BACKGROUND
Previously back in August/September 2022

Sent: 22 September 2022 19:39
To: McIntyre, Sharon2 < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Cc: Cunningham, B (Cllr) < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >; Daly, Eamonn < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >; McLean, J (Cllr) < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >; ODonnell, Owen (Cllr) < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Subject: Recording - EXTENDED PLANNING APPLICATIONS COMMITTEE – CONTINUATION OF PRE- DETERMINATION HEARING AND MEETING Tuesday, 20 September 2022 at 3.30pm.

To: Sharon McIntyre
Cc: Eamonn daly
Councillor Betty Cunningham (Committee Chair)
Cllr J McLean(Vice-Chair)
Cllr Owen O'Donnell(Council Leader)

Recording - EXTENDED PLANNING APPLICATIONS COMMITTEE – CONTINUATION OF PRE- DETERMINATION HEARING AND MEETING Tuesday, 20 September 2022 at 3.30pm.

I wish to add to my concerns outlined in below email(1/9/2022) with concerns regarding the above meeting/recording and wish to complain regarding -

Very poor quality sound when remote contributors speaking - frequently inaudable especially at start of meeting when a local house owner/resident was speaking - muffled and inaudible.

Mics not switched on.

Again the meeting was very poorly chaired, with the meeting shambolic in places and especially at the end.

The Chair acted as they didn't really want to be there, constantly pulled faces, muttering under their breathe and constantly failed to activate their mic.

The Chair also appeared to disrespect the Officials.

The clerk to the committee did their best to help the Chair, but was subject to what I would call disrespectful behaviour by the Chair.

The end of the meeting was especially shambolic as the Chair did not have their mic on, no one viewing could hear what the Chair was saying and at that stage were unaware of the outcome and/or if the meeting was closed.

The clerk reached over and activated the Chair's microphone. The Chair was heard to say "Do not do that again".

The meeting(20/9/2022) notice stated -

'Prior to the commencement of the meeting the Chair will make a statement that the meeting will be webcast live and recorded for later publicly accessible archive viewing.'

Why was this statement not made/recorded?

The Chair made this statement at the previous meeting

'I have the discretion to suspend or stop filming if, in my opinion, allowing filming to be continued would affect the proceedings of the meeting. '

Can you confirm that this statement will be made by all Chairs at the start of their meetings?

If not, why not?

The reason given for the Chair making the statement was -

'To outline that should the live webcasting impact the proceedings of the meeting that this will be stopped, for example a speaker may not wish to be filmed and recorded.'

Are you aware that audio recording can be made by the Public in the gallery attending the meeting?

Therefore a speaker who may not wish to be filmed and recorded, will still be audio recorded?

However, I belive this is not a valid reason as

'Prior to the commencement of the meeting the Chair will make a statement that the meeting will be webcast live and recorded for later publicly accessible archive viewing.'

Therefore everyone is aware the meeting is being recorded before they speak?

ERC have stated -

'Members of the public would not be excluded from the meeting should filming end as the public gallery is open to members of the public to attend the meeting.'

Is the 'recording' not the Public attending the meeting?

Would appreciate if you can address the points made above, give the requested information and say what is being done to improve the chairing of meetings and sort out these problems for subsequent meetings.

Your help is appreciated.

Thanks


------ Original Message ------
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Sent: Thursday, 1 Sep, 2022 At 15:54
Subject: Recording - EXTENDED PLANNING APPLICATIONS COMMITTEE - PRE-DETERMINATION HEARING AND MEETING - Wednesday, 24 August 2022 at 2.00pm.

To: Sharon McIntyre
Cc: Eamonn daly
Councillor Betty Cunningham (Committee Chair)

Hi

RECORDING - EXTENDED PLANNING APPLICATIONS COMMITTEE - PRE-DETERMINATION HEARING AND
MEETING - Wednesday, 24 August 2022 at 2.00pm.

I refer to recording of this meeting now available on Council youtube channel.

I wish to complain regarding -

Switching on/off of microphones

- this is a problem and means questions/answers are inaudable

- especially the Chair not switching on/off of microphone and muttering under their breathe.

