Part 4 - Rules of Procedure
Contents
General Procedure
Rules.
Access
to Information Procedure Rules.
Financial Procedure Rules (Including Key
Decision Threshold for Individual Budget Heads).
Budget and Policy Framework Procedure
Rules.
Executive Procedure Rules.
Overview and Scrutiny Procedure Rules.
Contract Procedure Rules.
Officer Employment Procedure
Rules.
General Procedure Rules
1. Definition and Description
(a) In these Procedure Rules, unless the contrary intention
appears, the following expressions will mean:
- “The Act” means the Local Government Act
1972.
- “Clear Day(s)” excludes Saturdays and
Sundays, Bank and Statutory Holidays, the day on which notice is
given or the petition is presented and the day of the meeting.
- “Committee” means any group of Members set up
by the Council or the Executive.
- “Sub-Committee” means any group of Members
set up by the Council, the Executive or a Committee.
(b) Words importing the masculine gender
will include females.
2. Order of Seniority of Members
Members of the Council will rank in the following order of
Seniority at Civic functions.
- The Mayor
- The Deputy Mayor
- The Leader; and
- Councillors, according to their date of election (those elected
at the same time ranking according to alphabetical order.
If a person after ceasing to be a Member of the Council is
subsequently re‑elected within four years, his seniority will be
determined by the total length of his service as a Member of the
Council.
3. Records of Proceedings/Photographs
(a) No-one will take photographs of any proceedings of any
meetings of the Authority occurring after the public have been
excluded in accordance with the provisions of Section 100(A) of the
Act or use any means to enable persons not present to see or hear
any such proceedings (whether at the time or later), nor make any
oral report on such proceedings as they take place.
(b) No-one will film, photograph or
record any of the public proceedings of any meeting of the
Authority unless a request to do so has been received by the Proper
Officer who will determine the request in conjunction with the
Chairman of the meeting concerned.
Contents
- Annual Meeting Of The
Council
- Ordinary Meetings
- Extraordinary
Meetings
- Special Meetings
- Time and Place of
Meetings
- Notice of and Summons
to Meetings
- Chairing the Meeting
- Quorum and
Adjournments
-
Public Participation – Petitions, Questions and Speaking at
Meetings
- Questions by Members
- Motions on Notice
- Motions without
Notice
- Rules of Debate
- Previous Decisions
and Motions
- Voting
- Minutes
- Record of Attendance
- Exclusion of Public
- Members’ Conduct
- Disturbance by
Public
- Suspension
and Amendment of Council Procedure Rules
- Application
to Committees and Sub-Committees
1. Annual Meeting of the Council
1.1 Timing and Business
In a year when there is an ordinary election
of Councillors, the Annual Meeting will take place within 21 days
of the retirement of the outgoing Councillors. In any other
year, the Annual Meeting will take place in March, April or
May.
The Annual Meeting will:
(a) Elect a person to preside if the Mayor or Deputy Mayor is
not present;
(b) Elect the Mayor;
NB: 1. The outgoing Mayor continues in that post
until a successor is elected. If the Mayor is to continue
as
a Member of the Council following the Annual Meeting, s/he may vote
in the election for a successor
but if there is an equality of votes, must exercise a casting vote
to break a tie. If the Mayor is not to
continue as a Member of the Council after the Annual Meeting but is
present to preside over the
election of a successor, he cannot vote in the election, but if
there is an equality of votes, he must
give a casting vote to break the tie. (Section 4(5) of the
Local Government Act 1972).
2. If
the outgoing Mayor is not present at the Annual Meeting, the Deputy
Mayor will preside. The same
rules which apply to the Mayor, with regard to voting in the
election of the new Mayor, apply. If
neither Mayor or Deputy Mayor is present, the Council will elect a
Chairman to preside over the
meeting, whilst the new Mayor is elected. Such a Member may
exercise an initial and second or
casting vote.
3. A
candidate for election to the Office of Mayor cannot preside over
the election of the Mayor.
