STANDING ORDERS FOR COLLINGBOURNE DUCIS PARISH COUNCIL It having been received under agenda item number 4.116 during the proceedings of the Council held on 12 May 2016 to adopt the amended form of Standing Orders prescribed by the National Association of Local Councils, the members of the Council are requested to note the following items pertaining to the Orders in respect of the Council’s own procedure. 1. MEETINGS The Statutory Annual Meeting (a) in an election year shall be held on or within 14 days following on which councillors elected take office (b) in a year which is not an election year shall be held on the first Thursday in May. In addition to the Statutory Annual Meeting at least three other statutory meetings shall be held on the first Thursday in the months of January, July and November. Additional full council meetings shall be held on the 1st Thursday in the months of March, September and December. A finance only meeting may be held in January. 2. CHAIRMAN OF MEETING The person presiding at a meeting may exercise all the powers and duties of the Chairman in relation to the conduct of the meeting. 3. PROPER OFFICER Where a statute, regulation or order confers functions or duties on the proper officer of the Council in the following cases, the Clerk to the Council: To receive declarations of office To receive and record notices disclosing pecuniary interests To receive and retain plans and documents To sign notices or other documents on behalf of the Council To receive copies of bylaws made by a District Council To certify copies of bylaws made by the Council To sign summonses to attend meetings of the Council 4. QUORUM Three members or one third of the total membership, which ever is the greater, shall constitute a quorum. If a quorum is not present when the Council meet, or if during a meeting the number of councillors present and not debarred by reason of a declared pecuniary interest falls below the quorum, the business not transacted at that meeting shall be transacted at the next meeting, or on such other day as the Chairman may fix. 5. VOTING 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 may be made before or after the vote but in any event before moving on to the next business. (1) Subject to (2) and (3) below the Chairman may give an original vote on any matter put to the vote, and in the cast of an equality of votes may give a casting vote even though he gave no 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 their 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 election for Chairman. 6. ORDER OF BUSINESS (In an election year councillors should execute Declarations of Acceptance of Office in each others presence, or in the presence of a proper officer previously authorised by the Council to take such declaration, before the annual meeting commences.) At each Annual Meeting the first business shall be: To elect a Chairman To receive the Chairman’s declaration of acceptance of office or, if not then received, to decide when it shall be received. In the ordinary year of election of the Council to fill any vacancies left unfilled at the election by reason of insufficient nominations. To decide when any declarations of acceptance of office and written undertakings to comply with the Code of Conduct adopted by the Council which have not been received as provided by law shall be received. At every meeting other than the Annual 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) as are required by law to be made, or if not then received to decide when they shall be received. 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: 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. After consideration to approve the signature of the Minutes by the person presiding as a correct record. (order of business continued) To deal with business expressly required by statute to be done. To dispose of business, if any, remaining from the last meeting To receive such communications as the person presiding may wish to lay before the Council To answer questions from Councillors To receive and consider reports and minutes of committees To receive and consider reports from officers of the council To authorise the sealing of documents To consider resolutions or recommendations in the order in which they have been notified Any other business specified in the summons A motion to vary the order of business on the ground of urgency 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 shall be put to the vote without discussion. 7. 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 in 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 14 clear days before the next meeting of the Council. 8. VOTING ON APPOINTMENT 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. 9. 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 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, and any committee affected by it shall consider whether it desires to report thereon, and the Finance Committee shall report on the financial aspect of the matter. 10. EXPENDITURE Orders for the payment of money shall be authorised by resolution of the Council and signed by two members. 11. ESTIMATES The Council shall approve written estimates for the coming financial year at the finance only meeting in the month of January. Any committee desiring to incur expenditure shall not later than 2nd December give to the Clerk a written budget for the expenditure recommended for the coming year. 12. COMMITTEES AND SUB-COMMITTEES The Chairman and Vice-Chairman ex officio shall be members of every committee except for a dispensation committee. The Council may at its Annual Meeting appoint standing committees and may at any other time appoint such other committees as are necessary. At the same meeting a Chairman and Vice-Chairman shall be elected for each committee, who shall hold office until the next Annual Meeting of the Council, and shall settle its programme of meetings for the year. 