1.
Meetings
a.
Meetings
of the Council shall be held in each year on the third Tuesday of each month at
the Galtres Centre or at such place as the Council may direct.
b. Smoking
is not permitted at any meeting of the Council.
2.
The Statutory Annual Meeting
a.
In an election year the Annual Parish Council Meeting shall be held on
or within 14 days following the day on which the councillors elected take
office and
b.
In a year
which is not an election year the Annual Parish Council Meeting shall be held
on such day in May as the Council may direct.
3. In addition to the Statutory Annual Parish Council Meeting, at least 3 meetings shall be held on the third Tuesday of each month at the Galtres Centre or at such place as the Council may direct.
4.
Chairman of the Meeting
The person presiding at a meeting may exercise all the powers and duties of the Chairman in rela- tion to the conduct of the meeting.
5. Proper Officer
Where a statute, regulation or order confers function
or duties on the proper officer of the Council in the following cases, he shall
be the clerk or nominated officer:-
a) To receive declarations of acceptance of office.
b) To receive and record notices disclosing interests
at meetings.
c) To receive and retain plans and documents.
d) To sign notices or other documents on behalf of
the Council.
e) To receive copies of bylaws made by another local
authority.
f) To certify copies of bylaws made by the Council.
g) To sign and issue the summons to attend meetings
of the Council.
h) To keep proper records for all Council meetings.
6.
Quorum of the Council
Three members or one-third of the total membership,
whichever is the greater, shall constitute a
quorum
at meetings of the Council.
7. If a quorum is not present or if during a meeting
the number of councillors present (not counting those debarred by reason of a
declared interest) falls below the required quorum, the meeting shall be
adjourned and business not transacted shall be transacted at the next meeting
or on such other day as the Chairman may fix.
8.
For
a quorum relating to a committee or sub-committee, please refer to standing
order 48.
9.
Voting
Members shall vote by show of hands or, if at least two members so
request, by signed ballot.
10.
If
a member so requires, the Clerk shall record the names of the members who voted
on any question so as to show whether they voted for or against it. Such a
request must be made before moving on to the next business.
11.
(1) Subject to (2) and (3) below the Chairman may give an original vote on any
matter put to the vote,
and in any case of an equality of votes
may give a casting vote whether or not he gave an original
vote.
(2) If the person presiding at the annual meeting would have ceased to be a member of the council but for the statutory provisions which preserve the membership of the Chairman and Vice-Chairman until the end of their term of office he may not give an original vote in an election for Chairman.
(3) The person presiding must give a casting vote
whenever there is an equality of votes in an elec- tion for Chairman.
12. Order of Business
At each Annual Parish Council Meeting (Annual General
Meeting) the first business shall be:-
a) To elect a Chairman of the Council. A member may not stand for election for more
than three consecutive years.
b) To receive the Chairman's declaration of
acceptance of office or, if not then received, to decide
when
it shall be received.
c) In the ordinary year of election of the Council to
fill any vacancies left unfilled at the election by reason of insufficient
nominations.
d) To decide when any declarations of acceptance of
office and written undertakings to observe the code of conduct adopted by the
council which have not been received as provided by law, shall be received.
e) To elect a Vice-Chairman of the Council.
f) To appoint representatives to outside bodies.
g) To appoint committees and sub-committees.
h) To consider the payment of any subscriptions
falling to be paid annually.
i) To inspect any deeds and trust investments in the
custody of the Council as required; and shall thereafter follow the order set
out in the Standing Order 15
13. At every meeting other than the Annual Parish
Council Meeting the first business shall be to appoint a Chairman if the
Chairman and Vice-Chairman be absent and to receive such declarations of
acceptance of office (if any) and undertaking to observe the Council's code of
conduct as are required by law to be made or, if not then received, to decide
when they shall be received.
14. In every year, not later than the meeting at
which the estimates for next year are settled, the Council shall review the pay and conditions
of service of existing employees. Standing Order 38 must be read in conjunction
with this requirement.
