------ Original Message ------
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Sent: Thursday, 24 Aug, 2023 At 09:58
Subject: Freedom of Information(FOI) Request - Complaints raised/Investigation regarding Chairing ofthe Planning Application Meetings held on 24 August 2022 and 20 September 2022

Cc: craig Geddes

East Renfrewshire Council Councillors' Code of Conduct Monitoring Officer


This Freedom of Information(FOI) Request concerns the complaints received by East Renfrewshire Council(ERC) and subsequent investigation carried out by ERC into the Chairing of Planning Applications Committee(Pre determination Hearing) Meeting - 24 August 2022 and the Planning Applications Committee (Continuation of Pre Determination Hearing) Meeting - 20 September 2022.

Please provide details and all recorded information Reports/Papers/Minutes/Notes etc held

including Correspondence/emails/texts etc

Between/to/from Council Officials

Between/to/from Council Officials and Councillors

Between/to/from Council Officials and any others

regarding the complaints, subsequent investigation and outcome of investigation.

Please provide details/Recorded Information of any action taken regarding the Chair.

Please provide details/Recorded Information of any warnings etc issued.

Your help is appreciated.


------ Original Message ------
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Sent: Thursday, 24 Aug, 2023 At 10:00
Subject: Freedom of Information(FOI) Request - Complaints raised/Investigation regarding Chairing of the Planning Application/Local Review Body Meetings on 7 June 2023.

Cc: Craig Geddes

East Renfrewshire Council Councillors' Code of Conduct Monitoring Officer

This Freedom of Information(FOI) Request is in regard to the concerns/complaints received by East Renfrewshire Council(ERC) and subsequent investigation by ERC into the Chairing of the ERC Planning Application/Local Review Body Meetings on 7 June 2023.

Please provide details and all recorded information Reports/Papers/Agendas/Minutes/Notes etc held


and Correspondence/emails/texts etc


Between/to/from Council Officials
Between/to/from Council Officials and Councillors
Between/to/from Council Officials and any others

regarding the concerns/complaints and subsequent investigation

and Discussions/Meetings/Conversations held with

Councillors' Code of Conduct Monitoring Officer
Leader of Council
Councillor Cunningham(Chair)

- Dates discussions/meetings/conversations etc took place

- When/Where/How discussions/meetings/conversations took place

- Names of those involved in these discussions/meetings/conversations

- Did this discussion include all concerns/complaints received?


'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. '

- When/Where/How was this 'acknowledgement' given and to who


Please provide copy of this complaint
(I am only interested in the content/context of complaint (I am not interested in name and/or personal details of this or any other complainant) -

Please give details of 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'

Please provide details/Recorded Information of any action taken regarding the Chair.

Please provide details/Recorded Information of any warnings etc issued.

Your help is appreciated.

------ Original Message ------
From: "Sweeney, Colin2" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Tuesday, 26 Sep, 2023 At 11:22
Subject: Freedom of Information Request (2644-4989-6016-0322) - Response

Information Request under the Freedom of Information (Scotland) Act 2002

Thank you for your request for information regarding the Chairing of the ERC Planning Application/Local Review Body Meetings on 7 June 2023.

Please see the Council’s response below.

1.The minutes and agendas, containing reports, are available on the Council’s website or via these links:

Planning_Applications_Committee_papers_-_7_June_2023.pdf (eastrenfrewshire.gov.uk)

Local_Review_Body_papers_-_7_June_2023.pdf (eastrenfrewshire.gov.uk)

Local_Review_Body_minute_-_7_June_2023.pdf (eastrenfrewshire.gov.uk)

Planning_Applications_Committee_minute_-_7_June_2023.pdf (eastrenfrewshire.gov.uk)


The Clerk’s notes of the meeting have since been destroyed.

2. I am not aware of any correspondence or texts in this regard. The above emails were received or sent.

Email dated 14 June from you to my colleague, John Burke, lodging your complaint.

Email dated 3 July 2023 from the Leader of the Council to me, attaching your email of 30 June, to him re the above. This email is also attached above.

Email dated 11 July from the Leader of the Council, in response to your email of 10 July, to him re the above. This email is also attached above.

Email of 11 July from you, to me, with email trail dated from 14 June to 4 July between you and my colleague, John Burke and 4, 5, 10 and 11 July between you and me. This email is also attached above.

Email of 13 July from you, to me, and me to you giving my holding response pending discussion with the Council’s Monitoring Officer. This email is also attached above.

Emails of 18 and 21 July from you to me, and me to you, advising when a response might be forthcoming and advising the name of the Council’s Monitoring Officer. This email is also attached above.

Email of 21 July from me to you, providing comprehensive response to the points raised. This email is also attached above.

Emails of 1 and 10 August from you to me, and me to you.

Your email further questions my response of 21 July.