Very poor quality sound when remote members/officials are speaking - frequently inaudable.

Meeting very poorly chaired.

Meeting was shambolic in places during the meeting and especially at the end.

In their opening remarks The Chair stated that they would stop the recording (I could not make this out)

Would appreciate if you can explain

- What the Chair actually said(I could not make this out)

- The reason for stating this

- To what Standing Order/rule was the Chair referring/quoting?

- Would there not have to be a resolution/vote to exclude the public from the meeting?

Would appreciate if you can give the requested information and say what is being done to sort out these problems for subsequent meetings.

Your help will be very much appreciated.

Thanks


------ Original Message ------
From: "Daly, Eamonn" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Cc: "Hutchison, Linda" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >; "McIntyre, Sharon2" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Friday, 21 Oct, 2022 At 16:44
Subject: Recording - EXTENDED PLANNING APPLICATIONS COMMITTEE – CONTINUATION OF PRE- DETERMINATION HEARING AND MEETING Tuesday, 20 September 2022 at 3.30pm.

I refer to your recent emails to Mrs Hutchison and Mrs McIntyre in connection with the above.

I am responding now in relation to your emails.

The questions you have asked relate to internal operational matters and as such I will not be providing you with any further information.

Can I also ask that in future all correspondence relating to the conduct of meetings be directed to me.

Yours faithfully
Eamonn Daly
Democratic Services Manager
Business Operations and Partnerships Department

And Now June 2023
Sent: 14 June 2023 16:33
To: Burke, John < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Subject: Planning Application/Local Review Body - Meetings Shambles

To: John Burke

I wish to register my concerns about the shambolic nature of Planning Application Committee Meeting and Local Review Body Meeting held 7 June 2023.

Planning Application Committee Meeting 7 June 2023


Not the best Chaired Committee Meeting ever held.

This resulted in the meeting being shambolic at times.

Confusing to follow with members/officials not turning on mics resulting in frequent views of empty chairs.

The Chair couldn't read Agenda/Papers?

(later in meeting admitted had misplaced glasses?)

If the Chair could not read agenda/items, should they not have excused themself as Chair?

This Committee really must do better to serve the Council Tax Payers of East Renfrewshire.


Local review Body Meeting 7 June 20

Not the best Chaired Committee Meeting ever held. In fact, very poorly chaired.

Confusing to follow with members/officials not turning on mics resulting in frequent views of empty chairs.

The Chair struggled with Agenda/Papers not knowing where they were in the proceedings.

This resulted in the meeting being shambolic at times.

This Committee really must do better to serve the Council Tax Payers of East Renfrewshire.

Can you confirm the Chair of Planning Applications Committee/Local Review Body receives an additional £4,653.00 on top of their £18,604.00 salary just for being Chair.

I think we can all agree when the Chair stated

'Is that the final Item, Thank God'

Would appreciate if you will say what actions are being taken to ensure these meetings are not shambolic and better chaired in the future.

Your help is appreciated.


Thanks


------ Original Message ------
To: "Burke, John" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Friday, 30 Jun, 2023 At 09:22
Subject: Re: Planning Application/Local Review Body - Meetings Shambles

Hi

Would appreciate prompt response as this is not an isolated incident.

As you are aware, concerns were raised prevoiusly regarding chairing of meetings back in September 2022( email below Thursday, 1 Sep, 2022 At 15:54)


'------ Original Message ------
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Sent: Thursday, 1 Sep, 2022 At 15:54
Subject: Recording - EXTENDED PLANNING APPLICATIONS COMMITTEE - PRE-DETERMINATION HEARING AND MEETING - Wednesday, 24 August 2022 at 2.00pm.

To: Sharon McIntyre
Cc: Eamonn daly
Councillor Betty Cunningham (Committee Chair)

Hi

RECORDING - EXTENDED PLANNING APPLICATIONS COMMITTEE - PRE-DETERMINATION HEARING AND
MEETING - Wednesday, 24 August 2022 at 2.00pm.

I refer to recording of this meeting now available on Council youtube channel.