15. After the first business has been completed, the
order of business, unless the Council otherwise decides on the ground of
urgency, shall be as follows:-
a) To read and consider the Minutes; provided that if
a copy has been circulated to each member not later than the day of issue of
the summons to attend the meeting, the Minutes may be taken as read.
b) After consideration to approve the signature of the Minutes by the person presiding as a correct record.
c) To deal with business expressly required by
statute to be done.
d) To dispose of business, if any, remaining from the
last meeting.
e) To receive such communications as the person
presiding may wish to lay before the Council.
f) To answer questions from Councillors.
g) To receive and consider reports and minutes of
committees.
h) To receive and consider resolutions or
recommendations in the order in which they have been notified.
i) To authorise the sealing of documents.
j) If necessary, to authorise the signing of orders
for payment.
16. Urgent Business
A motion to vary the order of business on the ground
of urgency:
a) May be proposed by the Chairman or by any member
and, if proposed by the Chairman, may be put to
the
vote without being seconded, and
b) Shall be put to the vote without discussion.
17. Resolutions Moved On Notice
Except as provided by these Standing Orders, no
resolution may be moved unless the business to which it
relates
has been put on the Agenda by the Clerk or the mover has given notice in
writing of its terms and has delivered the notice to the Clerk at least 10
calendar days before the next meeting of the Council.
18. The Clerk shall date every notice of resolution
or recommendation when received by him, shall number each notice in the order
in which it was received and shall enter it in a book which shall be open to
the inspection of every member of the Council.
19. The Clerk shall insert in the summons for every
meeting all notices of motion or recommendation properly given in the order in
which they have been received unless the member giving a notice of motion has
stated in writing that he intends to move at some later meeting or that he
withdraws it.
20. If a resolution or recommendation specified in
the summons is not moved either by the member who gave notice of it or by any
other member, it shall, unless postponed by the Council, be treated as
withdrawn and shall not be moved without fresh notice.
21. If the subject matter of a resolution comes
within the province of a committee of the Council, it shall, upon being moved
and seconded, stand referred without discussion to such committee or to such
other committee as the Council may determine for report; provided that the
Chairman, if he considers it to be a matter of urgency, may allow it to be
dealt with at the meeting at which it was moved.
22. Every resolution or recommendation shall be
relevant to some subject over which the Council has power or duties which
affects its area.
23. Resolutions Moved Without Notice
Resolutions dealing with the following matters may be
moved without notice:-
a) To appoint a Chairman of the meeting.
b) To correct the Minutes.
c) To approve the Minutes.
d) To alter the order of business.
e) To proceed to the next business.
f) To close or adjourn the debate.
g) To refer a matter to a committee.
h) To appoint a committee or any members thereof.
i) To adopt a report.
j) To authorise the sealing of documents.
k) To amend a motion.
I) To give leave to withdraw a resolution or
amendment.
m) To extend the time limit for speeches.
n) To exclude the press and public. (see Order 68
below)
0) To silence or eject from the meeting a member
named for misconduct. (see order 33 below)
p) To give the consent of the Council where such
consent is required by these Standing Orders.
q) To suspend any Standing Order. (see Order 79
below)
r) To adjourn the meeting.
24. Questions
A member may ask the Chairman of the Council or the
Clerk any question concerning the business of the Council, provided 7 clear
days notice of the question has been given to the person to whom it is
addressed.
25. No questions not connected with business under
discussion shall be asked except during the part of the meeting set aside for
questions.
26. Every question shall be put and answered without
discussion.
27. A person to whom a question has been put may
decline to answer.
28. Rules of Debate
No discussion shall take place upon the Minutes
except upon their accuracy. Corrections to the Minutes
shall be made by resolution and must be initialled by
the Chairman.