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 that 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. The Chairman of the Committee or the clerk shall be responsible for notifying all Committee members of meetings, and ensuring that they are held at accessible times and venues. Minutes of the proceedings recording official acts and decisions, must be retained by the clerk. Where appropriate individual Committee members may be allocated specific monitoring duties. These details must be retained in a specific file and available to the Public on request. Every committee may appoint sub-committees for the purposes to be specified by the committee. The Chairman and Vice-Chairman shall be members of every sub- Committee appointed by it unless they signify that they do not wish to serve. 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 Except for the Dispensation Committee were it will be 3. 13. DUTIES OF COMMITTEES Finance Committee: The committee shall consist of not less than 5 councillors plus the Chairman and Vice Chairman of the Parish Council. The Chairman of Finance shall: Convene meetings of the Finance Committee as and when appropriate Prepare a precept for submission to the Parish Council at the January meeting. Act as one of the approved signatories for cheques. Report at each Council meeting on the Council’s finances. Prepare and present an Annual Report Planning Committee: The committee shall consist of no less than 3 councillors plus the Chairman and Vice Chairman of the Parish Council. The Chairman of Planning shall: Consider in committee all plans received from Wiltshire Council Report at each Parish Council meeting on action taken by the committee To consider all appeals received and ensure comments are retained on file Prepare an Annual Report Property Committee: The committee shall consist of no less than 3 Councillors plus the Chairman and Vice Chairman. The Chairman of Property shall: Prepare an annual inventory of property Ensure all items are adequately insured Obtain tenders yearly for the maintenance of all Parish Property Maintain records of all committee proceedings Produce for the Finance Committee estimates of anticipated expenditure for the forthcoming year by 1st December Ensure the Parish Burial Ground records are kept up-to-date and review burial charges annually. Update the Council at each meeting on property matters. Prepare an Annual Report Dispensation Committee. The committee shall consist of no less than 3 councillors none of whom are members requesting a dispensation. The Chairman who is to be elected at the star of the meeting shall: Consider the dispensations as applied for. Report at each Parish Council meeting on dispensations granted by the committee 14. VOTING IN COMMITTEES 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. Chairmen of committees and sub-committees shall in the case of an equality of votes have a second or casting vote 15. PRESENCE OF NON-MEMBERS OF COMMITTEES AT COMMITTEE MEETINGS 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. 16. INTERESTS If any member has a personal interest as defined by the Code of Conduct adopted by the council on 12 th July 2012 then he shall declare such interest as soon as it becomes apparent, disclosing the nature and extent of that interest as required. Councillors with a disclosable pecuniary interest in relation to any item of business being transacted at a meeting shall withdraw from the meeting for the relevant agenda item if any member or member of the public present requests this. In respect of the adopted Code of Conduct, should an issue with significant interest from a number of councillors arise as such would render the council inquorate, a meeting of the Dispensation Committee will be convened to consider the interests and potential dispensation of councillors. 17. DISORDERLY CONDUCT All members must behave in a manner required by the Code of Conduct which was adopted by the Council on 12 th July 2012 and annexed to these orders 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 scandalise the Council or bring it into contempt or ridicule. 18. INSPECTION OF DOCUMENTS All Minutes kept by the Council and by any committee shall be open for the inspection of any member of the Council and the Public at every monthly meeting, or by arrangement. 19. ADMISSION OF THE PUBLIC AND PRESS TO MEETINGS The public shall be admitted to and allowed to report, film or record council meetings by a variety of means, or to tweet or blog. Oral commentary whilst a meeting is in progress is not allowed and any recording or tweeting, etc must not be done in a disruptive manner. Reporting is only allowed in parts of the meeting open to the public. All Meetings of the Council and its committees and sub-committees, may, however, temporarily exclude the public by means of the following resolution: “That in view of the (special) (confidential) nature of the business about to be transacted, it is advisable in the public interest that the public be temporarily excluded and they are instructed to withdraw.” (Notes: The special reasons should be stated. If a person’s advice or assistance is needed they may be invited (by name) to remain after the exclusion resolution is passed). The Clerk shall afford to the press reasonable facilities for taking their report of any proceedings at which they are entitled to be present. 20. CODE OF CONDUCT ON COMPLAINTS The Council shall deal with complaints of misadministration allegedly committed by the Council or by any officer or member in such a manner as adopted by the Council except for those complaints that should be properly directed to the Wiltshire Council for consideration. 21. STANDING ORDERS TO BE GIVEN TO MEMBERS A copy of these Standing Orders shall be given to each member by the Clerk on receipt of the member’s declaration of acceptance of office. 