16.
A report by the Depute Chief Executive (Education, Communities and Organisational Development) invited the Council to consider a strategic operating model as part of the Governance Review and to consider and approve changes to Council's constitutional documents following the recent management restructure.
The Head of Governance, Strategy and Performance highlighted an amendment on Page 117, the last 3 lines of the table should refer to page 156, he further added that on page 155 48(d) 'authority is required to be sought from the Council's Policy and Resources Committee for all sales in excess of £10,000' should have be removed as it refers to the Scheme of Administration and not the Scheme of Delegation.
Councillor Gatt sought clarification on page 145 (24) to maintain the register of gifts and hospitality receive by Employees in terms of the Employee's Code of Conduct and could the register be published publically.
In response the Head of Governance, Strategy and Performance advised that there is a Code of Conduct for Officers who are subject to restrictions on what hospitality and gifts they are allowed to accept and if they do accept that it is recorded. Elected members are accountable to the public and it is appropriate to publish their expenses whereas Officers are employees and ultimately accountable to the Chief Executive and disciplinary measures can be put in place if the Code of Conduct is breached and the rules currently in place are proportionate.
Councillor Gatt sought advice on whether there is any legal impediment should the Council be minded to publish the information. In response the Head of Governance, Strategy and Performance advised that if the Council were minded he would want to look into the data protection issues around the issue and also look at comparators with other local authorities to see whether any other authorities publish the information.
Councillor Warren sought clarification on how scrutiny and accountability within Children's Services will be carried out when the Service is moved to the Moray Integration Joint Board.
In response the Chief Officer, Moray Integration Joint Board confirmed that this is the due diligence that the Council and NHS Grampian will be working through in the next few months as the integration scheme is reviewed.
Councillor Leadbitter confirmed that the Admin Group consensus would be that the current Committee structure is the preferred way forward.
Councillor Feaver was concerned that there had been a few instances recently where Councillors had found out information through the press and not informed prior and therefore requested that the Protocol on Consultation, Access to Information and Councillor's Involvement in Council Business be circulated.
In response the Head of Governance, Strategy and Performance agreed to circulate the protocol to all members and relevant officers.
Councillor Gatt moved an addition to page 135 (5) and page 136 (10) to include the wording 'after agreement with Council Group Leaders'.
In response, the Head of Governance, Strategy and Performance advised that his preference would be to leave to Officers and have discretion to ensure protection of the Council.
The Chief Executive added that his role is always to act in the best interest of the Council and in his view the additional wording would not always be in the best interest of the Council in terms of matters of urgency or particularly sensitive and his practical experience of the previous administration which was equally finally balanced, hours and days can be lost in negotiation with the political groups, so to have some discretion is important if it ensures the best interests of the Council is protected at all times. The Chief Executive offered to meet with the Councillor Gatt to discuss some examples of some of the issues he'd had to deal with as Chief Executive by the very nature are confidential or sensitive.
Councillor Gatt thanked both the Chief Executive and the Head of Governance, Strategy and Performance for their responses and confirmed that he was happy to have the discussion with the Chief Executive and withdrew his motion.
Councillor Eagle confirmed that the Conservative Group were not averse to continuing the Committee structure.
Councillor Macrae moved that in reference to page 135 (5) in the Scheme of Delegation 'in consultation with Group Leaders' is added to the paragraph, this was seconded by Councillor R McLean.
Councillor Morrison proposed seconded by Councillor A McLean the wording of the Scheme of the Delegation is agreed as is stated in the report.
Prior to the vote the Chief Executive asked the Clerk that his concerns regarding Councillor Macrae's motion be recorded. In clarifying his motion, Councillor Macrae asked that it be recorded his dismay at the Chief Executive's comments.
On the division there voted:
For the Motion (10) |
Councillors Macrae, R McLean, Allan, Brown, Eagle, Feaver, Gatt, M McLean, Powell and Ross |
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For the Amendment (13) |
Councillors Morrison, A McLean, Alexander, Bremner, Coull, Cowe, Cowie, Coy, Edwards, Laing, Leadbitter, Taylor and Warren |
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Abstentions (0) |
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Accordingly the amendment became the finding of the meeting and Council agreed to:
i) |
approve the amendments to the Scheme of Delegation detailed in Appendix 1 |
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ii) |
remove 48(d) 'authority is required to be sought from the Council's Policy and Resources Committee for all sales in excess of £10,000' as it refers to the Scheme of Administration and not the Scheme of Delegation. |
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iii) |
the current traditional Committee structure continuing; and |
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iv) |
note the next steps for progressing the Governance Review detailed in paragraph 5.5 of the report. |
Councillor M McLean left the meeting at the end of this item.