing the name of the Council in terms of Section 23 of the Local Government (Scotland) Act 1973

The appointment of the Leader and Convener of the Council and early removal from office

The appointment of Committees in terms of Section 57 of the Local Government (Scotland) Act 1973

The promotion and opposition of private legislation in terms of Section 82 of the Local Government (Scotland) Act 1973

Setting the Council Tax in terms of Section 56(6) of the Local Government Scotland Act 1973

Receiving the certified abstract of the Council's annual accounts

The consideration of reports by the Head of Paid Service under Section 4 of the Local Government and Housing Act 1989

June 2007


The consideration of reports by the Scottish Public Services Ombudsman in terms of Section 15 of the Scottish Public Services Ombudsman Act 2002

Deciding whether or not divide the Council’s area into Licensing Divisions and to appoint Members to Boards in terms of Section 46 of the Local Government etc (Scotland) Act 1994. The consideration of reports by the Scottish Public Services Ombudsman in terms of Section 15 of the Scottish Public Services Ombudsman Act 2002

Deciding whether or not divide the Council’s area into Licensing Divisions and to appoint Members to Boards in terms of Section 46 of the Local Government etc (Scotland) Act 1994.

Non Statutorv Exclusions

Fixing (and amending) the constitution, membership and functions of Committees and appointing Chairmen, Vice Chairmen and Members of Committees

Determining all matters relevant to the appointment of Senior Councillors in terms of the Local Government in Scotland Act 2004 (Allowances and Expenses) Regulations 2007 Fixing (and amending) the programme of Council and Committee meetings

Determining the Council’s annual revenue budget and capital programme

Determining the process for selection, appointment and dismissal of the Chief Executive, any Chief Officer or such other officers required by Statute to be appointed or dismissed only by the Council

Appointment of the Monitoring Officer and the Returning Officer

The consideration of statutory reports from the Controller of Audit, or from the Council’s External Auditor

The determination of arrangements for the administration of common good funds and other trusts (but excluding endowments intended for the benefit of specified schools) for which the Council is responsible

The making (and as necessary) revocation or amendment of byelaws

The making (and amendment) of the Schemes of Administration and Delegation

The making (and amendment) of Standing Orders

Authorisation of the use of the Council’s Common Seal and Coat of Arms

June 2007

June 2007

3. COMMITTEES

Scheme of Administration and Delegation to Committees

3.1

3.2

3.3

3.4

The Council will appoint such Committees, Su b-Committees and Area Committees as it considers necessary and will prepare and adopt Schemes of Administration and Delegation for the reference and delegation of business to Committees, Sub-Committees, Area Committees and Officers for the purpose of arranging for the discharge of all functions of the Council except those specified in Section 2 of the Scheme - Powers Reserved to the Council.

Standing Sub-committees will only be established with the approval of the Council. However, Service Committees may establish fixed life time ad-hoc Sub-committees as deemed necessary and Area Committees may establish Standing Sub Committees for the discharge of functions relating to the Common Good Funds, Trusts and other Local issues.

The Scheme of Administration and Delegation to Committees made and adopted by the Council in terms of Standing Order 11 .I and any amendments made by the Council thereto are incorporated into the Councils Standing Orders.

The Council will appoint the following Committees:

3.4.1 Corporate Committees:

0 Policy 0 Resources

3.4.2 Strategic Service Committees:

0 Education and Community Services 0 Planning Housing and Environment Services 0 Social Work Services 0 Police Fire and Rescue

3.4.3 Scrutiny Committee

3.4.4 Governance and Audit Committee

3.4.5 Area Committees

0 Wigtown Stewartry Nithsdale

0 Annandale and Eskdale

3.5 The Committees will have the constitution, reference and delegation specified in this Scheme and may arrange for the discharge of their functions by a

June 2007


Sub-committee (subject to paragraph 3.2 above), Area Committee or by an Officer.

4. CONSTITUTION OF COMMITTEES

Committees will be constituted as follows:

4.1 Corporate and Strategic Service Committees will consist of Members in such numbers as agreed by Council with in addition the Leader and Convener.

4.2 In addition to 4.1 the Education and Community Services Committee will have three statutory representatives

0 one representative of the Church of Scotland. 0 one representative of the Roman Catholic Church. 0 one person interested in the promotion of religious

education

and may also appoint:

0 two teachers employed (one from primary and one from secondary) in educational establishments under the management of the Council.

0 the method of election of these five members is set out in Appendices A and B to this Scheme.

4.2.1. The Religious Representatives have the right to speak and vote on all educational matters considered by the Committee.

4.2.2 The Teacher Representatives may speak but are statutorily barred from voting on any matter.

4.3 In addition to 4.1 the Chairman and Chief Executive of Dumfries and Galloway NHS will be invited to attend all meetings of the Social Work Services Committee and to participate in debates without voting rights.

4.4 It is for each political group to name their members on Committee by submission in writing to the Proper Officer and subsequent approval by Council. Thereafter a political group may change their nomination(s) by submission in writing, to the Proper Officer and subsequent approval by Council.

June 2007


4.5 Area Committees will consist of:

0 Members whose Electoral Wards are wholly or partly within the boundaries of those Committees as defined by the Council from time to time; and

any Member, approved by Council who has a recognised community interest in an adjoining Area Committee.

0 Area Committees may co-opt Community representatives if they so wish but these representatives will have no voting right.