I wish to complain regarding -

Switching on/off of microphones

- this is a problem and means questions/answers are inaudable

- especially the Chair not switching on/off of microphone and muttering under their breathe.

Very poor quality sound when remote members/officials are speaking - frequently inaudable.


Meeting very poorly chaired.

Meeting was shambolic in places during the meeting and especially at the end.

In their opening remarks The Chair stated that they would stop the recording (I could not make this out)

Would appreciate if you can explain

- What the Chair actually said(I could not make this out)

- The reason for stating this

- To what Standing Order/rule was the Chair referring/quoting?

- Would there not have to be a resolution/vote to exclude the public from the meeting?

Would appreciate if you can give the requested information and say what is being done to sort out these problems for subsequent meetings.

Your help will be very much appreciated.

Thanks'


Again, would appreciate clarification requested in below email.

Thanks

------ Original Message ------
From: "Sweeney, Colin2" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Cc: "Mahon, Gerry" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >; "Burke, John" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Friday, 21 Jul, 2023 At 16:07
Subject: "Planning Application/Local Review Body - Meetings Shambles"

Good Afternoon...

As promised, following my viewing of the recordings of the meetings and a discussion I have had with the Council’s Monitoring Officer, please find a response to the points you have raised regarding the above.

1. The Council’s Monitoring Officer is Mr Gerry Mahon (there was no reluctance on my part to provide these details, merely that I wanted to capture all of the points raised in one response).

2. I spoke with the Leader of the Council on 28 June and agreed with him that I would speak with the Member who was chair of the meetings in question, alerting her of your concerns surrounding the webcasting of the meeting, the public perception around member behaviour and chairing protocols and being mindful of this moving forward.

I can confirm that I have spoken with Councillor Cunningham (Chair) and she recognises that the misplacing of her glasses was unfortunate but understands that this could have had an adverse effect on people viewing the meeting live.

She said that because of this she was happy to rely upon officers to assist her in reading out information which otherwise she would have done so as chair.

This all arose from an unfortunate misplacing of her glasses.

Councillor Cunningham also acknowledged that the reference to a member “sitting on their hands” was part of her personality in her way of chairing meetings and was not intended to be misinterpreted, although recognises that this could be perceived to the contrary.

3. Scottish Local Authorities are permitted, legally, to convene hybrid meetings of their committees. It is fair to say that some Members, and officers, still forget to switch microphones on or off and whilst I understand your frustration, officers and chairs will continue to act to ensure that such slips are minimised or eradicated moving forward.

4. I note similar concerns you raised in September 2022. Alas, I was not an employee of the Council at that time so am unable to comment on this.

In summary – I accept that the perception as to how the meeting was conducted and managed, could have been skewed by the actions of the Chair given she had been hindered by the fact she had left her glasses behind and the lengthy pauses where the cameras appear out of sync with speakers on occasions. I have spoken with the Council’s Monitoring Officer, the Leader of the Council and Councillor Cunningham (Chair) and provided the response above in connection with the points you have raised.

There is nothing further I can add but would like to thank you for drawing this to the Council’s attention. If you feel that the issues you raise have not been addressed and you feel that there has been a breach of the Code of Conduct for Members, then you are free to write to the Commissioner for Ethical Standards in Public Life in Scotland, Thistle House, 91 Haymarket Terrace, Edinburgh EH12 5HE. Alternatively, you can call on 0131 347 3890 or Email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Best wishes
Colin
Colin J Sweeney
Democratic Services Manager
Department of Business Operations and Partnerships

------ Original Message ------
To: "Sweeney, Colin2" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >; This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Cc: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Sent: Monday, 24 Jul, 2023 At 14:27
Subject: RE: Planning Application/Local Review Body - Meetings Shambles 7 June 2023

Cc: John Burke

Dear
Councillors' Code of Conduct Monitoring Officer - Gerry Mahon
Democratic Services Manager - Colin J Sweeney

Thanks for email response of Friday, 21 Jul, 2023 At 16:07.

Would appreciate if you give the following clarification.