29. a) A resolution or amendment shall not be
discussed unless it has been proposed and seconded, and, unless proper notice
has already been given, it shall, if required by the Chairman, be reduced to
writing and handed to him before it is further discussed or put to the meeting.
b) A member when seconding a resolution or amendment
may, if he then declares his intention to do so, reserve his speech until a
later period of the debate.
c) A member shall direct his speech to the question
under discussion or to a personal explanation or to a question of order.
d) No speech by a mover of a resolution shall exceed
5 minutes and no other speech shall exceed 3 min- utes except by consent of the
Council.
e) An amendment shall be either:-
i) To leave out words.
ii) To leave out words and insert others
iii) To insert or add words.
f) An amendment shall not have to effect of negating
the resolution before the Council.
g) If an amendment be carried, the resolution, as
amended, shall take the place of the original resolution
and
shall become the resolution upon which any further amendment may be moved.
h) A further amendment shall not be moved until the
Council has disposed of every amendment previously moved.
i) The mover of a resolution or of an amendment shall
have a right of reply, not exceeding 2 minutes.
j) A member, other than the mover of a resolution,
shall not, without leave of the Council, speak more than once on any resolution
except to move an amendment or further amendment, or on an amendment, or on a
point of order, or in personal explanation, or to move a closure.
k) A member may speak on a point of order or a
personal explanation. A member speaking for these pur- poses shall be heard
forthwith. A personal explanation shall be confined to some material part of a
former speech by him which may have been misunderstood.
I) A motion or amendment may be withdrawn by the
proposer with the consent of the Council, which shall be signified without
discussion, and no member may speak upon it after permission has been asked for
its withdrawal unless such permission has been refused.
m) When a resolution is under debate no other
resolution shall be moved except the following:-
i. To amend the resolution.
ii. To proceed to the next business.
iii. To adjourn the debate.
iv. That the question be now put.
v. That a member named be not further heard.
vi. That a member named do leave the meeting.
vii. That the resolution be referred to a committee.
viii. To exclude the public and press.
ix. To adjourn the meeting.
30. A member shall remain seated when speaking unless
requested to stand by the Chairman.
31. a) the ruling of the Chairman on a point of order or on the admissibility of a personal explanation shall not be discussed.
b) Members shall address the Chairman. If two or more
members wish to speak, the Chairman shall decide whom to call upon.
c) Whenever the Chairman speaks during a debate all
other members shall be silent.
32. Closure
At the end of any speech a member may, without
comment, move "that the question be now put", "that the debate
be now adjourned" or "that the Council do now adjourn". If such
motion is seconded, the Chairman shall put the motion but, in the case of a
motion "that the question be now put", only if he is of the opinion
that the question before the Council has been sufficiently debated. If the
motion "that the question be now put" is carried, he shall call upon
the mover to exercise or waive his right of reply and shall put the question
immediately after that right has been exercised or waived. The adjournment of a
debate or of the Council shall not prejudice the mover's right of reply at the
resumption.
33. Disorderly Conduct
a) All members must observe the Code of Conduct which
was adopted by the council on 1 May 2002, a copy of which is annexed to these Standing
Orders.
b) No member shall at a meeting persistently
disregard the ruling of the Chairman, wilfully obstruct business, or behave
irregularly, offensively, improperly or in such a manner as to bring
the Council into disrepute.
c) If, in the opinion of the Chairman, a member has
acted in a manner contrary to that required, the Chairman shall express that
opinion to the Council and thereafter any member may move that the mem- ber named
be no longer heard or that the member named do leave the meeting, and the
motion, if sec- onded, shall be put forthwith and without discussion. If a
member reasonably believes another mem- ber is in breach of the code of
conduct, that member is under a duty to report the breach to the Standards
Board (England) or the Local Commissioner (Wales).
d) If the motion mentioned in paragraph (c) is disobeyed, the Chairman may adjourn the meeting or take such further steps as may reasonably be necessary to enforce them.
34. Right of ReRly
The mover of a resolution shall have a right to reply immediately before the resolution is put to the vote. If an amendment is proposed the mover of the amendment shall be entitled to reply immediately before the amendment is put to the vote. A member exercising a right of reply shall not introduce a new matter. After the right of reply has been exercised or waived, a vote shall be taken without further discussion.
35. Alteration of Resolution
A member may, with the consent of his seconder, move
amendments to his own resolution.
36. Rescission of Previous Resolution
a) A decision (whether affirmative or negative) of
the Council shall not be reversed within six months except either by a special
resolution, the written notice whereof bears the names of at least 3 members of
the Council, or by a resolution moved in pursuance of the report or
recommendation of a committee.
b) When a special resolution or any other resolution
moved under the provisions of paragraph (a) of this Order has been disposed of,
no similar resolution may be moved within a further six months.