(c) Elect the Deputy Mayor;
(d) Approve and sign the minutes of the last meeting;
(e) Receive any announcements from the Mayor;
(f) Elect the Leader; (Note: in election years
only as Leader will normally serve a 4 year term. Minute No
324/12/10 refers).
(g) To note the number and names of those Members
appointed by the Leader to the Executive;
(h) To note the Member appointed by the Leader as Deputy
Leader;
(i) Appoint at least one Overview and Scrutiny Committee, a
Standards Committee and such other
committees as the Council
considers appropriate to deal with matters which are neither
reserved to the
Council nor are Executive
functions (as set out in Part 3, of this Constitution) and appoint
a Chairman and
Vice Chairman for each;
(j) Agree the scheme of delegation or such part of it as the
Constitution determines it is for the Council to
agree (as set out in Part 3 of
this Constitution);
(k) Approve a programme of ordinary meetings of the Council
for the year; and
(l) Consider any business set out in the notice convening the
meeting.
1.2 Selection of Councillors on
Committees and Outside Bodies
At the Annual Meeting, the Council meeting
will:
(a) Decide which Committees to establish for the municipal
year;
NB: Details of the Committees, Sub-Committees, Groups
and Forums to be constituted and the procedure for
recommending their composition
etc. are contained in Procedural Decisions relating to Committees
etc. as set
out in Appendix (iii) to these
Procedure Rules.
(b) Decide the size and terms of reference for those
Committees;
(c) Decide the allocation of seats and the scheme of
substitutes to political groups in accordance with the
political balance rules;
NB: The procedure to be followed by the Council,
Groups and individual Members is contained in the
Guidance Note relating to
Political Balance on Committees as set out in Appendix (ii) to
these Procedure
Rules.
(d) Receive the names of Councillors appointed to seats
available to Groups from Group Leaders in
accordance with the political
balance requirements and the names of Councillors to serve on
each
Committee and Outside Bodies;
and
NB: The Procedure to be followed by the Council and
Groups is contained in Procedural Decisions
Relating
to Committees etc. as set out
in Appendix (iii) to the Procedure Rules.
(e) Appoint Members to those Committees and Outside Bodies
except where appointment to those bodies
has been delegated by the
Council or is exercisable only by the Executive.
2. Ordinary Meetings
Ordinary meetings of the Council will take
place in accordance with a programme decided at the Council’s
Annual Meeting. Ordinary meetings will:
(a) Elect a person to preside if the Mayor and Deputy Mayor
are not present;
(b) To deal with any items required by statute to be done
before any other item.
(c) Consider whether any items should be dealt with in private
because of the likely disclosure of exempt
or confidential
information;
(d) Receive any declarations of interest from Members;
(e) Approve and sign the minutes of the last meeting;
(f) Receive any announcements from the Mayor, Leader or
Members of the Executive;
(g) Receive any petitions;
(h) Receive questions from, and provide answers to, the public
in relation to matters which in the opinion of
the person presiding at the
meeting are relevant to the business of the meeting;
(i) Deal with any business from the last Council meeting;
(j) Receive reports from the Executive and the Council’s
Committees and receive questions and answers on
any of those reports:
The
following will receive and respond to questions from Members of the
Council in order:
- The Leader;
- Executive Portfolio Holders;
- Chairmen of Overview and Scrutiny Committees;
and
- Chairmen of other Committees;
(k) Receive reports about and receive questions and answers on
the business of Joint Arrangements and
external organisations;
(l) Consider motions in the order in which notice has been
received;
(m) Consider any other business specified in the summons to
the meeting, including consideration of
proposals from the Executive
in relation to the Council’s Budget and Policy Framework and
reports of the
Overview and Scrutiny
Committees or Officers for debate.
3. Extraordinary Meetings
3.1 Calling Extraordinary Meetings
Those listed below may request the Proper
Officer to call Council meetings in addition to ordinary
meetings:
(a) The Council by resolution;
(b) The Mayor
(c) The Monitoring Officer; and
(d) Any five Members of the Council if they have signed a
requisition presented to the Mayor and s/he has
refused to call a meeting or
has failed to call a meeting within seven days of the presentation
of the
requisition. The purpose
of the request to be specified.