22. CODE OF CONDUCT Collingbourne Ducis Parish Council Code of Conduct (Adopted by PC at a Meeting Held on Thursday 6 September 2012) Introduction Pursuant to section 27 of the Localism Act 2011, Collingbourne Ducis Council (‘The Council’) has adopted this Code of Conduct to promote and maintain high standards of behaviour by its members and co-opted members whenever they conduct the business of the Council, including the business of the office to which they were elected or appointed, or when they claim to act or give the impression of acting as a representative of the Council. This Code of Conduct is based on the principles of selflessness, integrity, objectivity, accountability, openness, honesty, and leadership. Definitions For the purposes of this Code, a ‘co-opted member’ is a person who is not a member of the Council but who is either a member of any committee or sub-committee of the Council, or a member of, and represents the Council on any joint committee or joint sub-committee of the Council, and who is entitled to vote on any question that falls to be decided at any meeting of that committee or sub-committee. For the purposes of this Code, a ‘meeting’ is a meeting of the Council, any of its committees, sub-committees, joint committees or joint sub-committees. For the purposes of this Code, and unless otherwise expressed, a reference to a member of the Council includes a co-opted member of the Council. Member obligations When a member of the Council acts, claims to act or gives the impression of acting as a representative of the Council, he/she has the following obligations. 1 . He/she shall behave in such a way that a reasonable person would regard as respectful. 2 . He/she shall not act in a way which a reasonable person would regard as bullying or intimidatory. 3 . He/she shall not seek to improperly confer an advantage or disadvantage on any person. 4 . He/she shall use the resources of the Council in accordance with its requirements. 5 . He/she shall not disclose information which is confidential or where disclosure is prohibited by law. Registration of interests Within 28 days of this Code being adopted by the Council, or the member’s election or the co-opted member’s appointment (where that is later), he/she shall register with the Monitoring Officer the interests which fall within the categories set out in Appendices A and B. 1 . Upon the re-election of a member or the re-appointment of a co-opted member, he/she shall within 28 days re-register with the Monitoring Officer any interests in Appendices A and B. 2 . A member shall register with the Monitoring Officer any change to interests or new interests in Appendices A and B within 28 days of becoming aware of it. 3 . A member need only declare the existence but not the details of any interest which the Monitoring Officer agrees is a ‘sensitive interest’. A sensitive interest is one which, if disclosed on a public register, could lead the member or a person connected with the member to be subject to violence or intimidation. Declaration of interests at meetings 10. Where a matter arises at a meeting which relates to an interest in Appendix A the member shall not participate in a discussion or vote on the matter. He/she only has to declare what his/her interest is if it is not already entered in the member’s register of interests or if he/she has not notified the Monitoring Officer of it.Where a matter arises at a meeting which relates to an interest in Appendix A which is a sensitive interest, the member shall not participate in a discussion or vote on the matter. If it is a sensitive interest which has not already been disclosed to the Monitoring Officer, the member shall disclose he/she has an interest but not the nature of it. 1 1 . Where a matter arises at a meeting which relates to an interest in Appendix B, the member shall not vote on the matter. He/she may speak on the matter only if members of the public are also allowed to speak at the meeting. 1 2 . A member only has to declare his/her interest in Appendix B if it is not already entered in his/her register of interests or he/she has not notified the Monitoring Officer of it or if he/she speaks on the matter. If he/she holds an interest in Appendix B which is a sensitive interest not already disclosed to the Monitoring Officer, he/she shall declare the interest but not the nature of the interest. 1 1 . Where a matter arises at a meeting which relates to a financial interest of a friend, relative or close associate (other than an interest of a person in Appendix A), the member shall disclose the nature of the interest and not vote on the matter. He/she may speak on the matter only if members of the public are also allowed to speak at the meeting. If it is a ‘sensitive interest’ the member shall declare the interest but not the nature of the interest. Dispensations 1 1 . On a written request made to the Council’s proper officer, the Council may grant a member a dispensation to participate in a discussion and vote on a matter at a meeting even if he/she has an interest in Appendices A and B if the Council believes that the number of members otherwise prohibited from taking part in the meeting would impede the transaction of the business; or it is in the interests of the inhabitants in the Council’s area to allow the member to take part or it is otherwise appropriate to grant a dispensation. Index of Standing Orders Meetings 1 Chairman of Meeting 2 Proper Officer 3 Quorum 4 Voting 5 Order of Business 6 Resolutions moved on Notice 7 Voting on Appointment 8 Resolutions on Expenditure 9 Expenditure 10 Estimates 11 Committees and Sub-Committees 12 Duties of Committees 13 Voting in Committees 14 Presence of non-members of committees at committee meetings15 Interests 16 Disorderly Conduct 17 Inspection of Documents 18 Admission of Public and Press to Meetings 19 Code of Conduct on Complaints 20 Standing Orders to be given to Members 21 Code of Conduct 22
STANDING ORDERS FOR COLLINGBOURNE DUCIS PARISH COUNCIL.