37 .Voting on Appointments
Where more than two persons have been nominated for
any position to be filled by the Council and of the votes given there is not an
absolute majority in favour of one person, the name of the person having the
least number of votes shall be struck off the list and a fresh vote taken, and
so on until a majority of votes is given in favour of one person.
38. Discussions and Resolutions Affecting
Emolovees of the Council
If at a meeting there arises any question relating to
the appointment, conduct, promotion, dismissal, salary or conditions of
service, of any person employed by the Council, it shall not be considered
until the Council or committee (as the case may be) has decided whether or not
the press and public shall be excluded. (See Standing Order No.68.)
39. Resolutions on Expenditure
Any resolution [which is moved otherwise than in
pursuance of a recommendation of the Finance Committee or of another committee
after recommendation by the Finance Committee] and which, if carried, would, in
the opinion of the Chairman substantially increase the expenditure upon any
service which is under the management of the Council or reduce the revenue at
the disposal of any committee, or which would involve capital expenditure,
shall, when proposed and seconded, stand adjourned without discussion to the
next ordinary meeting of the Council, and any committee affected by it shall
consider whether it desires to report thereon.
40. Expenditure
Orders for the payment of money shall be authorised
by resolution of the Council and signed by two members.
41. Sealing of Documents
a) A document shall not be sealed on behalf of the
Council unless its sealing has been authorised by a res- olution.
b) Any two members of the Council named in a
resolution moved under the provisions of paragraph (a) of this Order may seal,
on behalf of the Council, any document required by law to be issued under seal.
42. Committees and Sub Committees
The Council may at its Annual Parish Council Meeting
appoint standing committees and may at any other
time
appoint such other committees as are necessary, but subject to any statutory
provision in that behalf:-
a)
Shall not appoint any member of a committee so as to hold office later than the
next Annual Meeting.
b)
May appoint persons other than members of the Council to any Committee; and
c) May subject to the provisions of Order 36 above at any time dissolve or alter the membership of committee.
Easingwold Town Council has appointed the standing committees listed with terms of reference and member numbers at the end of these standing orders.
43. The Chairman and Vice-Chairman ex-officio shall
be voting members of every committee.
44. Every committee shall at its first meeting before
proceeding to any other business, elect a Chairman and may elect a
Vice-Chairman who shall hold office until the next Annual Meeting of the
council, and shall settle its programme of meetings for the year.
45. Special Meeting
The Chairman of a committee or the Chairman of the
Council may summon an additional meeting of that committee at any time. An
additional meeting shall also be summoned on the requisition in writing of not
less than a quarter of the members of the committee. The summons shall set out
the business to be considered at the special meeting and no other business
shall be transacted at that meeting.
46. Sub-Committees
Every committee may appoint sub-committees for
purposes to be specified by the committee.
47. The Chairman and Vice-Chairman of the committee
shall be members of every sub-committee appointed by it unless they signify
that they do not wish to serve.
48. Except where ordered by the Council in the case
of a committee, or by the Council or by the appropriate committee in the case
of a sub-committee, the quorum of a committee or sub-committee shall be
one-half of its members.
49. The Standing Orders on rules of debate (except
those parts relating to standing and to speaking more than once) and the
Standing Order on interests of members in contracts and other matters shall
apply to committee and sub-committee meetings.
50. Advisory Committees
1) The Council may create advisory committees, whose
name, and number of members and the bodies to be invited to nominate members
shall be specified.
2)
The Clerk shall inform the members of each advisory committee of the terms of
reference of the committee.
3)
An advisory committee may make recommendations and give notice thereof to the
Council
4)
An advisory committee may consist wholly of persons who are not members of the
Council.
Voting in Committees
51. Members of committees and sub-committees entitled
to vote, shall vote by show of hands, or, if at least two members so request,
by signed ballot.
52. Chairmen of committees and sub-committees
shall in the case of an equality of votes have a second or casting vote.
53. Presence of Non-Members of Committees at
Committee Meetinqs
A member who has proposed a resolution which has been
referred to any committee of which he is not a member, may explain his
resolution to the committee but shall not vote.
