FAIRFORD TOWN COUNCIL STANDING ORDERS
These Standing Orders were adopted by the Council at its Meeting held on 14th April 2009 MEETINGS: 1. Meetings of the Town Council shall be held at 7.00 p.m. on the second Tuesday of every month unless the Council decides otherwise at a previous meeting 2. The Statutory Annual Meeting shall be held as follows:- (i) In an election year on the Tuesday next following the fourth day after the ordinary day of elections to the Council at 7.00 p.m. (ii) In a year which is not an election year shall be held on the second Tuesday in May at 7.00 p.m. 3. Smoking is not permitted at any meeting of the Council
CHAIRMAN OF MEETING: 4. The person presiding at a meeting may exercise all the powers and duties of the Town Mayor in relation to the conduct of the meeting. If present, the Town Mayor will chair the meeting and if unavailable, the Deputy Mayor. If both are unavailable, an alternative will be nominated and seconded by members present and a vote taken by show of hands. PROPER OFFICER: 5. The Clerk shall be the Proper Officer for any purpose in respect of which a Proper Officer is mentioned in any statute, regulation or order, and shall:- (a) Receive declarations of acceptance of office (b) Receive and record notices disclosing interests (c) Receive and retain plans and documents (d) Sign notices or other documents on behalf of the Council (e) Receive copies of byelaws made by another local authority (f) Certify copies of byelaws made by the Council (g) Sign and issue summonses to attend meetings of the Council at least three clear days (not including the days of issue and meeting) before a meeting of the Council, giving notice of the time and place of the meeting (h) Provide a minute book for recording the proceedings of meetings and keep a proper record of all such meetings. In any other case the “proper officer” shall be the person nominated by the Council and, in default of nomination, the Clerk. QUORUM OF COUNCIL: 6. The quorum is four or one third of the total membership of the council whichever is the greater, but where more than one third of the members are disqualified at the same time, the quorum is either four or one third of the qualified members, whichever is the greater. 7. If a quorum is not present when the Council meets or if during a meeting the number of councillors present and not debarred by reason of declaring a prejudicial 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 VOTING: 8. Members shall vote by show of hands, or, if at least two members so request, by signed ballot. 9. If a member so requires, the Clerk shall record the names of the Members who voted on any question and how they voted. 10. Subject to (a) and (b) below the Town Mayor may give an original vote on any matter put to the vote, and in the case of an equality of votes may give a casting vote whether or not he/she gave an original vote (a) 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 Town Mayor and Deputy Town Mayor until the end of their term of office, he may not give an original vote in the election for Town Mayor (b)The person presiding must give a casting vote whenever there is an equality of votes in an election for Town Mayor ORDER OF BUSINESS: 11. In an election year councillors should execute Declarations of Acceptance of Office in each other’s presence, or in the presence of a proper officer previously authorised by the Council to take such declaration, before the Annual Meeting commences. 12. At each Annual Meeting the first business shall be:- (a) To elect a Town Mayor (b) To receive the Town Mayor’s declaration of acceptance of office or, if not then received, to decide when it shall be received (c) In the ordinary year of an election of the Council to fill any vacancies unfilled at the election by reason of insufficient nominations (d) To decide when any Declarations of Acceptance of Office which have not been received as provided by law shall be received (e) To elect a Deputy Town Mayor (f) To appoint members of the Facilities, Planning, Finance and Highways Committees and other Committees as required (g) To appoint a Palmer Hall representative (h) To appoint two Farmor’s School charity trustees (i) To appoint three Fairford Community Centre Ltd Trustees (j) To appoint two Fairford Playing Fields Association representatives (k) To appoint 3 Fairford Forward representatives (l) To appoint 2 Cotswold Water Park representatives (m) To appoint 2 Fairford Air Base Links (n) To appoint 2 Gloucestershire Market Town Forum representatives (o) To appoint Police Link representatives (p) To appoint 2 East Cotswold Strategic Partnership representatives And shall thereafter follow the order set out in Standing Order 14. 13. At every other meeting other than the Annual Meeting the first business, after a Chairman has been appointed (see point 4) shall be to receive such declarations of acceptance of office (if any) as are required by law to be made and to undertake to observe the Council’s code of conduct, or if not received to decide when they shall be received. The attendance of all members of the Council and the Clerk should be listed at the start of each meeting. Apologies for absence should be recorded. All councillors who send in apologies to the Town Clerk should give their reason why they are unable to attend. An attendance book shall be set up for this purpose. 14. After the first business has been completed, the order of business, unless the Council otherwise decides on the grounds of urgency or courtesy, shall read as follows:-