4.7 Sub-Committees will consist of members of the parent Committee in such numbers as agreed by the Council with the addition of the Convener and the Leader unless otherwise determined and formally minuted by the Council.

4.8 Unless otherwise decided by a Committee, substitution on Sub- committees is permitted subject to the following criteria:-

0 the substitute must be an elected Member of the appointing Committee;

0 the substitute is appointed for the whole meeting concerned; 0 the substitute must be formally intimated to the appropriate officer

by the Group Leader whom failing the Depute Group Leader; 0 the substitute must declare his presence at the beginning of the

meeting and be so minuted; and 0 the substitute is not a depute or proxy for the original Member.

4.9 Liquor Licensing Divisional Board(s1

4.9.1 The Council has agreed that the area be divided into four Liquor Licensing Divisions.

4.9.2 The Council will appoint Members to the Divisional Licensing Boards.

4.9.3 The Divisional Board(s) are not Committees of the Council.

5. DELEGATION TO COMMITTEES

There will be delegated to Committees all of the functions of the Council, except those specified in Section 2 - Powers Reserved to the Council.

5.1 Policv Committee

Delegations

To provide direction in the following areas:

June 2007


0 All strategic and corporate policy including major financial, procurement, communications, customer care, decentralisation and voluntary sector strategic policies and programmes;

0 Policies and strategies to meet the Council's objectives under the Community Plan, Corporate Plan;

0 Corporate policies and strategies to promote social inclusion, social equality;

0 The overall petformance and quality of Council services in meeting policy objectives measured against approved indicators and targets;

And specifically

to enable Dumfries and Galloway Council to manage its services by developing, implementing and reviewing the Corporate and Community Plans, Corporate Polices and Governance;

0 to ensure the services of Dumfries and Galloway Council are integrated and working towards common goals and in the best interests of the citizens of Dumfries and Galloway;

0 to set out clear budgets and to undertake forward financial planning of capital and revenue expenditure throughout all Council services

0 to determine and monitor the policies affecting the external affairs of the Council, including those:

- with COSLA -with the Scottish Executive and Scottish Parliament - with central Government - in Europe - with other Local Authorities -with Community Planning partners in Dumfries and

- with voluntary sector agencies Galloway

0 to determine electoral boundaries, wards and oversee elections of Members;

0 to oversee the Council's Scheme for Decentralisation and its operation

0 lobbying on matters of a corporate nature 0 civic affairs 0 management of the Council's role in major emergencies 0 corporate policy functions if not otherwise delegated 0 to determine Chief Officers, Chief Constable, Chief Fire Officer

salaries

through Area Committees

June 2007


5.2 Scrutiny Committee

Functions:

to scrutinise the process by which decisions are made by and performance of the Policy and Service Committees, both on individual decisions and over time. to scrutinise the performance of the Council in relation to its policy objectives, performance targets and or particular service areas. to make recommendations to the Council arising from the outcome of the Scrutiny process.

Remit:

a

a

a

a

to ensure that best value is achieved in the decision making process, through the impact of decisions and in service delivery; to develop and monitor the Council's approach to Service and Strategic Reviews as undertaken by Service and Area Committees; to hold the Policy Committee to account for developing and i m pl e m e n t i ng po I icy; external inspections and value for money reports and their application to be considered by the Committee, including value for money audits on funding of external bodies; performance review through the regular monitoring and reporting of financial and non-financial performance; monitoring of specific projects with regard to sustainability; to link with Area Committees in terms of their role in the scrutiny of local service delivery; to ensure the development of, and monitoring the implementation of and compliance with, the Strategic Management Framework; and appreciating that the Scrutiny Committee cannot seek to change a decision of the Council , to recall for review, in appropriate circumstances, issues and decisions

5.3 Resources Committee

Delegation

to focus on the use of the Council's non-financial resources to further the Council's corporate objectives to oversee the integration of appropriate assets with the Council's Com mu nity Planning partners

June 2007


0 the development of Policy Strategies relating to Human Resources, Asset Management Planning and Information Technology the development of Strategies for Combined Services functions and the Wider Agenda for Change

0 to function as the reporting body for: 0 operational finance matters (including operational decisions about Council tax and the performance of the Council's investments)

personnel services 0 appeals and grievances

health and safety 0 legal services 0 information services 0 property services

assessor and electoral registration 0 civic government, miscellaneous licensing and district courts 0 Corporate Services staff

to oversee the delivery of:

0

0

0

0

0

0

0

0

0

0

0

0

0

0

architectural services engineering design services fleet management and vehicle maintenance supplies and procurement property ma in tena n ce and con st ru ct ion grounds and burials public conveniences refuse collection roads maintenance roads network operations street CleansingAighting building cleaning school and welfare catering home care services/supporting people services

5.4 Education and Community Services Committee

Delegation

To develop and oversee the Strategic development and management of:

Schools - pre-schools, primary schools and secondary schools 0 Leisure and Sport

June 2007


0 Libraries, Arts and Museums Registration of Births, Deaths and Marriages

0 Youth Work 0 Childcare Arrangements 0 Community Learning and Development Strategy

Voluntary Sector Funding and Development Responsibility for The Integrated Children’s Services Plan

5.5 Planning Housinq and Environment Services Committee

Delegation

To develop and oversee the management of:

0

0

0

development and environment including building and development control, environmental health and trading stand a rd s ; Economic regeneration including economic and environmental planning, European programmes and industrial properties, Climate Change and sustainability issues and tourism; strategic planning and transportation including development and transport strategies, planning policy advice, strategic infrastructure and assets and integrated waste management; Strategic Housing including lead responsibility for the preparation, monitoring and delivery of the Council’s Local Housing Strategy ; Development of relevant and appropriate housing policies by linking responsibilities for housing renewal; development planning and economic regeneration; Implementation of policies to deliver more local affordable housing to meet the needs of communities through corporate and partnership working to support economic regeneration and sustainable development: Private sector housing repair grants; and Neighbourhood Renewal.