54. Accounts and Financial Statement
1)
Except as provided in paragraph (2) of this Standing Order or by statute, all accounts
for payment and claims upon the Council shall be laid before the Council.
2)
Where it is necessary to make a payment before it has been authorised by the
Council, such payment shall be certified as to its correctness and urgency by
the Responsible Financial Officer or the clerk if dif- ferent. Such payment
shall be authorised by the committee, if any, having charge of the business to
which it relates, or by the proper officer for payment with the approval of the
Chairman or Vice-Chairman of the Council.
3)
All payments ratified under sub-paragraph (2) of this Standing Order shall be
separately included in the next schedule of payments before the Council.
55. The Responsible Financial Officer shall supply to
each member as soon as practicable after 31 March in each year a statement of
the receipts and payments of the Council for the completed financial year. A
Financial Statement prepared on the appropriate accounting basis (receipts and
payments, or income and expenditure) for a year to 31 March shall be presented
to each member before the end of the following month of May. The Statement of
Accounts of the Council (which is subject to external audit) shall be pre-
sented to Council for formal approval before the end of the following month of
September.
56. Estimates / Precepts
1)
The council shall approve written estimates for the coming financial year at
its meeting before the end of the month of November.
2)
Any committee desiring to incur expenditure shall give the Clerk a written
estimate of the expenditure recommended for the coming year no later than 31
October.
57. Interests
If a member has a personal interest as defined by the
Code of Conduct adopted by the Council on
1 May 2002 then he shall declare such interest as soon as it becomes apparent,
disclosing the existence and nature of that interest as required.
58. If a member who has declared a personal
interest then considers the interest to be prejudicial, he must withdraw from
the room or chamber during consideration of the item to which the interest
relates.
59. The Clerk may be required to compile and hold a
Register of Members’ Interests, or a copy thereof, in accordance with agreement
reached with the Monitoring Officer of the Responsible Authority and/or as
required by statute.
60. If a candidate for any appointment under the
Council is to his knowledge related to any member of or the holder of any
office under the Council, he and the person to whom he is related shall
disclose the relationship in writing to the Clerk. A candidate who fails so to
do shall be disqualified for such appointment, and, if appointed, may be
dismissed without notice. The Clerk shall report to the Council or to the
appropriate committee any such disclosure. Where relationship to a member is
disclosed this Standing Order shall apply.
61. The Clerk shall make known the purpose of this
Standing Order to every candidate.
62. Canvassing of And Recommendations By Members
1) Canvassing of members of the Council or of any
committee, directly or indirectly, for any appointment
under
the Council shall disqualify the candidate for such appointment. The Clerk
shall make known the purpose of this sub-paragraph of this Standing Order to
every candidate.
2) A member of the Council or of any committee shall
not solicit for any person any appointment under the Council or recommend any
person for such appointment or for promotion; but, nevertheless, any such
member may give a written testimonial of a candidate's ability, experience or
character for submission to the Council with an application for appointment.
63. Standing Order Nos. 60 & 62 shall apply to
tenders as if the person making the tender were a candidate for an appointment.
64. Inspection of Documents
A member may for the purpose of his duty as such (but
not otherwise), inspect any document in possession of the Council or a
committee, and if copies are available shall, on request, be supplied for the
like purpose with a copy.
65. All minutes kept by the Council and by any
committee shall be open for the inspection of any mem- ber of the Council.
66. Unauthorised Activities
No member of the Council or of any committee or
sub-committee shall in the name of or on behalf of the Council:-
a)
Inspect any lands or premises which the Council has a right or duty to inspect;
or
b)
Issue orders, instructions or directions unless authorised to do so by the
Council or the relevant committee or sub-committee.
67. Admission of The Public and Press to Meetings
The public and press shall be admitted to all
meetings of the Council and its committees and sub- committees, which may,
however, temporarily exclude the public and press by means of the following
resolutions:-
"That
in view of the [special] [confidential] nature of the business about to be
transacted, it is advisable in the public interest that the press and public be
temporarily excluded and they are instructed to withdraw"
68. The Council committee or sub-committee shall
state the special reason for exclusion.