My response of 10 August states that if you are not satisfied with the response you have been given then you can, of course, contact the Ethical Standards Commissioner, as highlighted in my initial response. These emails are also attached above.

Email of 16 August from you to me (and Gerry Mahon) which, amongst other things, seeks clarification as to when I started working with the Council and to give a view on a similar concern you had raised in respect of a meeting held in 2022 (which was before my starting with the Council).

I understand that this other meeting is the subject of a separate FOI from you, which will be responded to.

3. With regard to discussions between Councillors, I stated in my response of 21 July that I had spoken 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.

In that email, I also confirmed that I had spoken with Councillor Cunningham (Chair) and she recognised that the misplacing of her glasses was unfortunate but understood that this could have had an adverse effect on people viewing the meeting live.

She said that because of this she had been 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.

In acknowledging that this specific point was not raised by you, I included this in my response to you since Councillor Cunningham had been aware of it and was happy for me to share this with anyone who had raised a concern or complaint in this regard.

4. The Council received two other complaints in this connection.

The first states:

“Dear Mr. Burke

I do not know if you are the correct person to write to but would appreciate it if not, could you please forward my complaint to the relevant senior manager at ERC.

Yet again I have viewed a planning meeting chaired by Betty Cunningham and to say it was totally embarrassing is an understatement. Why is this lady allowed to chair these meetings. Almost every meeting she attends is an absolute disgrace and I feel sorry for the attendees. The way she speaks to the person beside her at each meeting is totally unacceptable. The way she deals with the meeting as chair is a total disgrace.

Why are you allowing this to continue.”

The second (which was sent directly to the Planning Department), states:

“I have just viewed your Planning Committee meeting on YouTube dated 7 June 2023. I was sufficiently concerned about the inability of the Chair - Cllr Cunningham to read reports, press her microphone to direct the CCTV (amongst many others) and her general derogatory and belittling attitude to East Renfrewshire Elected Members and Officers. Her often inaudible mumbling, the frequent interventions by East Renfrewshire Officers to take over her role to chair the meeting and lead the meeting. Both Officers to Cllr Cunningham's left and right took over at points to take away her inability to lead evidence/information to the meeting. During the Kirkton Road Neilston, during the vote the Chair asked a fellow elected member in a rude, unbecoming, unprofessional and threatening manner if he "was sitting on his hands".

I presume that as the member didn't vote immediately to approve that the chair took both umbrage and annoyance at his choice of vote. Again as above, during a discussion on Appeals, the chair once again was "supported" from the female officer to the chairs LHS. The chair again used a disparaging remark "oh you got this" whilst twisting her head in a show of disrespect to the officer. At the end of this discussion the chair offered the inaccurate outcome to vote on, again the officer to her LHS intervened again and directed the chair and the meeting contrary to the chairs assumptions. The chair didn't even bring a pair of reading glasses to the meeting.”

Both complainants have been responded to and no further correspondence has been received.

East Renfrewshire Council offers the opportunity to apply to the Council for a review of how it has dealt with your enquiry. If you wish to proceed to review, please apply in writing within 40 working days to:

The Chief Legal Officer
Council Headquarters
Rouken Glen Road
Giffnock G46 6UG,

marking your letter “Freedom of Information, request for review”, and stating the exact nature of the matter you wish to be reviewed. The review will be carried out within 20 working days of receipt of your appeal.

If you are dissatisfied with the outcome of the review, you have the right to then appeal to the Scottish Information Commissioner who has extensive powers to investigate such matters. His address is:

Scottish Information Commissioner
Kinburn Castle
St Andrews
Fife KY16 9DS

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

------ Original Message ------
From: "Sweeney, Colin2" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Tuesday, 26 Sep, 2023 At 15:36
Subject: Freedom of Information Request - 6875-6351-3396-5725

Information Request under the Freedom of Information (Scotland) Act 2002

Thank you for your request for information regarding the chairing of Planning Applications Committees, specifically, those held on 24 August 2022 and 20 September 2022.

As mentioned in earlier correspondence, I personally was not a member of staff at the Council at that time and therefore, the detail provided below is what I have been able to ascertain since that time.

The Agendas (also containing reports) and minutes of the meetings are available via the following links:

Planning_Applications_Committee_Minute_-_24_August_2022.pdf (eastrenfrewshire.gov.uk)

Planning_Applications_Committee_papers_-_24_August_2022.pdf (eastrenfrewshire.gov.uk)

Planning_Applications_Committee_Minute_-_20_September_2022.pdf (eastrenfrewshire.gov.uk)

Planning_Applications_Committee_papers_-_20_September_2022.pdf (eastrenfrewshire.gov.uk)

Alas, the clerk who attended these meetings has since left the employment of the Council and any notes made, presumably were destroyed.