3.2 Business
No business other than that specified in the
summons to the meeting may be considered. It is not a
requirement that the Minutes of the previous meeting are approved
at such a meeting. There may be a presentation of petitions
and/or a question and answer session but all petitions or questions
must relate to the matter or matters to be discussed at the
meeting.
3.3 Procedural Decisions Not
Contained Within These Council Procedure Rules
The decisions and/or procedures set out in
Appendices (i), (ii), (iii) and (iv) to these procedure rules being
decisions taken by or on behalf of the Council will be followed as
if they were included within the Council’s Procedural Rules.
4. Special Meetings
4.1 Purpose
The Council may promote a local or personal
Bill in Parliament or may oppose any local or personal Bill.
4.2 Procedure
The resolution of the Council to promote or
oppose a Bill shall be:
(a) passed by a majority of the whole number of the Members of
the authority at the meeting convened to
consider it.
(b)
in the case of the promotion of a Bill, the proposal has to be
confirmed (by a like majority) at a
further meeting convened to
consider it, as soon as may be after the expiration of 14 days
after the Bill has
been deposited in
Parliament. If the resolution is not confirmed, all
reasonable steps shall be taken to
withdraw the Bill.
4.3 Timings
(a) In the case of the promotion of a Bill (initial and Second
Readings) the period of notice is 30 clear days.
(b) In the case of the opposition of a Bill the period of
notice is ten clear days.
4.4 Publicity
Notice of the meeting and of its purpose has
to be given by advertisement in one or more local newspapers
circulating in the Borough. This notice is additional to the
ordinary notice of a meeting.
5. Time and Place of Meetings
The time and place of meetings will be
determined by the Proper Officer and notified in the summons.
6. Notice of and Summons to Meetings
The Proper Officer will give notice to the
public of the time and place of any meeting in accordance with the
Access to Information Rules. The Proper Officer will send by
post a summons signed by him to every Member of the Council or
leave it at their usual place of residence giving the period of
notice listed below for the various types of Council meeting. The
summons will give the date, time and place of each meeting and
specify the business to be transacted, and will be accompanied by
such reports as are available.
Annual
Meeting
- Five
clear days
Ordinary
Meeting -
Five clear days
Extraordinary Meeting
- Five
clear days
Special
Meeting
- (see
4.3 and 4.4 above)
7. Chairing the Meeting
(a) The Mayor, or in his absence the Deputy Mayor, will
preside at meetings of the Council.
(b) If both the Mayor and Deputy Mayor are absent the Members
at the meeting will choose a Member to
preside.
(c) Any power or duty of the Mayor to conduct a meeting may be
exercised by the Member presiding at the
meeting.
(d) If the Mayor or Deputy Mayor arrive after the start of the
meeting, the Member then presiding will vacate
the Chair and the Mayor and or
Deputy Mayor will take the Chair.
8. Quorum and Adjournment
8.1 The quorum of a meeting will be one
quarter of the whole number of Members. During any meeting if
the Mayor counts the number of Members present and declares there
is not a quorum present, then the meeting will adjourn immediately.
Remaining business will be considered at a time and date fixed by
the majority of the Members present and voting at the
meeting. If there is no agreement the Proper Officer in
consultation with the Mayor and Leader will set a time and
date. If he does not fix a date, the remaining business will
be considered at the next ordinary meeting. If time permits
the Proper Officer shall arrange for the delivery by post of
details of the adjourned meeting. Such notice shall be sent
to each Member of the Council specifying the business to be
transacted. The absence or non-delivery of a notice shall
not, however, invalidate business transacted properly at an
adjourned meeting.
8.2 If more than one third of the Members
become disqualified at the same time, then until the number of
Members is increased to not less than two thirds, the quorum is to
be determined by reference to the number of Members remaining
qualified.
8.3 The Council may adjourn any meeting
to another day and hour and the adjourned meeting shall be deemed a
continuation of the original meeting in respect of which the above
rules shall be applied.
NOTE: For details as
this relates to the Standards Sub-Committee please refer to Part 3,
Appendix 4 – Procedure for Local Determinations 7(b) (page 165 refers).