5.6 Social Work Services Committee

Delegation

To develop and oversee the management of:

0 Services for adults and older people; 0 Services for children and families; 0 Out of hours services;

June 2007


e

e

e

e

e

e

e

e

e

e

e

e

e

e

e

e

e

e

e

e

e

e

Criminal justice including oversight of Community Justice Authority Action Plans; Oversight of the Children’s Panel Advisory Committee; Social Work Services comments and complaints; and Social Work education and training; Major Housing Services functions such as Homelessness and Supporting People consistent with the linkages between this Committee and the Planning, Housing and Environment Services Committee in respect of Strategic Housing Policy development and implementation ; The development and maintenance of quality, innovative,

e effective and efficient social work services to respond to the assessed needs of the residents of Dumfries and Galloway;

to ensure that Social Work statutory functions are fulfilled; to monitor standards of Social Services; to develop policy in respect of Social Work Authority functions; to ensure the development of services for vulnerable children and children in need across all services of the Council appreciating Members’ corporate parenting role; to ensure the protection of children and vulnerable adults; to oversee the development and implantation of the Council’s child protection responsibilities and to receive regular reports from the Child Protection Committee; the development and implementation of the Integrated Children’s Services Plan; to develop not only services for older people in accordance with guidance and the joint future agenda, but also services for adults including people with disabilities; to develop criminal justice social work services andoversight of the Community Justice Authority Area Plan; oversight of the Children’s Panel Advisory Committee; to oversee the development of and agreement with NHS Dumfries and Galloway of the Health and Community Care Plan; to receive regular reports from the statutory Chief Social Worker Officer regarding the overall performance of Social Work Functions; to oversee the development of and implementation of the Council’s Homelessness Strategy and the delivery of its Statutory Homelessness Functions; to oversee the development and implementation of the Council’s Supporting People Services; contribute to the development, monitoring and implementation of key elements of the Council’s Local Housing Strategy which have a clear social care element;

June 2007


0 the development and implementation of the Integrated Children’s Services Plan as a Joint Responsibility with the Education and Community Services;

0 the oversight of the “Delivering Charge” action plan.

5.7 Police, Fire and Rescue Committee

Delegation

To act on behalf of the Council as Police and Fire and Rescue Authority in:

0 consultation with the local community regarding police and fire matters;

0 publishing an annual police and fire Best Value performance plans setting out priorities for the year ahead, performance targets and the allocation of resources to meet those priorities;

0 monitor Best Value and Continuous Improvement activities pertaining to police and fire matters;

0 appointment of the Chief Constable and Chief Fire Officer and their Deputes (or equivalents);

0 the development of policy, strategy and priorities in Community Safety; and

0 the development of policy, strategy and priorities in Civil Contingency and Emergency Planning with a specific remit in the development of Community Safety Partnerships.

5.8 Governance and Audit Committee

Delegation

Gove rna nce

to oversee the Council’s responsibilities in terns of the Ethical Standards in Public Life etc (Scotland) Act 2000 promoting and maintaining high standards of conduct by elected Members and co-opted members assisting elected Members and co-opted members to observe the National Code of Conduct for Councillors including arranging for training to be provided assisting Community Council members to observe the Code of Conduct for Community Councillors including arranging for appropriate training to be provided consideration of any consultation papers or reports issued by the Standards Commission for Scotland all matters concerning the establishment, maintenance and public availability of the Register of Members’ Interests

June 2007


e

e

e

Audit

e

e

e

e

e

e

e

e

a

a

including guidance for the assistance of members on the registration of interests, gifts and hospitality consideration of any report or recommendation made by the Standards Commission for Scotland in respect of any breach of the National Code of Conduct by an elected Member consideration of reports from the Scottish Public Services Ombudsman development and implementation of the Governance Assu ran ce S ta tem en t

independent assurances of the adequacy of the risk management framework and the associated control environment within the authority independent scrutiny of the authority’s financial and non financial performance to the extent that it affects the authority’s exposure to risk and weakens the control environment assurance that any issues arising from the process of drawing up, auditing and certifying the authority’s annual accounts were properly dealt with to review the establishment and maintenance of an effective system of internal control to review the activities of the Internal Audit function, including its annual work programme and progress against the programme and the outcome of major findings of Internal Audit investigations. to ensure that the Internal Audit function is properly resourced and has appropriate standing within the Council to seek evidence that the role of Internal Audit is understood and respected by Officers and actively promoted to review the adequacy of policies for ensuring compliance with relevant statutes, directions, guidance and policies which seek to ensure the orderly conduct of business; safeguarding of assets; the timely production of accurate and complete financial information and adherence to the principles of good corporate governance to review the adequacy of structures, processes and responsibilities for identifying and managing key risks within the Council and to recall for review where concerns are identified in respect of the adequacy of these arrangements to review External Audit reports together with the management response and ensure effective co-ordination between Internal and External Audit