69. At all meetings of the Council, the Chairman may
at their discretion and at a convenient time in the transaction of business,
adjourn the meeting so as to allow any members of the public to address the
meeting in relation to the business to be transacted at that meeting.
70. The Clerk shall afford to the press reasonable
facilities for the taking of their report of any proceedings at which they are
entitled to be present. There shall be no audio or video recording or
photographs of the meeting without the express approval of the Council.
71. If a member of the public interrupts the
proceedings at any meeting, the Chairman may, after warning, order that he be
removed from the meeting and may adjourn the meeting for such period as is
necessary to restore order.
72. Confidential
Business
1)
No member of the Council or of any committee or sub-committee shall disclose to
any person not a member of the Council any business declared to be confidential
by the Council, the committee or the sub-committee as the case may be.
2) Any member in breach of the provisions of paragraph (1) of this Standing Order shall be removed from any committee or sub-committee of the Council by the Council.
73. Liaison with County and District Councillors
A Summons and Agenda for each meeting shall be sent,
together with an invitation to attend, to the County, Borough, Unitary or
District Councillor for the appropriate division or ward.
74. Unless the Council otherwise orders, a copy of
each letter ordered to be sent to the County or District Council shall be
transmitted to the County Councillor for the division or to the District
Councillor for the ward as the case may require.
75. Planning Applications
1) The Clerk shall, as soon as it is received, enter in a book kept for the purpose the following particulars of every planning application notified to the Council:-
(a) the date on which it was received
(b) the name of the applicant
(c) the place to which it relates;
(d) The Clerk shall notify the receipt of every planning application to
the Chairman / Chairman of the Planning Committee or in the Chairman's absence
to the Vice-Chairman within 48 hours of receipt.
76. Financial Matters
The Council shall consider and approve Financial
Regulations drawn up by the Responsible Financial Officer.
1) Such Regulations shall include detailed
arrangements for the following:
a) the accounting records and systems of internal
control;
b) the assessment and management of risks faced by
the Council;
c) the work of the Internal Auditor and the receipt
of regular reports from the Internal Auditor which shall be required at least
annually;
d) the financial reporting requirements of members
and local electors and
e) procurement policies (subject to (2) below)
including the setting of values for different procedures where the contract has
an estimated value less than £50,000.
2)
Any proposed contract for the supply of goods, materials, services and the
execution of works with an estimated value in excess of £50,000 shall be
procured on the basis of a formal tender as summarised in (3) below.
3)
Any formal tender process shall comprise the following steps:
a) a public notice of intention to place a contract
to be placed in a local newspaper;
b) a specification of the goods, materials, services
and the execution of works shall be drawn up;
c) tenders are to be sent, in a sealed marked
envelope, to the Clerk by a stated date and time;
d) tenders submitted are to be opened, after the
stated closing date and time, by the Clerk and at least one member of Council;
e) tenders are then to be assessed and reported to
the appropriate meeting of Council or Committee.
4) The Council or a committee, is not bound to accept
the lowest tender, estimate or quote. Any tender notice shall contain a
reference to the Standing orders 59 & 60 regarding improper activity.
5) The Financial Regulations of the Council shall be
subject to regular review, at least once every four years.
European Union Public Sector Procurement Rules are
likely to apply to contracts with a value in excess of £140,000 and advice
should be sought at this level.
(Note: Some Standing Order must be made for
contracts for the supply of goods or the execution of works)
77. Code of Conduct on Complaints
The Council shall deal with complaints of
maladministration allegedly committed by the Council or by any officer or
member in such manner as adopted by the Council except for those complaints
which should be properly directed to the Standards Board (England) or
Commission (Wales) for consideration.
78. Variation. Revocation and Suspension of
Standing Orders
Any or every part of the Standing Orders except those
printed in bold type may be suspended by resolu- tion in relation to any
specific item of business.
79. A resolution permanently to add, vary or revoke a
Standing Order shall when proposed and seconded, stand adjourned without
discussion to the next ordinary meeting of the Council.
80. Standing Orders to be Given to Members
A copy of these Standing Orders shall be given to
each member by the Clerk upon delivery to him of the member's declaration of
acceptance of office and written undertaking to observe the Code of Conduct
adopted by the Council.