I have been unable to trace any emails, correspondence, texts etc. between, to or from Council officials and Councillors or any others regarding the complaints, subsequent investigation and outcome of investigation, other than in an earlier email (4 July 2023) in which, you refer to a similar concern you had raised (see below).

------ 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


I am unable to confirm or locate and recorded information of any action taken regarding the Chair or of any warnings issued, if any.

I understand, however, that senior officers did speak with the then Chair about the concern raised.

East Renfrewshire Council offers the opportunity to apply to the Council for a review of how we have dealt with your enquiry. If you wish to proceed to review, please apply in writing within 40 working days to:

The Chief Legal Officer
Council Headquarters
Rouken Glen Road
Giffnock G46 6UG,

marking your letter “Freedom of Information, request for review”, and stating the exact nature of the matter you wish to be reviewed. The review will be carried out within 20 working days of receipt of your appeal.

If you are dissatisfied with the outcome of the review, you have the right to then appeal to the Scottish Information Commissioner who has extensive powers to investigate such matters. His address is:

Scottish Information Commissioner
Kinburn Castle
St Andrews
Fife KY16 9DS

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

------ 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
Sent: Wednesday, 27 Sep, 2023 At 10:09
Subject: Freedom of Information Review Request - 6875-6351-3396-5725 - Complaints raised/Investigation regarding Chairing ofthe Planning Application Meetings held on 24 August 2022 and 20 September 2022

Cc: Craig Geddes

Chief Officer (Legal and Procurement)
Council Headquarters
Rouken Glen Road
Giffnock
G46 6UG

REQUEST FOR FREEDOM OF INFORMATION(FOI) REVIEW

I wish to request FOI review for the FOI request FOI 6875-6351-3396-5725 made 24/8/2023

attached to this email.

Gerry Mahon, The Chief Officer Legal & Procurement, East Renfrewshire Council, has previously stated that FoI is normally a 2 stage process -

'As you will be aware the Council's response to an FOI request does not merely revolve around the initial request but also the review process. It is hoped that any human error in relation to the 1st part of the process is properly remedied at the 2nd stage.'

and The Scottish Information Commissioner has written -

'The duty to advise and assist
Under FOI law authorities have a duty to advise and assist people who want to access their information. The duty to advise and assist makes sure that customer service and customer engagement are central to FOI practice.
Taking a positive and proactive approach to the duty to advise and assist will strengthen relations with service users and help build trust. Offering help, support and guidance to people looking for information will also reduce the likelihood of more FOI requests.
Legal requirement
The FOI Act requires authorities to provide reasonable advice and assistance to people who have made, or are planning to make, a request for information (section 15).
The EIRs contain a similar provision for requests for environmental information (regulation 9).
Both the FOI Act and the EIRs say that authorities which comply with the Scottish Minister's FOI Code of Practice when providing advice and assistance are complying with the duty under FOI law'

The Scottish Information Commissioner has also written in their December 2022 Newsletter

'Open Update: FOI News from the Scottish Information Commissioner December 2022

Make the most of the FOI review process

Authorities are always given a chance to provide comments during our appeal investigations. However, we too often see authorities change their position during the investigation, suggesting that their initial response wasn't properly thought through.
Recently we've seen examples of proper searches not being carried out until we get involved; authorities locating additional information during the investigation; confusing and inadequate submissions; exemptions being changed mid-investigation (then changed back); and authorities not knowing what information they withheld under particular exemptions. (These examples are taken from cases such as Decision 125/2022 and 128/2022). For obvious reasons, this makes an investigation more complex and more time-consuming for all involved.
The FOI 'review' stage gives authorities an opportunity to reconsider the handling of a request - and they should remember than an appeal to the Commissioner will often follow a review. Authorities should always make the most of this important opportunity to get their FOI response right.'

My reasons for requesting FOI Review are as follows -

1 - It would appear I have not been provided with recorded information for period before Mr Sweeney was employed by Council.

'As mentioned in earlier correspondence, I personally was not a member of staff at the Council at that time and therefore, the detail provided below is what I have been able to ascertain since that time.'

Whether Mr Sweeney was a member of staff or not at any given time is not an issue, and he should provide all the requested recorded information held by Council.

2 - Are video recordings recorded information held by Council? Why have links to meeting recordings not been provided along with papers/minutes etc links?

3 - 'Alas, the clerk who attended these meetings has since left the employment of the Council and any notes made, presumably were destroyed.

Eamonn Daly? Other? Can you confirm?

I understand this was a complaint and was treated as a complaint.

Why would recorded information regarding complaints be destroyed?


4 - 'I have been unable to trace any emails, correspondence, texts etc. between, to or from Council officials and Councillors or any others regarding the complaints, subsequent investigation and outcome of investigation, other than in an earlier email (4 July 2023) in which, you refer to a similar concern you had raised (see below).'