June 2007


in respect of Best Value and subject to this Committee’s complementary role with the Scrutiny Committee to seek evidence that Best Value has been achieved the development and implementation of the Council’s Governance and Assurance Statement

5.9 Area Committees

Delegation

(1 ) Decision making functions

e

e

e

e

e

e

e

e

e

e

e

e

e

regulatory functions at local level delegated from Committees subject to their policy direction including:

- developmentlbuilding control - miscellaneous non liquor licensing - other functions delegated from Committees development and agreement of Area Community Plan agreement of Council Area Management Team workplan development and agreement of local Community charter oversee community planning at the local level community development at a local level including youth and community involvement, voluntary organisations and customer liaison community safety services at local level including general antisocial behaviour services, noise abatement, environmental enforcement and community wardens allocate and manage delegated local services budgets and to influence the delivery of other Council services at a local level Council support services at a local level including the integration of back office and front office services asset management planning at area level allocate and manage delegated discretionary budgets (including grants to external organisations) performance monitoring of local services against agreed targets administration and oversight of local activities and services including common goods and trusts

(2) Information and advisory functions

annual review of Council’s Corporate Plan and Council‘s spending priorities prior to annual budget setting; advise Council and Corporate Council Committees on matters of interest in their area;

June 2007


0 performance review of all Council Services including service levels evaluation, reliability accessibility and feedback on policy; and

0 receive presentations on new, major local developments from community planning partners.

June 2007


6. STANDING SUB COMMITTEES

The Council has established Sub Committees of the Committees detailed with the following Delegations and Remits:

6.1 Policy Committee:

6.1 .I Standing Sub Committee - The Finance Sub Committee

A Sub Committee comprising 13 Members including the Leader and Convener ex office in proportionality (being 5 ConservativeslLiberaI Democrat Group Members plus Leader and Convener, 3 Labour Group Members and 3 SNPllndependent Group Members) with the remit to control of the Council’s capital budgets, monitoring and review of the revenue budgets and budget development;

6.2 Resources Committee

5 Standing Sub Committees:

6.2.1 Asset Management Sub Committee - comprising 13 Members of the Resources Committee on a proportional basis with no ex officio Members, to oversee and direct mainstream functions in respect of Asset Management Planning, the acquisition and disposal of Land and Property and any other matters delegated from time to time by the Resources Committee;

6.2.2 Combined Services Sub Committee - comprising 13 Members of the Resources Committee, on a proportional basis with no ex officio Members to oversee and direct mainstream functions of Combined Services and developing proposals for the future of these services;

6.2.3 An Employment and Appeals Sub Committee - comprising 9 Members based on proportionality and 9 named substitutes again on proportionality with the remit to hear appeals against dismissal and for the short-listing and appointment of applicants for senior positions.

6.2.4 A Pension Fund Investment Sub Committee - comprising 9 Members based on proportionality with the remit to review investment strategy and total fund performance review.

6.2.5 A Health and Safety Sub Committee - comprising 9 Members based on proportionality with the remit to respond to issues raised in relation to corporate policies; performance information; inspection and audit reports; accident statistics and Health and Safety costs and any other matters -

deemed necessary

6.3 Committees.

Education and Community Services Committee - No standing Sub

June 2007


6.4 standing Sub Committees.

Planning, Housing and Environment Services Committee - No

7.

8.

9.

6.5 Social Work Services Committee - No standing Sub Committees.

6.6 Police, Fire and Rescue Committee - 4 standing Sub Committees.

0 Complaints against the Police Sub Committee - comprising 5 Members on the basis of proportionality with the remit to scrutinise the way in which the Police Force handles complaints.

0 Complaints against Senior Police Officers Sub Committee - comprising 5 Members on the basis of proportionality with the remit to consider any reported allegations against the Chief Constable or Depute Chief Constable.

0 Selection of Chief Police and Fire Officers Sub Committee - comprising 5 Members on a basis of proportionality with the remit to appoint the Chief Constable and Chief Fire Officer and second tier appropriate to these services.

Ad Hoc Fire Modernisation Sub Committee comprising 9 Members on a basis of proportionality with the remit to endorse the Fire and Rescue Service Strategic Plan for 2004-2007.

6.7 Scrutiny Committee - No standing Sub Committees.

6.8 Governance and Audit Committee - No standing Sub Committees.

6.9 Area Committees

Area Committees may establish Standing Sub Committees for the discharge of functions relating to Common Good Funds, Trusts and other local issues.

NUMBER OF MEETINGS

A Committee, Sub-committee or Area Committee shall hold in every calendar year such meetings as necessary.

PLACE AND TIME OF MEETINGS

Meetings shall be held at such place and on such days and times as determined by Council.

INTERPRETATION OF AND AMENDMENTS TO THE SCHEME

9.1 All matters of interpretation of the Scheme are to be determined by the Group Manager, Corporate Support and Governance.

June 2007


9.2 The Group Manager, Corporate Support and Governance is authorised to supply any omission in or necessary amendment to or to correct any error arising in this Scheme which is of an administrative natu re.

