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ERC accused of trying to punish Community Councils
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TOPIC: ERC accused of trying to punish Community Councils

Re: ERC accused of trying to punish Community Councils 10 years, 1 month ago #43

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11. Meetings of the Community Council

(h) The COMMUNITY COUNCIL can meet to discuss items of business in private where it considers it appropriate to do so. The decision to meet in private will be agreed in advance and decided by a majority vote. Notice of such a meeting will be given to the public in the usual way. However, the Notice will record that the meeting, or a part thereof, shall be held in private.


Therefore CC's can hold meetings 'in camera' if they wish.

Re: ERC accused of trying to punish Community Councils 10 years, 1 month ago #44

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17. Dissolution

If the COMMUNITY COUNCIL by a two-thirds majority of the total voting membership decides at any time that it is necessary or advisable to dissolve, it shall agree a date for a public meeting to be held to discuss the proposed resolution to dissolve. It is a requirement that not less than ten days prior to the date of such meeting a public notice be given by means of notification in the local newspaper. If the resolution is supported by a majority of those persons present and qualified to vote and is approved by, the COMMUNITY COUNCIL shall be deemed to be dissolved and all assets remaining, subject to the approval of the local authority, after the satisfaction of any proper debts or liabilities shall transfer to the local authority who shall hold same in Trust for a future COMMUNITY COUNCIL representing that area.

In the event that the COMMUNITY COUNCIL is dissolved under the above procedure, and twenty or more electors subsequently wish the re-establishment of a COMMUNITY COUNCIL for the area the local authority, these electors shall submit a requisition to the local authority in accordance with Section 52(7) of the Local Government (Scotland) Act 1973, on receipt of which the Returning Officer shall arrange for elections to be held in accordance with the Scheme for the Establishment of Community Councils.

Where for any reason, the number of COMMUNITY COUNCIL members falls below the minimum specified in the Scheme for the Establishment of Community Councils the local authority may, by suspending the Constitution of the COMMUNITY COUNCIL, cause the COMMUNITY COUNCIL to be dissolved and in this event, the procedures for the establishment of a new COMMUNITY COUNCIL being those identified in the immediately preceding paragraph hereof, shall be initiated.


Therefore the only people that can dissolve a CC, are the CC themselves, unless there are insufficent numbers.

Re: ERC accused of trying to punish Community Councils 10 years, 1 month ago #45

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IT would appear that some officers of the council are very selective as to which parts of legislation they take cognisance of, and which parts they choose to deliberately ignore or attempt to manipulate and alter to their own ends.

One shining example is the current activities at Giffnock Community Council which may commentators are of the opinion is being conducted in a very undemocratic manner, yet ERC officers are doing nothing, and neither is the vocal local Cllr.

Re: ERC accused of trying to punish Community Councils 10 years, 1 month ago #46

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Election of Office-Bearers

(a) At the first meeting of the COMMUNITY COUNCIL after elections in the year when elections are held and at the Annual General Meeting in (to be determined locally) in the year when elections are not held, the COMMUNITY COUNCIL shall appoint a Chair, Secretary, Treasurer and other such office-bearers as it shall from time to time decide.

(b) All office-bearers shall be elected for one year, but shall be eligible for re-election, without limitation of time.


Giffnock CC appointed a Vice Chair at the AGM, however they have now told him he is no longer the Vice Chair, despite being informed that the above forms part of the ERC constitution.

ERC officers state that they cannot intervene in this, they state that they have no authority, despite it being a contravention of their constitution.

Re: ERC accused of trying to punish Community Councils 10 years, 1 month ago #47

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In the 'Oh what a tangled web we weave ... thread.. we have highlighted two nominations forms where they self nominated, yet the council officer when this was pointed out, stated that this is perfectly acceptable.

Consistency or selective cronyism and Vindictiveness?

Re: ERC accused of trying to punish Community Councils 10 years, 1 month ago #48

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It has been said before many times that 1937 Germany comes to mind. It is all about control, and these staff are out of control.
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