9. Public Participation - Petitions, Questions and Speaking At
Meetings
9.1 Petitions
Subject to compliance with the Scheme of
Public Participation as set out in Appendix (ii) to the Access to
Information Procedure Rules:
Petitions may be presented in person at
meetings of the Council and at relevant Committees and
Sub-Committees or at meetings of the Executive or a Committee of
the Executive.
Upon receipt, the Chairman of the meeting, if
a Council meeting, will advise whether the petition is to be
referred to the Executive or a Committee of the Executive or to a
Committee, Sub-Committee or Officer of the Council for
consideration and, if a Committee or Sub-Committee to which Officer
the petition will be passed.
In any circumstance referred to above, the
Chairman of the meeting may advise that a written response will be
sent.
If the issue, the subject of the petition can
be dealt with at that meeting ie because it is an item already
included upon the agenda for the meeting, the issues raised will,
in so far as is possible, be dealt with at that meeting.
NB: 1. Petitions at Council
meetings must be relevant to the powers and duties of the
Council. The subject
matter of petitions to the
Executive or a Committee of the Executive or to Committees or
Sub-Committees of
the Council must be upon
issues within the terms of reference of the Executive, or Committee
of the
Executive or Committee or
Sub-Committee of the Council to which the petition is
presented.
2. The subject matter of petitions and any response given at
that time shall not be a matter for debate unless
the petition relates to an
item included upon the agenda for the meeting in which case the
debate arising
from the petition will take
place during consideration of the item.
3. The Scheme of
Public Participation does not apply to meetings of the Overview and
Scrutiny Committee or
its Sub-Committees as this
Committee and Sub-Committees have their own arrangements for
consulting with
the public as detailed in the
Overview and Scrutiny Procedure Rules.
9.2 Questions
The Mayor may receive questions relevant to an
item included upon the agenda for the meeting.
The question must be directed to either:-
- The Leader;
- Executive Portfolio Holders;
- Chairman of an Overview and Scrutiny
Committee; or
- Chairmen of Other Committees.
If the Mayor rules that a question is proper
ie that it refers to a matter of general concern relating to
the powers and duties of the Council and relates to an item upon
the agenda for the meeting and does not relate to affairs of an
individual named or not, the Mayor will request the person to whom
the question is directed to respond.
NB: The subject matter
of questions and responses given shall not be matters for debate
unless the question and response relate to an item included upon
the agenda for the meeting in which case the debate arising from
the question and response will take place during consideration of
the item.
9.3 Speaking at
Meetings
The Chairman may permit Members of the public
to speak at meetings on items included upon the Agenda for that
meeting.
The rules and procedure for speaking at
meetings of the Planning Committee, are contained within the Scheme
of Public Participation as set out in Appendix (ii) to the Access
to Information Procedural Rules.
10. Questions by Members
(a) A Member may ask the Leader, Member(s) of the Executive or
the Chairman of any Committee, or
Sub-Committee any question
on:
(i) Any
matter then under consideration by the Council (without written
notice);
(ii) The
Council’s powers or duties or any matter which affects the Borough,
if notice of the question in
writing
has been given to the Proper Officer by 10.00 am one clear day
prior to the date of the Council
Meeting
(excluding the Annual Meeting at which such questions are not
permitted in any event) for example, on
Tuesday for a Thursday meeting).
If
the matter relates to an Executive function, the Proper Officer
will convey the question to the
Executive
Leader and/or the relevant Member of the Executive.
If
the matter relates to a Council Committee function, the Proper
Officer will convey the question to the
Chairman
of that Committee.
If
the matter relates to an Overview and Scrutiny Committee function
the Proper Officer will convey the
question
to the Chairman of the Overview and Scrutiny Committee; or
(iii) Urgent
business (the Mayor to decide if the matter is of sufficient
urgency to be raised).
(b) Questions will not contain imputations of motives or
reflections of a personal character on any member
of the Council’s staff.
(c) Every question will be put and answered without
discussion.