June 2007


APPENDIX A

SCHEME FOR APPOINTMENT OF REPRESENTATIVES OF CHURCHES AND DENOMINATIONAL BODIES TO NOMINATE A PERSON INTERESTED IN THE PROMOTION OF RELIGIOUS EDUCATION TO SERVE ON THE EDUCATION AND COMMUNITY SERVICES COMMITTEE

The Local Government (Scotland) Act 1973 requires the Dumfries and Galloway Council to appoint as Members of their Education and Community Services Committee at least three persons interested in the promotion of religious education. Arrangements have been made, in pursuance of Section 124(3) (a) of the Act for one nomination each to be made by the Church of Scotland and by the Roman Catholic Church.

So far as the third statutory appointee is concerned a Meeting of Representatives of Churches and Denominational Bodies, having duly constituted charges or other regularly appointed places of worship, within the area of Dumfries and Galloway Council, will be arranged for the purpose of nominating, in terms of Section 124(3) (a)(iii) of the Act, one person interested in the promotion of religious education. In terms of the Act the Council as Education Authority shall in making this appointment have regard (taking account of representation of the Church of Scotland and the Roman Catholic Church) to the comparative strength within their areas of all the Churches and Denominational Bodies having duly constituted charges or other regularly appointed place of worship there.

Each Church or Denominational Body within the Region which satisfies the requirement and wishing to be represented at the Meeting is required to submit the name of their Church or Denominational Body and number and places of worship. Representation at the Meeting will be in accordance with the following Scheme:-

1 Each Church or Denominational Body having not more than three duly constituted charges or regularly appointed places of worship within the Region shall be entitled to have one Representative at the Meeting.

2 Each Church or Denominational Body having more than three and not more than seven duly constituted charges or regularly appointed places of worship within the Region shall be entitled to have two Representatives at the Meeting.

3 Each Church or Denominational Body having more than seven duly constituted charges or regularly appointed places of worship within the Region shall be entitled to have two Representatives at the Meeting in respect of the first seven such duly constituted charges or regularly appointed places of worship, and one additional Representative in respect of every five such duly constituted charges or regularly appointed places of worship in excess of seven.

4 Each person appointed to serve on the Education and Community Services Committee in accordance with this Scheme shall hold office until the Council as Education Authority appoint to the Education and Community Services Committee another person following a General Election of Council members or until intimation is given by the Church of Scotland, the Hierarchy of the Roman

June 2007


Catholic Church or Denominational Body exercising the right to appoint the third person interested in the promotion of religious education, that such person has ceased to be the representative of the Church or particular body concerned, whichever shall first happen.

June 2007


APPENDIX B

SCHEME FOR THE APPOINTMENT OF TEACHERS TO THE EDUCATION AND COMMUNITY SERVICES COMMITTEE

WHEREAS the Council has resolved to appoint to their Education and Community Services Committee persons who are not members of the authority, which persons shall be two teachers employed in educational establishments under the management of the authority nominated in such manner as may be determined by the authority.

AND WHEREAS the term "teacher" includes, except where the context otherwise determines, all school teachers in nursery, primary, special and secondary schools.

IT IS PROPOSED that the members of the Education and Community Services Committee who are teachers employed in educational establishments under the management of the authority shall be appointed in accordance with the following procedure.

Number of Members

1 The number of teacher representatives on the Education and Community Services Committee shall be two.

2 one teacher representative ("the primary representative") shall be elected by teachers employed in one of the educational establishments in the nursery, primary and special educational sectors under the management of the authority ("the primary sectors"), nominations and voting powers to be restricted to teachers from these sectors; whilst the other teacher representative ("the secondary representative") shall be elected by teachers employed in one of the educational establishments in the secondary sector under the management of the authority, nominations and voting powers to be restricted to teachers from these sectors.

Notice of Election

3 The Notice of Election shall be prepared and signed by the Returning Officer and published by him by causing the notice or a copy thereof to be conspicuously displayed at or near the entrance to the Council Headquarters and in each educational establishment within the Region.

Nomination of Candidate

4 (a) Each person nominated must be a teacher employed in one of the ~

educational establishments under the management of the authority nominated in such a manner as may be determined by the authority; he or she must be proposed by one similar teacher and be seconded by a not her;

June 2007


and each nomination paper must be signed by the person nominated and by the proposer and seconder.

(b) Every person nominated as a candidate for the office of primary representative and every person proposing or seconding such candidate shall be a teacher employed in the primary sectors; and every person nominated as a candidate for the office of secondary representative and every person proposing or seconding such candidate shall be a teacher employed in the secondary sectors.

Uncontested Election

5 (a) If only one duly completed nomination for the office of primary representative is received by the Returning Officer the person nominated shall be deemed to have been appointed.

(b) If only one duly completed nomination for the office of secondary representative is received by the Returning Officer the person nominated shall be deemed to have been appointed.

Withdrawal of Nominations

6 (a) If more than one duly completed nomination is received by the Returning Officer for the office either of primary representative or secondary representative, he shall intimate by letter, transmitted by registered post and addressed to each of the persons nominated, that any of such nominations may be withdrawn by written intimation lodged with him; but subject to the provision that no such withdrawal shall be competent if its effect is to reduce the number of persons nominated below the number of members to be appointed.

(b) If following any withdrawals in accordance with the foregoing sub- paragraph there remains only one duly completed nomination for the office either of the primary representative or the secondary representative, the person whose nomination has not been withdrawn shall be deemed to have been appointed.