My concerns were raised regarding these meetings -

Local review Body Meeting 7 June 2023 and Planning Application Committee Meeting 7 June 2023 and I subsequently gave examples of previous Committee meetings which displayed similar patterns of behaviour.

1. Why is the response of Friday, 21 Jul, 2023 not compiled, written and signed by the Councillors' Code of Conduct Monitoring Officer?

Why was investigation not carried out by Councillors' Code of Conduct Monitoring Officer?

2. When/Where/How did this discussion with Councillors' Code of Conduct Monitoring Officer take place?

Were any others involved?

Did this discussion include all concerns/complaints received?


- 'As promised, following my viewing of the recordings of the meetings and a discussion I have had with the Council’s Monitoring Officer, please find a response to the points you have raised regarding the above.'

3. How/Where did you speak to Leader of Council?

Were any others involved?

Did you discuss other complaints that may have been raised?

'I spoke with the Leader of the Council on 28 June and agreed with him that I would speak with the Member who was chair of the meetings in question, alerting her of your concerns surrounding the webcasting of the meeting, the public perception around member behaviour and chairing protocols and being mindful of this moving forward.'

4. How/Where/When did you speak to Councillor Cunningham(Chair)?

Were any others involved?

Did you discuss other complaints that may have been raised?

'I can confirm that I have spoken with Councillor Cunningham (Chair) and she recognises that the misplacing of her glasses was unfortunate but understands that this could have had an adverse effect on people viewing the meeting live.'

She said that because of this she was happy to rely upon officers to assist her in reading out information which otherwise she would have done so as chair. This all arose from an unfortunate misplacing of her glasses.

5. I did not mention this incident.

Was this raised by someone else or by Councillor Cunningham?

'Councillor Cunningham also acknowledged that the reference to a member “sitting on their hands” was part of her personality in her way of chairing meetings and was not intended to be misinterpreted, although recognises that this could be perceived to the contrary. '

Is pulling faces and muttering under their breathe also part of Chair's personality in their way of Chairing meetings?

6. I am aware of a further complaint.

What was the context of this complaint? (I am not interested in name and/or personal details of this complainant but the general gist of complaint) -

What action was taken regarding this complaint?

'------ Original Message ------
From: "Burke, John" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Friday, 16 Jun, 2023 At 14:43
Subject: Re: Planning Application/Local Review Body - Meetings Shambles

Dear...,

With regard to the Planning/LRB meetings of 7 June, one further complaint has been received.

Kind regards
John Burke
Committee Services Officer
Department of Business Operations and Partnerships'


7. It is still a problem with this Chair

'Scottish Local Authorities are permitted, legally, to convene hybrid meetings of their committees. It is fair to say that some Members, and officers, still forget to switch microphones on or off and whilst I understand your frustration, officers and chairs will continue to act to ensure that such slips are minimised or eradicated moving forward.'

8. This seems a nonsensical stance to take.

'I note similar concerns you raised in September 2022. Alas, I was not an employee of the Council at that time so am unable to comment on this.'

On what date were you employed by the Council? April 2023

What you are saying is that the Council cannot investigate or take into account any matters that took place before you were an employee of the Council? I said that I (me) was unable to comment on this. I am unaware of any response given to you in the past surrounding these other incidents and any such responses you may have had could conflict with any opinion I may arrive at.

(The Councillors' Code of Conduct Monitoring Officer - Gerry Mahon an employee of the Council at that time?)

Again, I do not think this a tenable stance to take and just ignore previous examples of the same behaviour.

Recordings of these meetings are available for you to view on Council youtube channel -

www.youtube.com/@eastrenfrewshire/videos

- Planning Applications Committee (Continuation of Pre Determination Hearing) - 20 September 2022



- Planning Applications Committee (Pre Determination Hearing) - 24 August 2022



These recordings are evidence that the behaviour at the meeting of 7 June 2023, was not a one off instance, but is a further example of a pattern of behaviour displayed over previous Committee meetings.


9. In summary -

It was not a perception

- The meetigs were shambolic due to the Chair.

- it was not skewed, it was shambolic due to the actions of the Chair.

