East Stockwith Standing Orders
Standing Orders for East Stockwith Parish Council
STANDING ORDERS
1.Meetings
Meetings of the Council shall be held in January, March, May, July, September and November, each year in East Stockwith or some other place as the Council may direct.
2.The Statutory Annual Meeting
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
In a year which is not an election year the Annual Parish Council Meeting shall be held on the in May.
3. 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.
4. Proper Officer
Where a statute, regulation or order confers function or duties on the proper officer of the Council in the following cases, they shall be the clerk or nominated officer:-
To receive declarations of acceptance of office
To receive and record notices disclosing interests at meetings
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 another local authority
To certify copies of bylaws made by the Council
To sign and issue the summons to attend meetings of the Council
To keep proper records for all Council meetings
5. 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.
6. 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.
7. Apologies
The Clerk shall keep a Record of Attendance. All apologies for absence must be accepted by the Council.
8. Voting
Members shall vote by show of hands or, if at least two members so request, by signed ballot.
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.
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 election for Chairman.
9.Order of Business
At each Annual Parish Council Meeting the first business shall be:-
- To elect a Chairman of the Council
- 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 which have not been received as provided by law shall be received.
- To elect a Vice-Chairman of the Council if required
- To appoint representatives to outside bodies
- To appoint committees and sub-committees
- To consider the payment of any subscriptions falling to be paid annually
- To inspect any deeds and trust investments in the custody of the Council as require
10 At every meeting other than the Annual Parish Council Meeting the first business shall be to appoint a Chairman if the 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
11 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 19 must be read in conjunction with this requirement.
12 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.
13 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.
14 Resolutions Moved On Notice
a) 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 7 clear days before the next meeting of the Council.
b) Every resolution or recommendation shall be relevant to some subject over which the Council has power or duties, which affects its area.
15 Questions
a) 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.
b) Every question shall be put and answered without discussion.
c) A person to whom a question has been put may decline to answer.
16 Rules of Debate
a) No discussion of the Minutes shall take place except upon their accuracy. Corrections to the Minutes shall be made by resolution and must be recorded.
b) An amendment shall be either:-
To leave out words
To leave out words and insert others
To insert or add words
17 Resolutions
When a resolution is under debate no other resolution shall be moved except the following:-
- To amend the resolution
- To proceed to the next business
- To adjourn the debate
- That the question be now put
- That a member named be not further heard
- That a member named leave the meeting
- That the resolution be referred to a committee
- To exclude the public and press
- To adjourn the meeting
- A member shall remain seated when speaking unless requested to stand by the Chairman
- The ruling of the Chairman on a point of order shall not be discussed
- Members shall address the Chairman. If two or more members wish to speak, the Chairman shall decide who to call upon.
- Whenever the Chairman speaks during a debate all other members shall be silent.
18 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.
19 Discussions and Resolutions Affecting Employees 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 has decided whether or not the press and public shall be excluded.
20 Resolutions on Expenditure
Any resolution moved, 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 shall, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council and any member shall consider whether to report thereon.
21 Expenditure
Orders for the payment of money shall be authorised by resolution of the Council and signed by two members,.
22 Accounts and Financial Statement
1) 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 appropriate officer with approval for payment of the Chairman of the Council.
3) A Financial Statement prepared on the appropriate accounting basis (receipts and payment, or income and expenditure) for a year to 31 March shall be present 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 presented to Council for formal approval before the end of the following month of September.
4) The Council shall approve written estimates for the coming financial year at its meeting before the end of the month of December.
23 Financial Matters
The Council shall consider and approve Financial Regulations drawn up by the Responsible Financial Officer.
1) Such Regulations shall include:
The accounting records and systems of internal control;
The assessment and management of risks faced by the Council;
The appointment of the Internal Auditor
Financial reporting requirements of members and local electors
The setting, awarding and registering of tenders
Financial Policy
24 Special Meeting
The Chairman of the Council may summon an additional meeting at any time. An additional meeting shall also be summoned on the requisition in writing of not less than two members. The summons shall set out the business to be considered at the special meeting and no other business shall be transacted at that meeting.
25 Planning Applications
The Clerk shall keep a yearly register of all applications notified to the Council
The Clerk shall refer every planning application received to the Chairman or, in the Chairman’s absence, to the whole council within 48 hours of receipt
Due notice to be given to the Planning Policy
ission of The Public and Press to Meetings
The public and press shall be admitted to all meetings of the Council which may, however, temporarily exclude the public 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”
- The Council shall state the special reason for exclusion.
- The Chairman may adjourn the meeting so as to allow any member of the public to address the meeting in relation to the business at that meeting.
- If a member of the public interrupts the proceedings at any meeting, the Chairman may, after warning, order that they be removed from the meeting and may adjourn the meeting for such period as is necessary to restore order.
27 Confidential Business
- No member of the Council shall disclose to any person not a member of the Council any business declared to be confidential by the Council.
28 Adjournment Period
The Council shall designate an adjournment period at every meeting to enable matters raised by parishioners to be discussed.
29 Liaison with County and District Councillors
County and District Councillors should be notified of the set meeting dates as soon as possible after the month of May.
30 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 Monitoring Officer for consideration.
31 Disorderly Conduct
All members must observe the Code of Conduct
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 Counci into disrepute.
If, in the opinion of the Chairman, a member has broken the provisions of paragraph (b) of this Order, the Chairman shall express that opinion to the Council and thereafter any member may move that the member named be no longer heard or that the member named do leave the meeting, and the motion, if seconded, shall be put forthwith and without discussion. If a member reasonably believes another member is in breach of the Code of Conduct, that member is under a duty to report the breach to Standards Board (England).
If either of the motions mentioned in paragraph b) is disobeyed, the Chairman may adjourn the meeting or take such further steps as may reasonably be necessary to enforce them.
32 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 resolution in relation to any specific item of business.
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.
These Standing Orders were drawn up with due regard to directives from NALC and after proper consultation with members of East Stockwith Parish Council.