(a) To register declarations of interest. (b) To read and consider the Minutes: provided that a copy has been circulated to each member not later than the day of issue of the summons to attend the meeting. (c) After consideration, to approve the signature of the Minutes by the presiding Chairman as a correct record. (d) To deal with the business expressly required by statute to be done. (e) To dispose of any item of business from the last meeting. (f) To receive such communications as the person presiding may wish to lay before the Council - known as Chairman’s Announcements. Decisions may not be made on these as they are not listed on the agenda. (g) To note correspondence to the Council. Correspondence will be in two separate categories: ‘Correspondence awaiting reply’ (for discussion) and ‘Correspondence for information only’ (not for discussion). (h) To receive a report from the local representative of Gloucestershire County Council with standing orders adjourned. The local representative should send a summary of his/her report to the Council in advance and be restricted to five minutes. (i) To receive reports from the local representatives of Cotswold District Council with standing orders adjourned. The local representative should send a summary of his/her report to the Council in advance and be restricted to five minutes. (j) To receive reports on meetings attended. (k) To receive and consider reports and minutes from the Finance Committee. To make any decisions sent from the Committee to Full Council. (l) To receive and consider reports and minutes from other Committees. To make any decisions sent from the Committees to Full Council. (m) To receive and consider reports from Officers of the Council (n) To authorise signing of orders for payment if not previously authorised by the Finance Committee (o) To consider motions or recommendations in the order in which they have been notified (p) Any other business specified in the summons (q) The Chairman may decide whether to receive questions from members of the public, and when this will take place within the meeting. 15. A motion to vary the order of business on the grounds of urgency or expediency i. 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 ii. shall be put to the vote without discussion RESOLUTIONS MOVED ON NOTICE: 16. 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 and issued to members at least three clear days before the relevant meeting. The three clear days excludes both the day on which the agenda is sent out and the day of the meeting and excludes both Bank Holidays and weekends. 17. The Clerk shall date every notice or motion or recommendation when received and shall number each notice in the order it was received and shall enter it in a book which shall be open to the inspection of every member of the Council. 18. 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/she intends to move at some later meeting or that he/she withdraws it. 19. 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. 20. If the subject matter of the 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. 21. Every resolution or recommendation shall be relevant to some subject over which the Council has power or which affects its area. RESOLUTIONS MOVED WITHOUT NOTICE: 22. Resolutions dealing with the following matters may be moved without notice: i. To appoint a Chairman of the meeting ii. To correct the Minutes iii. To approve the Minutes iv. To alter the order of business v. To proceed to the next business vi. To close or adjourn the debate vii. To refer a matter to a Committee viii. To appoint a Committee or members thereof ix. To adopt a report x. To authorise the sealing of documents xi. To amend a motion xii. To give leave to withdraw a resolution or an amendment xiii. To extend the time limit for speeches xiv. To exclude the Press xv. To exclude the public xvi. To silence or eject from the meeting a member named for misconduct xvii. To give the consent of the Council where such consent is required by Standing Orders xviii. To suspend any Standing Order xix. To adjourn the Meeting QUESTIONS: 23. Subject to Clause 24, a member may ask the Mayor or Clerk any question concerning the business of the Council. If the information required is not immediately available all such questions shall receive a reply within three clear days. 24. No questions not connected with business under discussion shall be asked except during the part of the Meeting set aside for questions 25. Every question shall be put and answered without discussion 26. A person to whom a question has been put may decline to answer RULES OF DEBATE: 27. 