These were not the first instances of the Chair's behaviour. There are further example of a pattern of behaviour displayed over previous Committee meetings.

There is no mention of any action being taken against Chair.

As this is not the first instance and is a repeat of previous behaviour why no warning issued?

Why does Chair deserve to continue chairing meetings and to receive this additional Tax Payers Money -

'the Chair of Planning Applications Committee/Local Review Body is considered a Senior Councillor Position and receives an annual salary of £25,128 per annum, as opposed to the basic salary of £20,099 per annum.'

There is nothing you have proposed or said that will ensure these meetings will not be shambolic and/or better chaired in the future.

After investigation, is it your and/or the Councillors' Code of Conduct Monitoring Officer ruling that that there has been no breach of the Code of Conduct for Members?

'In summary – I accept that the perception as to how the meeting was conducted and managed, could have been skewed by the actions of the Chair given she had been hindered by the fact she had left her glasses behind and the lengthy pauses where the cameras appear out of sync with speakers on occasions.

I have spoken with the Council’s Monitoring Officer, the Leader of the Council and Councillor Cunningham (Chair) and provided the response above in connection with the points you have raised.

There is nothing further I can add but would like to thank you for drawing this to the Council’s attention.

If you feel that the issues you raise have not been addressed and you feel that there has been a breach of the Code of Conduct for Members, then you are free to write to the Commissioner for Ethical Standards in Public Life in Scotland, Thistle House, 91 Haymarket Terrace, Edinburgh EH12 5HE. Alternatively, you can call on 0131 347 3890 or Email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it '

Previous Concerns/Complaints -

Sent: 22 September 2022 19:39
To: McIntyre, Sharon2 < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Cc: Cunningham, B (Cllr) < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >; Daly, Eamonn < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >; McLean, J (Cllr) < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >; ODonnell, Owen (Cllr) < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Subject: Recording - EXTENDED PLANNING APPLICATIONS COMMITTEE – CONTINUATION OF PRE- DETERMINATION HEARING AND MEETING Tuesday, 20 September 2022 at 3.30pm.

To: Sharon McIntyre
Cc: Eamonn daly
Councillor Betty Cunningham (Committee Chair)
Cllr J McLean(Vice-Chair)
Cllr Owen O'Donnell(Council Leader)

Recording - EXTENDED PLANNING APPLICATIONS COMMITTEE – CONTINUATION OF PRE- DETERMINATION HEARING AND MEETING Tuesday, 20 September 2022 at 3.30pm.

I wish to add to my concerns outlined in below email(1/9/2022) with concerns regarding the above meeting/recording and wish to complain regarding -

Very poor quality sound when remote contributors speaking - frequently inaudable especially at start of meeting when a local house owner/resident was speaking - muffled and inaudible.

Mics not switched on.


Again the meeting was very poorly chaired, with the meeting shambolic in places and especially at the end.

The Chair acted as they didn't really want to be there, constantly pulled faces, muttering under their breathe and constantly failed to activate their mic.

The Chair also appeared to disrespect the Officials.

The clerk to the committee did their best to help the Chair, but was subject to what I would call disrespectful behaviour by the Chair.

The end of the meeting was especially shambolic as the Chair did not have their mic on, no one viewing could hear what the Chair was saying and at that stage were unaware of the outcome and/or if the meeting was closed.

The clerk reached over and activated the Chair's microphone. The Chair was heard to say "Do not do that again".

The meeting(20/9/2022) notice stated -


'Prior to the commencement of the meeting the Chair will make a statement that the meeting will be webcast live and recorded for later publicly accessible archive viewing.'

Why was this statement not made/recorded?

The Chair made this statement at the previous meeting

'I have the discretion to suspend or stop filming if, in my opinion, allowing filming to be continued would affect the proceedings of the meeting. '

Can you confirm that this statement will be made by all Chairs at the start of their meetings?

If not, why not?

The reason given for the Chair making the statement was -

'To outline that should the live webcasting impact the proceedings of the meeting that this will be stopped, for example a speaker may not wish to be filmed and recorded.'

