Standing orders
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 the 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 will:
receive declarations of office
receive and record notices disclosing pecuniary interests
receive and retain plans and documents
sign notices or other documents on behalf of the Council
receive copies of bylaws made by a District Council
certify copies of bylaws made by the Council
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.
Subject to points 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.
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.
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:
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.
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. Estimate
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 three.
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
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 three 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 12th 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 12th 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
Make it stand out.