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 28. (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 shall exceed three minutes, except by consent of the Chairman. (e) Amendments should be moved in the form of motions either to insert or to alter or to omit words in the resolution under discussion. (f) An amendment shall not have the effect of negating the resolution before the Council. (g) If an amendment is 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) There being no further amendments, the motion as amended should be put to the meeting. (j) The mover of a resolution or of an amendment shall have a right of reply, not exceeding three minutes. (k) 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. (l) A member may speak to make a point of order or personal explanation. A personal explanation shall be confined to some material part of a former speech by him, which may have been misunderstood. A member speaking for these purposes shall be heard forthwith. (m) A motion or amendment may be withdrawn by the proposer with the consent of the Council, which shall be signalled without discussion, and no member shall speak on it after permission has been asked for its withdrawal unless such permission has been refused. (n) 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 no longer heard vi. That a member named do leave the meeting vii. That the resolution be referred to a committee viii. To exclude the public or the press or both ix. To adjourn the meeting 29. (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 (c) If two or more members wish to speak at the same time, the Chairman shall call upon one of them to speak, and the others shall remain quiet (d) Whenever the Chairman speaks during a debate all other members shall remain silent RIGHT OF REPLY: 30. The mover of a resolution shall have the 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 the right of reply shall not introduce new matter. After the right of reply has been exercised or waived a vote shall be taken, without further discussion. ALTERATION OF RESOLUTION: 31. A member may, with the consent of his seconder, move amendments to his own resolution. RECISSION OF PREVIOUS RESOLUTION: 32. (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 seven members of the Council), or by a resolution moved in pursuance of the report or recommendation of a committee. 33. (b) When a special resolution or any other resolution moved under the provision of paragraph (a) has been disposed of, no similar resolution may be moved within a further six months. DISCUSSIONS AND RESOLUTIONS AFFECTING EMPLOYEES OF THE COUNCIL: 34. 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 public shall be excluded. COMMITTEES AND SUB-COMMITTEES: 35. The Council may, at its Annual Town Meeting, appoint standing Committees, and may at any other time appoint such other committees as are necessary. (a) The Council shall not appoint any member of a committee so as to hold office later than the next Annual Meeting. (b) Committees shall consist of the Town Mayor, Deputy Mayor and no more than four members of the Council. (c) At the first full council meeting following the annual meeting, voting will take place to fill the places on each committee. Each candidate must be nominated and seconded. If there are more than four candidates for the four available places on each committee, all councillors will be asked to cast votes. (d) The Council may appoint persons other than members of the Council to any committee apart from the Planning Committee if there are insufficient councillors able/willing to occupy the available places. Such non-councillor representatives, however, should be excluded from voting on financial matters. (e) The Council may, subject to the provisions of Order no. 33 above, at any time dissolve or alter the membership of a committee. 36. Every committee shall, at its first meeting before proceeding to the 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 37. 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 two 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. 38. Every committee may appoint sub-committees for purposes to be specified by the committee. 39. 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. 40. The Standing Orders on rules of debate (except those parts relating to speaking more than once) and the Stranding Orders on interests of members shall apply to committee and sub-committee meetings. VOTING IN COMMITTEES: 41. Members of committees and sub-committees entitled to vote shall vote by a show of hands, or, if at least two members so request, by signed ballot. Standing Order no.9 applies. 42. Chairmen of committees and sub-committees shall in the case of an equality of votes, have a second or casting vote. PRESENCE OF NON-MEMBERS OF COMMITTEES AT COMMITTEE MEETINGS: 43. 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. 44. Any Council member shall, unless the Council otherwise orders, be entitled to be present as a spectator at the meetings of any committee or sub-committee of which he is not a member. That councillor may speak, if invited by the Chair. VOTING ON APPOINTMENTS: 45. Where two or more 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. An absolute majority is 50% of the votes plus 1. If there are two people and there is still an equal number of votes, the Chair of the meeting will have the casting vote (see point 10). ADMISSION OF THE PUBLIC AND PRESS TO MEETINGS: 46. The public shall be admitted to all meetings of the Council and its committees, which may however, temporarily exclude the public or press or both by means of a resolution. The council shall state the special reason for exclusion. 47. The Clerk shall afford the press reasonable facilities for taking their report of any proceedings at which they are entitled to be present. 