(d) An answer may take the form of:
(i) A
direct oral answer; or
(ii) Where
the desired information is contained in a publication of the
Council, a reference to that
publication;
or
(iii) Where
the reply to the question cannot conveniently be given orally, a
written answer to the Member
who
asked the question and those Members who wish to receive a
copy.
(e) The Member who raised the original question may ask one
supplementary question on the subject of the
original question.
(f) One other Member may ask a supplementary question subject
to the same rules.
(g) The form and content of reply to an original or a
supplementary question will be at the discretion of the
Member giving the reply,
unless in respect of an original question a written request has
been received
specifying a specific form of
reply or replies. The Member to whom the question is
addressed may decline
to give a full, or any reply,
if in the opinion of that Member to do so would involve an
unreasonable amount of
Officer time and cost.
11. Motions on Notice
11.1 Notice
Except for motions which can be moved without
notice under Rule 12, written notice of every motion, signed by the
Member(s) giving the notice, must be delivered to the Proper
Officer not later than noon on the Friday preceding the meeting
(when the meeting is to be held on a Thursday), or similar period
when the meeting is to be held on any other weekday (Saturday and
Sunday inclusive). These will be entered in a book open to
public inspection.
11.2 Motion Set Out in
Agenda
Motions for which notice has been given will
be listed on the agenda in the order in which notice was received,
unless the Member(s) giving notice state(s), in writing, that
s/he/they propose to move it at a later meeting or withdraw it.
11.3 Scope
Motions must be about matters for which the
Council has a responsibility or which affect the Borough.
12. Motions without Notice
The following motions may be moved without
notice:
(a) to appoint a Chairman of the meeting at which the motion
is moved;
(b) in relation to the accuracy of the minutes;
(c) to change the order of business in the agenda;
(d) to refer something to an appropriate body or
individual;
(e) to appoint a Committee or Member arising from an item on
the Summons for the Meeting;
(f) to receive reports or adoption of recommendations of
Committees or Officers and any resolutions
following from them;
(g) to withdraw a motion;
(h) to amend a motion;
(i) to proceed to the next business;
ProcedureRule
(k) to
adjourn a debate;
(l) to adjourn a meeting;
(m) to suspend a particular Council Procedure rule;
(n) to exclude the public and Press in accordance with the
Access to Information Rules;
(o) to not hear further a Member named under Rule 19.3 or to
exclude them from the meeting under Rule 19.4;
(p) to give the consent of the Council where its consent is
required by this Constitution;
(q) to extend the time limit for speeches;
(r) that the meeting become a Committee of the Council;
(s) that the meeting of the Council be resumed;
(t) to determine the time and date of an adjourned
meeting;
(u) to put the motion in parts to the vote.
13. Rules of Debate
13.1 No speeches until motion seconded
No speeches may be made after the mover has
moved a proposal and explained the purpose of it until the motion
has been seconded.
13.2 Right to Require Motion in
Writing
Unless notice of the motion has already been
given, the Mayor may require it to be written down and handed to
the Proper Officer before it is discussed.
13.3 Seconder’s
Speech
When seconding a motion or amendment, a Member
may reserve their speech until later in the debate.
13.4 Content and Length of
Speeches
Speeches must be directed to the question
under discussion or to a personal explanation or point of order. No
speech may exceed five minutes without the consent of the
Mayor.
13.5 When a Member May Speak
Again
A Member who has spoken on a motion may not
speak again whilst it is the subject of debate, except:
(a) to speak once on an amendment moved by another Member;
(b) to move a further amendment if a previous amendment is not
carried or the motion has been amended
since s/he last spoke (see
13.6 (d) and (e) below);
(c) if the Members first speech was on an amendment moved by
another Member, to speak on the main
issue (whether or not the
amendment on which s/he spoke was carried) (see 13.10 below);
(d) in exercise of a right of reply (see 13.9 below);
(e) on a point of order (see 13.13 below); and
(f) by way of personal explanation (see 13.14 below).
13.6 Amendments to
Motion
(a) An amendment to a motion must be relevant to the motion
and will either be:
(i) to
refer the matter to an appropriate body or individual for
consideration or reconsideration;
(ii) to
leave out words;
(iii) to
leave out words and insert or add others; or
(iv) to
insert or add words.
as
long as the effect of (ii) to (iv) is not to negate the motion.