Method of Election

7 (a) If there remains more than one duly completed nomination received by the Returning Officer and not withdrawn for the office of primary representative the Returning officer shall, by notice posted at each educational establishment in the primary sectors, give intimation of the persons nominated and shall afford each of the teachers employed in the primary sectors an opportunity of voting by post for one of the persons so nominated. The person appointed shall be determined by such postal vote.

(b) If there remains more than one duly completed nomination received by the Returning Officer and not withdrawn for the office of secondary

June 2007


representative, the Returning Officer shall, by notice posted at each educational establishment in the secondary sectors, give intimation of the persons nominated and shall afford each of the teachers employed in the secondary sectors as an opportunity of voting by post for one of the persons so nominated. The person appointed shall be determined by such postal vote.

8 In every year in which ordinary elections of Councillors are held the election of the two teacher representatives shall be conducted at such time as to ensure that the names of the persons elected can be reported to the first meeting of the Council following the ordinary elections.

9 The name(s) of the person(s) elected in accordance with these procedures shall be reported to the Council and the appointment of such person(s) shall be effective immediately following such meeting of the Council.

Timetable

10 The proceedings at the election shall be conducted substantially in accordance with the provisions as to time set out in Part 1 of the Scottish Local Election Rules 1986.

11 Each person appointed to serve on the Education and Community Services Committee in accordance with this Scheme shall hold office until the Council as Education Authority appoints to the Education and Community Services Committee in accordance with the Scheme another person following a General Election of Council Members or until he or she ceases to be a teacher or lecturer so employed, whichever shall first happen.

Casual Vacancies

The Council’s Standing Orders regarding Casual Vacancies shall not apply to casual vacancies in the office of teacher representatives on the Education and Community Services Committee. Every casual vacancy in these offices shall be notified in the first instance either to the Council or to the Corporate Policy Committee. The proceedings of the Education and Community Services Committee shall not be invalidated through any vacancy in teacher rep resen tat ion.

The filling of any casual vacancies in the office either of primary representative or secondary representative shall, following notification, proceed in accordance with the above procedures.

June 2007

Appendix 2

Re com men da t i o ns made by Corporate, Service, Sc ru t i n y, Govern an ce and Audit Committees:

Social Services Committee:- 0 that this Committee should be referred to as the Social Work Services

Committee; 0 that an early report should be submitted to this Committee regarding

the possible establishment of a Sub Committee on Complaints and Petfor ma nce I m prove men t ; that a seminar be arranged for early July on the action plan “Delivering Change’’ which arose from the Social Work Inspection Agency reports;

0 that strategic operational and partnership working arrangements and oversight of the Homelessness Improvement Plan should be a key consideration for this Committee. Further, recognising that the lead responsibility for the development of the Local Housing Strategy has been recommended to lie with the Planning Housing and Environment Services Committee this strategy could only be developed and implemented through close co-operation across services including Social Work, partners such as Dumfries and Galloway NHS and with Registered Social Landlords and that the constitutional arrangements should provide for co-joined meetings between this Committee and the Planning Housing and Environment Services Committee; to receive a report to an early meeting on options for the further development of the Joint Future Agenda and its extension to incorporate the Children’s Social Care Agenda with a view to reviewing constitutional arrangements with particular reference to Children’s Services when developing the budget for 200812009 appreciating the linkages between this Committee and the Education and Community Services Committee in the provision of Children’s Services;

0 that the delegations to the Social Services Committee should provide for the committee to meet at least quarterly and on a co-joined basis, with either the NHS Board or a Committee so designated by NHS Dumfries and Galloway to progress the Joint Future Agenda and its extension to incorporate the Children’s Social Care Agenda. Further that an early report on options for the further development of the constitutional arrangements and options to progress this joint future agenda should be presented for member consideration;

Education and Community Services Committee:- 0 to receive a report to an early meeting on options for the further

development of the Joint Future Agenda and its extension to incorporate the Children’s Social Care Agenda with a view to reviewing constitutional arrangements with particular reference to Children’s Services when developing the budget for 2008/2009 appreciating the linkages between this Committee and the Social Services Committee in the provision of Children’s Services.

Scrutiny Committee:- 0 that training be provided for all Members on the scrutiny function.

Governance and Audit Committee:- 0 that the delegations to the Governance and Audit Committee and

Scrutiny Committee required to be distinctly defined to ensure no overlap of confusion.

l ues 15

Thurs 24

l ues Thurs

Tues

Thurs

Tues Fri

Mon

lues Thurs

Fri

l ues Thurs Tues

Thurs l ues Thurs

MAY (May Day 7 May)

AM

D & G Council

CORPORATE, SERVI RNANCE AND AUDIT AND SCRUTINY CO~MITTEES~COUNCI F MEETINGS MAY 2007 TO MARCH 2008

AUGUST 2007

D & G Council

JUNE 2007 AM

05 07 Policy

12 Police, Fire & Rescue

14 Resources

19 Governance and Audit 22 Nithsdale Divisional Licensing

25 Stewartry Divisional Licensing

26 Dumfries and Galloway Council 28 Annandale & Eskdale Divisional

29 Wigtown Divisional Licensing Board

Board

Board

Licensing Board

JULY 2007 AM

03 Policy 05 Police, Fire and Rescue 10 Planning, Housing and

Environment Services 12 Scrutiny Training 17 Finance Sub Committee 19 Social Work Services