48. If a member of the public interrupts the proceedings at any meeting, the Chairman may, after warning, order that he or she be removed from the room. CONFIDENTIAL BUSINESS: 49. a) 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 sub-committee. b) The Council shall remove any member in breach of the provision of paragraph (b) of this Standing Order from any committee or sub-committee. PLANNING APPLICATIONS: 50. (a) On receipt of a planning application, the Clerk shall record the details on the database maintained for the purpose, and bring the application before the next Planning committee meeting for action. All decisions received from the District Council are to be brought to the attention of the Planning committee, and recorded on the appropriate record. (b) Where a planning application is received which requires consideration before the next scheduled meeting of the Planning Committee, the Clerk shall, in consultation with the Chairman of the Council and/or the Planning committee, taking account of the nature of the application, determine whether or not to call an additional Planning meeting to discuss the application. Where such a meeting is not considered necessary, the Clerk shall, after consultation with the Chairman of the Council and/or the Planning committee and other members of the Planning committee, be authorised to respond on behalf of the Council. (c) The Full Council shall delegate decision-making powers to the Planning Committee which will meet twice per month to execute its statutory role as a consultee on local planning decisions. Following each planning Committee meeting, a full copy of the minutes will be circulated within 48 hours to all Town Councillors. If three or more Councillors wish to revisit a specific planning decision, an extraordinary meeting can be requested within 24 hours of receiving the minutes, or the matter will be placed on the agenda at the next Full Council meeting, depending on the deadline for views to be made known to Cotswold District Council. LIAISON WITH COUNTY AND DISTRICT COUNCILLORS: 51. Notice of Town Council Meetings shall be sent to the County Councillor for the division, and to the District Councillors for the wards, together with an invitation to attend. 52. 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 Councillors for the ward, at the discretion of the Clerk. INSPECTION OF DOCUMENTS: 53. A member of the Council may for the purpose of his duty (but not otherwise) inspect any document in possession of the Council, committee or sub-committee, and if copies are available shall, on request, be supplied for the like purpose with a copy. 54. (a) All minutes kept by the Council and by any committee or sub-committee shall be open for inspection by any member of the Council. (b) The minutes of the Council shall be open for inspection by any local government elector of the parish during public opening hours without charge, clearly marked if unapproved. FINANCIAL MATTERS: 55. The Council shall consider and approve Financial Regulations drawn up by the Responsible Financial Officer. 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 e) procurement policies including procedures for contracts with an estimated value less than £5,000. 56. Orders for the payment of money shall be authorised by resolution of the Council and signed by two members. The Council may resolve that delegated spending powers are devolved to the Council committees, as agreed by the full Council. 57. (a) All purchases on behalf of the Council shall be made in writing and signed by the Clerk, who will record and retain copies of all purchasing authorities. (b) Except as provided in paragraph (c) of this Standing Order or by statute, all accounts for payment and claims upon the Council shall be laid before the Council, or relevant Council committee. (c) Where it is necessary to make a payment before it has been authorised by the Council, or relevant committee, such payment shall be certified to its correctness and urgency by the Clerk, and such payment shall be authorised by the committee having charge of the business to which it relates, or by the proper officer for payments with the approval of the Town Mayor or deputy Town Mayor. (d) All payments ratified under paragraph (c) of this Standing Order shall be separately included in the next schedule of payments laid before the Council. 58. (a) Where it is intended to enter into a contract exceeding £5,000 in value, the Clerk shall give at least three weeks public notice of such intention in the same manner as public notices of meetings of the Council is given. (b) Notice of contract exceeding £5,000 shall state the general nature of the intended contract and state the name and address of the person to whom tenders are to be addressed, and the last day by which tenders should reach that person. These tenders shall be opened in the presence of the Clerk and two Councillors. The Clerk shall record details of tenders received and opened in a book, and members asked to witness the opening of tenders shall sign the book as a correct record the same day. (c) If no tenders are received or if all are identical, the Town Council may make such arrangements as it thinks fit. Council reserves the right not to accept the lowest tender. NEW COUNCILLOR ELECTION AND CO-OPTION PROCEDURES: 59. The Council shall promote election for any vacancy through a public notice. In the event that a vacancy for the position of Councillor arises which is not filled by an election then the following procedures will apply to any co-option’. 