Are you aware that audio recording can be made by the Public in the gallery attending the meeting?

Therefore a speaker who may not wish to be filmed and recorded, will still be audio recorded?

However, I belive this is not a valid reason as

'Prior to the commencement of the meeting the Chair will make a statement that the meeting will be webcast live and recorded for later publicly accessible archive viewing.'

Therefore everyone is aware the meeting is being recorded before they speak?

ERC have stated -

'Members of the public would not be excluded from the meeting should filming end as the public gallery is open to members of the public to attend the meeting.'

Is the 'recording' not the Public attending the meeting?

Would appreciate if you can address the points made above, give the requested information and say what is being done to improve the chairing of meetings and sort out these problems for subsequent meetings.


Your help is appreciated.

Thanks


------ Original Message ------
To: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Cc: This e-mail address is being protected from spambots. You need JavaScript enabled to view it ; This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Sent: Thursday, 1 Sep, 2022 At 15:54
Subject: Recording - EXTENDED PLANNING APPLICATIONS COMMITTEE - PRE-DETERMINATION HEARING AND MEETING - Wednesday, 24 August 2022 at 2.00pm.

To: Sharon McIntyre
Cc: Eamonn daly
Councillor Betty Cunningham (Committee Chair)

Hi

RECORDING - EXTENDED PLANNING APPLICATIONS COMMITTEE - PRE-DETERMINATION HEARING AND
MEETING - Wednesday, 24 August 2022 at 2.00pm.

I refer to recording of this meeting now available on Council youtube channel.

I wish to complain regarding -

Switching on/off of microphones

- this is a problem and means questions/answers are inaudable

- especially the Chair not switching on/off of microphone and muttering under their breathe.

Very poor quality sound when remote members/officials are speaking - frequently inaudable.

Meeting very poorly chaired.

Meeting was shambolic in places during the meeting and especially at the end.

In their opening remarks The Chair stated that they would stop the recording (I could not make this out)

Would appreciate if you can explain

- What the Chair actually said(I could not make this out)

- The reason for stating this

- To what Standing Order/rule was the Chair referring/quoting?

- Would there not have to be a resolution/vote to exclude the public from the meeting?

Would appreciate if you can give the requested information and say what is being done to sort out these problems for subsequent meetings.

Your help will be very much appreciated.

Thanks

Again, would appreciate clarification requested in below email.

Thanks

- end of Previous Concerns/Complaints


Your help is appreciated.

Thanks

------ Original Message ------
To: "Sweeney, Colin2" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >; This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Sent: Wednesday, 16 Aug, 2023 At 16:11
Subject: RE: Planning Application/Local Review Body - Meetings Shambles 7 June 2023 - Clarification Required

Dear
Councillors' Code of Conduct Monitoring Officer - Gerry Mahon
Democratic Services Manager - Colin J Sweeney


I have jointly addressed this to Councillors' Code of Conduct Monitoring Officer - Gerry Mahon as you are a Senior and experienced Council Official who was employed by Council at August/September 2022 and as you would appear to be very much involved -

'I also have a role in liaising with/ensuring training for Councillors regarding the Code of Conduct and act as the Council's go-between with the Standards Commission in the event that complaints are made against them.'

'As a matter of fact I was personally present (in the capacity of legal adviser to the Review Body) for some of the proceedings which are the backdrop for the complaint.'

'As regards this matter, I am aware of the events relating to it and have had discussions with the Democratic Services manager regarding his investigation and findings.'

As the Councillors' Code of Conduct Monitoring Officer you were an employee of the Council at that time of previous concerns that were raised (September 2022) regarding chairing of meetings.

I do think the reply from Democratic Services Manager - Colin J Sweeney on 10 August 2023 not to give all the requested clarification is unreasonable.


I do think it reasonable and correct to seek clarification to Democratic Services Manager - Colin J Sweeney's email of 21 July 2023 and that this clarification be provided.


It was difficult to spot, but Mr Sweeney would appear to clarify -

On what date were you employed by the Council?

You say - 'April 2023'

What you are saying is that the Council cannot investigate or take into account any matters that took place before you were an employee of the Council?