(b) Only one amendment may be moved and discussed at any one
time. No further amendment may be
moved until the amendment
under discussion has been disposed of. A Member may, however,
give notice
of a further amendment (see,
however, 13.6(c) below).
(c) The Chairman may permit two or more amendments to be
discussed together if this is likely to help the
proper conduct of the business
BUT each amendment must be voted on separately.
(d) If an amendment is not carried, other amendments to the
original motion may be moved.
(e) If an amendment is carried, the motion as amended takes
the place of the original motion. This becomes
the substantive motion to
which any further amendments are moved.
(f) After an amendment has been carried, the chairman will
read out the amended motion before accepting
any further amendments, or if
there are none, put it to the vote.
13.7 Alteration of
Motion
(a) A Member may when moving a motion of which s/he has given
notice alter it with the consent of the
meeting and the other
signatories. The meeting’s consent will be signified without
discussion.
(b) A Member may alter a motion which
s/he has moved without notice with the
consent of both the meeting
and the seconder. The
meeting’s consent will be signified without discussion.
(c) Only alterations which could be made as an amendment may
be made.
13.8 Withdrawal of
Motion
A Member may withdraw a motion which s/he has
moved with the consent of both the meeting and the seconder. The
meeting’s consent will be signified without discussion. No Member
may speak on the motion after the mover has asked permission to
withdraw it unless permission is refused.
13.9 Right of Reply –
Proposer of Motion Only
The mover of a motion has a right to reply at
the end of the debate on the motion, immediately before it is put
to the vote.
13.10 Right of Reply – Upon
Amendment to Motion
At the end of a debate on an amendment to a
motion the order in which Members may speak is as follows:
(a) the mover of the amendment may respond to comments made
during the debate;
(b) the Chairman of the relevant Committee or Leader or
appropriate Executive Member, if that Member has
not already spoken in the
debate otherwise than in accordance with Rule 13(12) and
13(13);
(c) the mover of the original motion who shall not otherwise
speak on the amendment.
NB Other than as provided for at (i) above the mover
of an amendment has no right of reply.
13.11 Motions Which May be Moved
During Debate
When a motion is under debate, no other motion
may be moved except the following procedural motions:
(a) to withdraw a motion;
(b) to amend a motion;
(c) to proceed to the next business;
(d) that the question be now put;
(e) to adjourn a debate;
(f) to adjourn a meeting;
(g) that the meeting become a Committee of the Council;
(h) that the meeting of the Council be resumed;
(i) to exclude the public and Press in accordance with the
Access to Information Rules; and
(j) to not hear further a Member named under Rule 19.3 or to
exclude them from the meeting under Rule 19.4.
13.12 Closure
Motions
(a) A Member may move, without comment, the following motions
at the end of a speech of another Member:
(i) to
proceed to the next business;
(ii) that
the question be now put;
(iii) to
adjourn a debate; or
(iv) to
adjourn a meeting.
(b) If a motion "to proceed to the next business" is seconded
and the Mayor thinks the item has been
sufficiently discussed, s/he
will give the mover of the original motion a right of reply and
then put the
procedural motion to the
vote.
(c) If a motion that "the question be now put" is seconded and
the Mayor thinks the item has been
sufficiently discussed, he
will put the procedural motion to the vote. If it is passed he will
give the mover of
the original motion a right of
reply before putting the motion to the vote.
(d) If a motion "to adjourn the debate" or "to adjourn the
meeting" is seconded and the Mayor thinks the item
has not been sufficiently
discussed and cannot reasonably be so discussed on that occasion,
he will put
the procedural motion to the
vote without giving the mover of the original motion the right of
reply.
13.13 Point of Order
A Member may raise a point of order at any
time. The Mayor will hear them immediately. A point of order may
only relate to an alleged breach of these Procedure Rules or the
law. The Member must indicate the rule or law and the way in which
he considers it has been broken. The ruling of the Mayor on the
matter will be final.