PM

PM

Planning, Housing and Environment Services Scrutiny

Education and Community Services Social Work Services

PM Resources

Scrutiny Social Work Services Training Education and Community Services

rues

Thurs

Tues Thurs

Tues

Thurs

Tues Thurs

Tues

Thurs

Tues Thurs

lues

Thurs

14

16

21 23

28

30

04 06

11

13

18 20

25

27

AM

Planning, Housing and Environment Services Social Work Services

Resources Asset Management Sub Committee Education and Community Services D & G Council

SEPTEMBER 2007 AM Policy Social Work Services

Planning, Housing and Environment Services Asset Management Sub Committee Police, Fire and Rescue Governance and Audit

Education and Community Services Finance Sub Committee

PM

Employment & Appeals Sub Committee Governance and Audit Combined Services Sub Committee Finance

Pension Fund Sub Committee

PM Scrutiny Complaints Against the Police Sub Committee

Employment & Appeals Sub Committee

Health & Safety Sub Committee

w

Tues

Wed

Thurs

Tues

Tues Thurs

Fri

Tues

Thurs

Wed

Tues Thurs

Tues

Thurs

Tues

Thurs Tues Thurs

02

03

04

09

16 18

19

23

25

31

06 08

13

15

20

22 27 29

ORPO

OCTOBER 2007 AM Scrutiny

Stewartry Divisional Licensing Board Social Work Services

Planning, Housing and Environment Services Resources Asset Management Sub Committee Nithsdale Divisional Licensing Board Education and Community Services D & G Council

PM Policy

Employment & Appeals Sub Committee

Combined Services Sub Committee

Finance Sub Committee

Annandale & Eskdale Divisional Licensing Board

Wigtown Divisional Licensing Board

NOVEMBER 2007 AM PM Policy Scrutiny Social Work Services

Planning, Housing and Environment Services Asset Management Sub Committee Committee Police, Fire and Rescue

Finance Sub Committee Resources Governance and Audit Pension Fund Sub Committee

Complaints Against the Police Sub Committee

Employment & Appeals Sub

Education and Community Services

Health & Safety Sub Committee

AND SCRUTINY CO INGS MAY 2007 TO MARCH 2008

Tues 04

Thurs 06

Tues 11

Thurs 13

DECEMBER 2007 AM PM Scrutiny Combined Services Sub

Social Work Services

Planning, Housing and Environment Services D & G Council

Committee Education and Community Services Finance Sub Committee

Thurs Tues Thurs

Tues

Thurs

Tues Thurs Tues Thurs

Tues Thurs Tues

Thurs

Tues Thurs

Tues Thurs

Tues Thurs

Tue

Thurs

Tue Thurs Tue Thurs

03 08 10

15

17

22 24 29 31

05 07 12

14

19 21

26 28

04 06

11

13

18 20 25 27

E, SERVICE AND GOV RUTIN N CIL CALENDAR ARCH

JANUARY 2008 Finance Sub Committee Scrutiny Finance Sub Committee

Planning, Housing and Environment Services Finance sub Committee

Police, Fire and Rescue Finance Sub Committee Education and Community Services Policy

Policy Asset Management Sub Committee

Employment & Appeals Sub Committee Social Work Services

Finance Sub Committee

FEBRUARY 2008

Scrutiny Council Tax setting day Planning, Housing and Environment Services Employment & Appeals Sub Committee Committee Resources Social Work Services Combined Services Sub Committee

Education and Community Services Pension Fund Sub Committee

Asset Management Sub

Complaints Against the Police Sub Committee

MARCH 2008 EASTER - Friday 21 - Monday 24 March 2008 Scrutiny Policy Employment & Appeals Sub Committee Planning, Housing and Environment Services Finance Sub Committee

Police, Fire and Rescue D & G Council Education and Community Services

Asset Management Sub Committee Social Work Services

Heath & Safety Sub Committee

VERSION AS AT 18 JUNE 2007

All morning meetings begin at 10.30am unless otherwise shown. All afternoon meetings begin at 2.00pm unless otherwise shown. Further Sub-committee meetings will be added, taking place mainly on Thursdays Policy Committee in first six months will meet monthly Planning, Housing and Environment Services Committee in first six months will meet monthly Police, Fire and Rescue Committee in first six months will meet bi-monthly Governance and Audit Committee will meet bi-monthly Scrutiny Committee in the first six month will meet monthly Resources Committee in the first six months will meet bi-monthly Education and Community Services Committee in the first six months will meet monthly Social Services Committee in the first six months will meet monthly First meetings in June will be single items - role and remits only

G:\CSDATA\Secretary\Files 2007\Committees\Corp & Ser comm timetable 18 J u n e 07.doc

Appendix 4

DUMFRIES AND GALLOWAY COUNCIL CORPORATE GOVERNANCE ASSURANCE STATEMENT FOR 2006/07

Dumfries and Galloway Council is responsible for ensuring that its business is conducted in accordance with the law and proper standards and that public money is safeguarded, properly accounted for and used economically, efficiently and effectively. In discharging this accountability, Members and senior Officers are responsible for putting in place proper arrangements for the governance of Durnfries and Galloway Council's affairs and the stewardship of the resources at its disposal.