I understand this was a complaint and was treated as a complaint.

Why is recorded information such as emails, correspondence, texts etc. between, to or from Council officials and Councillors or any others regarding the complaints, not available and/or been deleted/destroyed?

I understand emails, correspondence, texts etc were sent to/from/between Sharon McIntyre, Eamonn Daly, Linda Hutchinson, Cllr Betty Cunningham, Cllr J McLean, Cllr Owen O'Donnell.

Emails were also sent by complainants to above.

Have relevant mailboxes been closed and/or deleted?


5 - 'I am unable to confirm or locate and recorded information of any action taken regarding the Chair or of any warnings issued, if any.'

I understand this was a complaint and was treated as a complaint.

Why would such information not be recorded?


6 - 'I understand, however, that senior officers did speak with the then Chair about the concern raised.'

How did this understanding come about?

What are the names of these senior officers?


Your help is appreciated.

Thanks

------ Original Message ------
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Cc: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Sent: Saturday, 7 Oct, 2023 At 11:16
Subject: Senior Councillors - Renumeration of £25,128 is paid to Councillors who Chair Council Committee Meetings(The basic councillor remuneration paid is £20,099)

Cc: Colin Sweeney

Dear East Renfrewshire Council Councillors' Code of Conduct Monitoring Officer - Gerry Mahon

In terms of the 2007 Regulations the Council has resolved to pay Senior Councillor Salaries to Members with special responsibilities.

The remuneration paid to senior councillors currently stands at £25,128.

The basic councillor remuneration paid is £20,099

Increases took effect on 1 April 2023.

It is my understanding that the renumeration of £25,128 is paid to Councillors who Chair Council Committee Meetings.

Would appreciate if you can tell me the position regarding Councillor's in receit of this £25,128 who miss or do not chair a meeting(s).

If they do not Chair and/or miss meetings

- Do they continue to receive the £25,128 remuneration regardless?

Why?

How many meetings can they miss/fail to chair before they lose this renumeration and their salary goes back to the basic councillor remuneration of £20,099 ?

Is a record kept of the meetings Councillors who receive the £25,128 remuneration attend as Chair and/or miss and fail to Chair?

Are the reasons why a Chair misses a meeting recorded?

Is there an explanation of why the Chair Planning Application/Local Review Body Committees failed to Chair these meetings on

(Information taken from minutes/meeting recordings)

14 September 2022(Chair attended but Cllr McLean in the Chair)

9 November 2022

7 December 2022

15 February 2023

5 April 2023(no apology)

9 August 2023

4 October 2023

Does the Chair still recieve the remuneration paid to senior councillors which currently stands at £25,128 ?

Any other helpful information will be appreciated.

Thanks

Answers given 27/10/2023 by East Renfrewshire Council Councillors' Code of Conduct Monitoring Officer - Gerry Mahon


Would appreciate if you can tell me the position regarding Councillor's in receit of this £25,128 who miss or do not chair a meeting(s).

If they do not Chair and/or miss meetings

- Do they continue to receive the £25,128 remuneration regardless?

++++
Answer -
Yes, the payment continues to be made
++++

Why?

++++
Answer -
The payment is made until the person is removed from that role formally at which time the allowance would cease. There are a variety of mechanisms which could bring about this situation including the person's resignation from the role, a disqualification decision made by the Standards Commission or, in terms of Council Standing Orders, non-attendance at any Council meeting for a period of 6 months which automatically results in them ceasing to be a member of the Council.
++++

How many meetings can they miss/fail to chair before they lose this renumeration and their salary goes back to the basic councillor remuneration of £20,099 ?

++++
Answer -
See above - there is no specific number
++++

Is a record kept of the meetings Councillors who receive the £25,128 remuneration attend as Chair and/or miss and fail to Chair?

++++
Answer -
Yes, all meetings are minuted and a sederunt taken. This record will identify those not in attendance
++++

Are the reasons why a Chair misses a meeting recorded?

++++
Answer -
Reasons are not recorded - the only record will be of apologies received
++++

Is there an explanation of why the Chair Planning Application/Local Review Body Committees failed to Chair these meetings on
(Information taken from minutes/meeting recordings)

14 September 2022(Chair attended but Cllr McLean in the Chair)
9 November 2022
7 December 2022
15 February 2023
5 April 2023(no apology)
9 August 2023
4 October 2023

++++
Answer -
Councillors are not obliged to provide reasons as to non-attendance but as a matter of fact many do advise of circumstances. These are not recorded so I am unable to provide any detail regarding the individual meetings you mention
++++

Does the Chair still recieve the remuneration paid to senior councillors which currently stands at £25,128 ?

++++
Answer -
Yes
++++

Any other helpful information will be appreciated.

Thanks