13.14 Personal
Explanation
A Member may make a personal explanation at
any time. A personal explanation may only relate to some material
part of an earlier speech by the Member (whether or not made at the
meeting) which may appear to have been misunderstood in the present
debate. The ruling of the Mayor on the admissibility of a personal
explanation will be final.
13.15 Motions on
Expenditure
Any motion, other than a motion to approve the
recommendation of the Executive, which if carried would materially
increase the expenditure upon any service under the management of
the Executive, or materially reduce the revenue of the Executive,
or would involve capital expenditure, shall, when proposed and
seconded, stand adjourned without discussion to the next meeting of
the Executive, which shall consider it at its next meeting.
NB: This Procedure Rule
does not apply to the meeting covered to consider the Council Tax
for the next year.
13.16 Motions Affecting Persons
Employed by the Council
(a) If any question arises on the Appointment, Promotion,
Dismissal, Salary, Superannuation, Conditions of
Service or conduct of any
Council employee, the question must be referred forthwith to the
Head of Paid
Service. Procedure Rules
relating to staff refer. (Part 4 Rules of Procedure – General
Procedure Rules –
Procedural Decisions not
contained within the General Procedure Rules).
NB: The above does not apply so as to prevent
consideration of a report from the Head of Paid
Service,
Director or Service Manager
concerning the Appointment, Promotion, Dismissal, Salary,
Superannuation,
Conditions of Service or
Conduct of any Council employee.
(b) Disciplinary action against the Head of the Authority’s
Paid Service, Chief Finance Office (Section 151
Officer) and Monitoring
Officer is prescribed by the Local Authorities (Standing Orders)
(England)
Regulations 2001. (Part
4 Rules of Procedure – General Procedure Rules – Procedural
Decisions not
contained within the General
Procedure Rules.)
14. Previous Decisions and Motions
14.1 Motion to Rescind a Previous
Decision
A motion or amendment to rescind a decision
made at a meeting of the Council within the past six months cannot
be moved unless the notice of motion is signed by at least 17
Members.
14.2 Motion Similar to One
Previously Rejected
A motion or amendment in similar terms to one
that has been rejected at a meeting of the Council in the past six
months cannot be moved unless the notice of motion or amendment is
signed by at least 17 Members. Once the motion or amendment is
dealt with, no one can propose a similar motion or amendment for
six months.
NB: These Procedure Rules
shall not apply to motions moved upon a recommendation of the
Executive or Overview and Scrutiny Committee or of a Committee of
the Council.
15. Voting
15.1 Majority
Unless this Constitution provides otherwise,
any matter will be decided by a simple majority of those Members
present and voting in the room at the time the question is put.
15.2 Mayor’s Casting
Vote
If there are equal numbers of votes for and
against, the Mayor will have a second or casting vote, regardless
of whether he has used his first vote. There will be no
restriction on how the Mayor chooses to exercise a casting
vote.
NB: See, however, the
note to General Procedure Rule 1.1 (b).
15.3 Method of
Voting
Voting at Council Meetings shall normally be
undertaken by the electronic voting system, or by a show of
hands.
15.4 Recorded Vote
(a) If a Member so requests before the Chairman begins to take
the vote, and the request is supported by
six other Members ie a total
of seven (who show their support by standing) s/he may request a
recorded
vote.
(b) In the event of the electronic voting system being out of
service then:
(i) the
Proper Officer will call the name of each Member;
(ii) the
Member will respond, for or against the motion or amendment or by
abstaining and
(iii) the
Proper Officer will record each Members response.
17.5 Right to Require Individual
Vote to be Recorded
Where any Member requests immediately after
the vote is taken, their vote will be recorded in the minutes to
show whether they voted for or against the motion or abstained from
voting.
NB: This is a mandatory
standing order under the Local Authorities (Standing Orders)
Regulations 1993.
15.6 Voting on
Appointments
If there are more than two people nominated
for any position to be filled and there is not a clear majority of
votes in favour of one person, then the name of the person with the
least number of votes will be taken off the list and a new vote
taken. The process will continue until there is a majority of votes
for one person.