60. A local council may co-opt on to their council any person provided that person is qualified to be a councillor pursuant to s. 79 Local Government Act 1972 (“the 1972 Act”) and is not disqualified pursuant to s.80 of the 1972 Act.4 61. A local council should assess if a proposed candidate has the skills expected and or has any additional expertise or areas of interest which will assist the council exercise their various functions.4 62. As is analogous with the recruitment processes for a prospective employee of the council, the council may therefore want to devise a person specification for issue to all the candidates who wish to be co-opted. 63. Only Town Councillors present at the meeting may nominate, second or vote upon a person to fill a Councillor vacancy. 64. At this meeting, members should be informed of the names and addresses of anyone wishing to be considered as a Councillor. 65. Councillors present at the meeting must then decide if they wish to nominate any of the persons named at the meeting or any other persons known to them. A Councillor does not have to nominate any of the persons named. Any Councillor may nominate someone for the vacancy, provided the nomination is seconded, that name may be voted upon. A Councillor may only nominate or second one candidate. 66. Voting for the new councillor is by show of hands. The chairman should place the names of those properly nominated into alphabetical order and take a vote. Councillors have only one vote each. The first candidate to receive an absolute majority of those present and voting is declared elected. Should no single candidate receive a majority on the first vote, the person with the lowest number of votes is eliminated, with voting takes place on the remainder with one vote per councillor. This continues until one person receives an absolute majority. 67. If there is more than one vacancy, a Councillor may nominate one person for each seat. Each Councillor has one vote per seat, i.e. two votes or three votes according to the number of vacancies. 68. The successful candidate is then declared co-opted to the Council and summoned to attend the next Council Meeting where he/she will sign the Declaration of Acceptance of Office and agree to be bound by the Code of Conduct. VARIATION, REVOCATION AND SUSPENSION OF STANDING ORDERS: 69. Any or every part of the Standing Orders except those printed in bold type may be suspended by resolution in relation to any specific item of business. 70. A motion to permanently vary or revoke a Standing Order shall, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council. STANDING ORDERS TO BE GIVEN TO MEMBERS: 71. 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. CODE OF CONDUCT FOR MEMBERS AND COMPLAINTS: All Members must abide by the requirements of the Local Authorities (Model Code of Conduct) 2007 adopted by this Council, including clause 12(2). All new Members are required to sign an agreement to this effect on taking office. Councillors are also requested to refer to the Fairford Town Council code of conduct. DISORDERLY CONDUCT: 72. (a) No member shall misconduct himself at a meeting by persistently disregarding the ruling of the Chairman, by wilfully obstructing business, or by behaving irregularly, offensively, improperly or in such a manner as to scandalise the Council or bring it into disrepute, contempt or ridicule. (b) If, in the opinion of the Chairman, a member has so misconducted himself, the Chairman shall express that opinion to the Council and thereafter any member may move that a member named shall no longer be heard or that the member named do leave the meeting. The motion, if seconded, shall be put forthwith and without discussion. (c) If either of the motions mentioned in paragraph (b) is disobeyed, the Chairman may suspend the meeting or take such further steps as may reasonably be necessary to enforce them. (d) If a member reasonably believes another member is in breach of the code of conduct, that member is able to report that breach to the Local Monitoring Officer for the Standards Board of England, contactable via Cotswold District Council INTERESTS If a member has a personal interest as defined by the Code of Conduct then he/she shall declare such interest as soon as it becomes apparent, disclosing the existence and nature of that interest as required. 73. 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. 74. The Clerk is required to compile and hold a register of councillor’s interests. 75. 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 to do so 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, Standing orders 50 and 52 shall apply. The Clerk shall make known the purport of this Standing Order to every candidate. UNAUTHORISED ACTIVITIES 76. No member of the Council or of any committee or sub-committee shall in the name of or on behalf of the Council: i. Inspect any lands or premises which the Council has a right or duty to inspect; or ii. Issue orders or instructions unless authorised to do so by the Council or the relevant committee or sub-committee. 77. When meeting local government officers, unless authorized and representing the Council, the member must make it clear that he/she is acting in a personal capacity.
CORRESPONDENCE 78. Any member of the Council writing a letter as a Councillor to any person or organisation is to copy the letter to the Council. Councillors writing on their own behalf should not sign the letter as a Councillor. COMPLAINTS 79. See Fairford Town Council Code of Conduct and Complaints Procedure. 1
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