To this end, Dumfries and Galloway Council has approved and adopted a Local Code of Corporate Governance, which is consistent with the principles of and reflects the requirements of the CIPFNSOLACE Framework Corporate Governance in Local Government: A Keystone for Community Governance. A copy of the Code, which came into effect from 1 April 2002 may be obtained from the Group Manager Corporate Support and Governance, Council Offices, English Street, Dumfries and is on the Council's website at www.dumgal.gov.uk.

The Local Code incorporates the management and reporting arrangements already in place to enable the Council to satisfy itself that its approach to corporate governance is both adequate and effective in practice.

The Group Mahager Corporate Support and Governance has been given responsibility for:

0

e

Overseeing the implementation of and monitoring the operation of the Code. Reviewing the operation of the Code in practice. Reporting annually on compliance with the Code and any changes that may be necessary to maintain it and ensure its effectiveness in practice.

In addition, the Council's Chief Internal Auditor is responsible for the . independent appraisal of the Council's internal systems of control and has planned and 'undertaken audit work in order to derive sufficient and appropriate audit evidence as to the adequacy and effectiveness of these systems. Based on the evidence collected, the Chief Internal Auditor is of the opinion that reasonable assurance can be placed upon the adequacy and effectiveness of the Council's internal control system in the year to 31 March 2007.

The review of the effectiveness of the Council’s corporate governance and internal control arrangements for 2006107 was informed by a number of sources, including:

0 Reports to the Council’s Committees 0 Reports to the Officer Governance Team 0 The work of the Internal Audit

Reports from the External Auditors and other external review bodies

The Governance Team identified a number of areas for improvement within the Council’s Code of Corporate Governance and these were included in the 2006107 Action Plan. Progress on these priority actions was monitored during the year and included:

Development of the Council‘s Financial Efficiency Strategy (FES) - significant progress has been made on each of the five elements of the Strategy: risk and communication; controlling spend; doing more with less; business transformation and budget strategy. The Council’s Corporate Management Team identified 10 corporate risks associated with the FES and has drafted control measures; assessed the risks for likelihood and impact and assigned individual Members of the Corporate Management Team to manage these risks within the strategic and operational planning process.

0 In 2006 the Councif commissioned a high level review of community planning in Dumfries and Galloway. The resulting Clifden consultancy report led to streamlining of the community planning structure. in June 2006 the Audit Scotland report ‘Community Planning: An initial review’ was published and highlighted examples of good practice in Dumfries and Galloway and the links between community planning and the corporate planning process. The Community Planning Joint Board’s revised work programme is now focused on delivering key projects and the development of an outcome focussed Performance Management System which has measurable outcomes and clarifies roles and responsibilities, resources and timescales. 17 key performance indicators reflecting service priorities shared by the Council and its partners were agreed as part of this process.

0 The Council acquired the Covalent Performance Management System which will evidence links between the Council’s corporate, strategic and operational plans. The structure of the software has assisted the Council in ensuring that there are clear objectives, actions and measures associated with each planning level. The Council’s Corporate Management Team has kept progress in developing and implementing the Council’s performance management framework under review including consideration of corporate performance indicators; reporting processes; performance scrutiny arrangements and the role of Members in the review process.

Progress has been made on the development of a workforce strategy linked to staff appraisal; the overall Human Resources strategy; succession planning and development strategies and the document is now expected to be ready for July 2007.

2

0 The Customer Services Strategy and vision for the Council was ' completed and launched and included a number of elements i training

for Customer Service staff commenced in all Customer Service Centres; a Customer Service guide and Charter were completed; a Call Centre implementation plan was approved as well as a Project Plan and Board and the pilot of the Customer Relationship Management project was completed. A revised complaints procedure was launched in 2006 - 'Getting It Right First Time' and a network of complaints co- ordinators manage the process. Future arrangements for delivery of customer services will be reported in autumn 2007.

'

Work will continue in implementing the Council's Local Code of Corporate Governance through the work of the Governance Team and through the revised decision making structures of the Council following the May 2007 elections. The Council's new Governance and Audit Committee will provide a focus for this work. The Code will continue to be updated to reflect action taken to improve the effectiveness of the Council's governance arrangements and the challenges facing the Council in 2007/08 and beyond including:

0 Fulfilment of the Financial Efficiency Strategy Fulfilment of the Strategic Management Framework and Performance Reporting Preparation for the Audit of Best Value and Community Planning Development of the new Corporate Plan and the Council's priorities for the next four years Review of the Council's Schemes of Delegation in line with political and management decision making structures

We are satisfied that the Council has in place appropriate arrangements for the governance of its affairs and that reasonable assurance can be placed on the adequacy and effectiveness of the Council's corporate governance

Signed: lvor Hyslop, Leader of the Council . I

................................................................................................... / + v b S , I , Philip N Jones, Chief Executive

............................... UkL d& .................................................. A Robert,W Bennie, Director of Finance

............................ k Y , . & ! . 4 ................................ ........ Alex Haswell, Group q a g e r Corporate Support and Governance

On behalf of the Members and senior Officers of Dumfries and Galloway Council

26June2007

3

Documents

DUMFRIES AND GALLOWAY COUNCILegenda.dumgal.gov.uk/aksdumgal/images/att3785.pdf · Ian B Carruthers John A Charteris Brian Collins ... George N Prentice Willie Scobie ... proposed