16. Minutes
16.1 Signing the Minutes
The Mayor will sign the minutes of the
proceedings at the next suitable meeting. The Mayor will move that
the minutes of the previous meeting be signed as a correct record.
The only aspect of the minutes that can be discussed is their
accuracy.
16.2 No Requirement to Sign
Minutes of Previous Meeting at Extraordinary Meeting
Where in relation to any meeting, the next
meeting for the purpose of signing the minutes is a meeting called
under paragraph 3 of schedule 12 to the Local Government Act 1972
(an Extraordinary Meeting), then the next following meeting (being
a meeting called otherwise than under that paragraph) will be
treated as a suitable meeting for the purposes of paragraph 41(1)
and (2) of schedule 12 relating to signing of minutes.
NB: This is a mandatory
standing order under the Local Authorities (Standing Orders)
Regulations 1993.
16.3 Form of Minutes
Minutes will contain all motions and
amendments in the exact form and in the order in which the Mayor
put them.
17. Record of Attendance
All Members present during the whole or part of a meeting must
sign their names on the attendance sheets before the conclusion of
every meeting to assist with the record of attendance.
18. Exclusion of Public
Members of the public and Press may only be excluded either in
accordance with the Access to Information Rules in Part 4 of this
Constitution or Procedure Rule 21 (Disturbance by Public).
19. Members Conduct
19.1 Standing to speak
When a Member speaks at Full Council s/he must
stand and address the meeting through the Mayor. If more than
one Member stands, the Mayor will ask one to speak and the others
must sit. Other Members must remain seated whilst a Member is
speaking unless they wish to make a Point of Order or a point of
Personal Explanation (see 13.13 and 13.14 respectively above).
19.2 Mayor Standing
When the Mayor stands during a debate, any
Member speaking at the time must stop and sit down. The meeting
must be silent.
19.3 Member Not to be Heard
Further
If a Member persistently disregards the ruling
of the Mayor by behaving improperly or offensively or deliberately
obstructs business, any Member may move that the Member be not
heard further. If seconded, the motion will be voted on without
discussion.
19.4 Member to Leave the
Meeting
If a Member continues to behave improperly
after a motion that s/he ‘Not be Heard Further’ (see 19.3 above) is
carried, the Mayor may move that either the Member leaves the
meeting or that the meeting is adjourned for a specified period. If
seconded, the motion will be voted on without discussion.
19.5 General
Disturbance
If there is a general disturbance making
orderly business impossible, the Mayor may adjourn the meeting for
as long as s/he thinks necessary.
20. Disturbance by Public
20.1 Removal of the Public
If a member of the Public interrupts
proceedings, the Mayor will warn the person concerned. If that
person continues to interrupt, the Mayor will order their removal
from the meeting room.
20.2 Clearance of Part of Meeting
Room
If there is a general disturbance in any part
of the meeting room open to the public, the Mayor may call for that
part to be cleared.
21. Suspensions and Amendment of Council Procedure Rules
21.1 Suspension
All of these Council Rules of Procedure except
Rule 15.5 and 16.2 may be suspended by motion on notice or without
notice if at least one half of the whole number of Members of the
Council are present. Suspension can only be for the duration of the
meeting.
21.2 Amendment
Any motion to add to, vary or revoke these
General Procedure Rules will, when proposed and seconded, stand
adjourned without discussion to the next ordinary meeting of the
Council unless already on the agenda.
22. Application To Committees And Sub-Committees
All the General Procedure Rules apply to meetings of Full
Council. None of the rules apply to meetings of the
Executive. Only Rules 6, 7, 8, 9, 12 (a to d) and (f to
p), 13.1 to 13.4, 13.6 to 13.8, 13.11, 13.14 and 13.16, 14, 15.1,
15.2, 15.5 and 15.7, 16.1, 16.2, 17, 18, 19.3 to 19.5, and 20 apply
to meetings of Committees and Sub-Committees, and in this case
references to the Mayor should be interpreted as
‘Chairman’.
Next - Appendix 1 - Procedural Decisions Not
Contained Within The General Procedural Rules.
This webpage was updated on
5/9/2011