You say -
'I said that I (me) was unable to comment on this. I am unaware of any response given to you in the past surrounding these other incidents and any such responses you may have had could conflict with any opinion I may arrive at.'

Again, this is not a tenable position to take.

Recordings of these meetings are available for you to view on Council youtube channel -

www.youtube.com/@eastrenfrewshire/videos

- Planning Applications Committee (Continuation of Pre Determination Hearing) - 20 September 2022



- Planning Applications Committee (Pre Determination Hearing) - 24 August 2022



These recordings are evidence that the behaviour at the meeting of 7 June 2023, was not a one off instance, but is a further example of a pattern of behaviour displayed over previous Committee meetings.

You have been provided with the emails sent to ERC at the time raising concerns over these meetings.

The Council will have retained copies of these emails and copies of the responses from Council Officers (including Democratic Services Manager).

These should be taken into considerstion. It is irrelevant that you were not a Council Employee at the time.

As said, you can view the recordings.

When you say - '....could conflict with any opinion I may arrive at.'

This is not a reason for to not consider these previous occurrences of this same behaviour.

Again I would request this clarification as this is information the Ethical Standards Commissioner would wish me to provide should I consider writing to them.


2. When/Where/How and on what date did this discussion with Councillors' Code of Conduct Monitoring Officer take place?

Were any others involved? Did this discussion include all concerns/complaints received?


3. How/Where did you speak to Leader of Council?

Were any others involved? Did you discuss other complaints that may have been raised?


4. How/Where/When and on what date did you speak to Councillor Cunningham(Chair)?

Were any others involved? Did you discuss other complaints that may have been raised?


5. I did not mention this incident.

Was this raised by someone else or by Councillor Cunningham?

'Councillor Cunningham also acknowledged that the reference to a member “sitting on their hands” was part of her personality in her way of chairing meetings and was not intended to be misinterpreted, although recognises that this could be perceived to the contrary. '

Is pulling faces and muttering under their breathe also part of Chair's personality in their way of Chairing meetings?


6. I am aware of a further complaint.

What was the context of this complaint? (I am not interested in name and/or personal details of this complainant but the general gist of complaint) -

What action was taken regarding this complaint?

'------ Original Message ------
From: "Burke, John" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Friday, 16 Jun, 2023 At 14:43
Subject: Re: Planning Application/Local Review Body - Meetings Shambles

With regard to the Planning/LRB meetings of 7 June, one further complaint has been received.

Kind regards
John Burke
Committee Services Officer
Department of Business Operations and Partnerships'

7. It is still a problem with this Chair

'Scottish Local Authorities are permitted, legally, to convene hybrid meetings of their committees. It is fair to say that some Members, and officers, still forget to switch microphones on or off and whilst I understand your frustration, officers and chairs will continue to act to ensure that such slips are minimised or eradicated moving forward.'

8. See start of email.


9. In summary -

It was not a perception

- The meetigs were shambolic due to the Chair.

- it was not skewed, it was shambolic due to the actions of the Chair.

These were not the first instances of the Chair's behaviour. There are further example of a pattern of behaviour displayed over previous Committee meetings.

There is no mention of any action being taken against Chair.

As this is not the first instance and is a repeat of previous behaviour why no warning issued?

Why does Chair deserve to continue chairing meetings and to receive this additional Tax Payers Money -

'the Chair of Planning Applications Committee/Local Review Body is considered a Senior Councillor Position and receives an annual salary of £25,128 per annum, as opposed to the basic salary of £20,099 per annum.'

There is nothing you have proposed or said that will ensure these meetings will not be shambolic and/or better chaired in the future.

After investigation, is it your and/or the Councillors' Code of Conduct Monitoring Officer ruling that that there has been no breach of the Code of Conduct for Members?


Again, this clarification is required should I require to write to the Ethical Standards Commissioner.


Your help is appreciated.

Thanks

The

Councillors' Code of Conduct Monitoring Officer - Gerry Mahon and

Democratic Services Manager - Colin J Sweeney

have so far declined to give response to request of 16 August 2023.