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  Constitution

Civic Protocol

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Contents

 

A.  Selection of Mayor and Deputy Mayor and Terms of Office

The selection of Mayor and Deputy Mayor will not be confined to any one party.  He/she will be chosen on merit.  Where the political balance of the Council, however, might depend on the Mayor's casting vote it is not unreasonable to expect this factor to play a part in the selection procedure.

 

The term of office of Mayor and Deputy Mayor will normally be for one year.  Although not compulsory for Members to serve a full term as a Councillor before becoming eligible for nomination as Mayor or Deputy Mayor, it is desirable that they do.

 

The Deputy Mayor will normally succeed the Mayor (subject to review in an election year).

 

There is a presumption against Members serving a second term as Mayor and Deputy Mayor, if other willing candidates exist, but this is ultimately a matter for decision of the Council.  There is also a presumption that Opposition Groups will have an opportunity to nominate candidates.

 


B.           Procedure for Selection

The procedure for the selection of the Mayor and Deputy Mayor will be as follows:-

 

(a)  Early in the calendar year, nominations for Mayor and Deputy Mayor should be discussed by Group Leaders prior to discussion within the Groups themselves.  Group Leaders will then meet informally to discuss the nominations for Mayor and Deputy Mayor for the ensuing year, and normally their recommendations will be reported to the Selection and Constitutional Review Committee immediately preceding the Annual Meeting of the Council.  The name of the Mayor and Deputy Mayor elect may then be made public.  This process does not preclude nominations of any other Councillor for Mayor or Deputy Mayor being made at the Annual Meeting, but the expectation is that this should be avoided wherever possible.

 

(b)  Group Leaders will also make recommendations to the Selection and Constitutional Review Committee held immediately preceding the Annual meeting of the Council as to which Members are to propose and second nominations for the offices of Mayor and Deputy Mayor.

 

(c)  In an election year, however, the above procedure may need to be revised to include a further meeting of Group Leaders in the week following election week, in the event of the nominated candidates for Mayor and Deputy Mayor not having been re-elected.

 

Note: Amended by virtue of Minute No. 220/9/09 and Minute No. 293/12/10.


C. Responsibilities of the Mayor

The Mayor must be non-partisan in all that s/he does.  The main duties of the Mayor are set out below however a detailed guidance note is issued to the Mayor and Deputy Mayor following the Annual Meeting of the Council.  (Minute No 556/4/03 refers).  A copy is available from the Member Services and Scrutiny Manager.

 

Council Duties

  • To represent and promote the Council as a whole in all Civic and Ceremonial matters.
  • To preside over and Chair meetings of the Full Council.
  • The Mayor should encourage fair debate but s/he has the casting vote.
  • To uphold and promote the purposes of the Constitution and to interpret when necessary.
  • To publicise events of the Council and encourage involvement in the Council’s activities.
  • To promote the work of the Council.
  • To determine, in the absence of a relevant Overview and Scrutiny Committee Chairman whether an urgent decision which is contrary to the policy framework may reasonably be regarded as urgent in the circumstances.  If the Mayor does not agree, then the matter must be referred to the Full Council for decision.

 

Public Duties

  • To be the First Citizen of the Borough and the focus of local democracy: to be visible, to listen to and engage with the community.
  • To represent the people of Ashford Borough, both within the Borough area and externally.
  • To support voluntary organisations.

 

Borough Duties

  • To represent the Borough.
  • To promote the Borough as a place to live: through appropriate external contacts.
  • To promote the Borough as a place to visit: through external contacts, and tourism events.
  • To promote business in/into the Borough: both in terms of existing businesses and potential inward investors.  (The Mayor should be briefed by the Economic Development team and other appropriate Officers on a regular basis and, in turn, feed back to appropriate Officers on contacts, issues, etc).
  • To be involved in events marking the achievement of major milestones in Ashford’s growth (Minute No. 293/12/10 refers).

 


D. Annual Meeting of the Council

The following represents the procedure and order of business for the Annual Meeting.

 

(a) Election of Mayor

 

     (i)      Retiring Mayor enters wearing robes and Chain and takes the Chair.

     (ii)     Prayer.

     (iii)    Retiring Mayor calls for nominations.

     (iv)   Nomination moved by Councillor ......................

     (v)    Nomination seconded by Councillor .......................

     (vi)   Retiring Mayor declares result of election (where one nomination only it must be put to the vote).

     (vii)  Chief Executive then reads out Declaration of Acceptance of Office and the new Mayor signs Declaration  
             after signifying acceptance.

     (viii) The Robing Party then retires from the Council Chamber in the following order:-

 

             Mace Bearer

             Retiring Mayor

             Chief Executive

             New Mayor

             Chaplain (Retiring Mayor's Chaplain)

 

NOTE:  *  It is essential that the retiring Mayoress and the new Mayoress are present in the Council Chamber from the commencement of the Annual Meeting, and in order that the new Mayoress may receive her Chain of Office, both the retiring Mayoress and the new Mayoress should leave the Council Chamber, together with the new Mayor’s Chaplain at the rear of the Robing Party.  On return, in advance of the newly elected Mayor, they should be escorted along with the retiring Mayor, into the Council Chamber and take their respective seats.

 

              Where appropriate for “Mayoress” please read “Mayor's Escort/Consort”.

 

     (ix)   The Robing Party then return to the Council Chamber in the following order:-

 

             Mace Bearer

             Mayor

             Chief Executive

             Chaplain (new Mayor's Chaplain)

 

     (x)    Prayer.

 

(b) Appointment of Mayor’s Chaplain

 

(c) Vote of thanks by the Mayor for his/her election

 

(d) Votes of Thanks to the Retiring Mayor and Mayoress

 

     (i)      Moved by Councillor ...................

     (ii)     Seconded by Councillor .....................

     (iii)     Presentation of badges by the new Mayor to the retiring Mayor and Mayoress.

     (iv)    Presentation of floral gift by the new Mayoress to the retiring Mayoress.

     (v)     Retiring Mayor's Response (to include Vote of Thanks to Chaplain - where applicable).

     (vi)    Presentation of floral gift by retiring Mayoress to new Mayoress.

 

(e) Election and Appointment of the Deputy Mayor

 

     (i)      Mayor calls for nominations.

     (ii)      Nomination moved by Councillor ....................

     (iii)     Nomination seconded by Councillor .......................

     (iv)    Mayor declares result of election (which must be put to the vote even if only one nomination).

     (v)     Chief Executive then reads out Declaration of Acceptance of Office and the Deputy Mayor signs Declaration
               after signifying acceptance.

     (vi)     Deputy Mayor invested with his/her Chain of Office by the Mayor.

     (vii)     Deputy Mayoress invested with her Chain of Office and presented with a floral gift by the Mayoress.

 

(f) Minutes

 

(g) Apologies

 

(h) Election of the Leader of the Council (Note: in election years only as Leader will normally serve a four year term. 
      Minute No. 324/12/10 refers).

 

      Moved by Councillor...............    ) no formal arrangement for

      Seconded by Councillor .........   ) selecting mover or seconder

 

(i) To note the number and names of those Members appointed by the Leader to the Executive.

    

(j) To note the Member appointed by the Leader as Deputy Leader.

 

(k) To consider the Minutes of the meeting of the Selection and Constitutional Review Committee

 

     NOTE:  (i)  The Head of Legal and Democratic Services is responsible for determining the political balance and allocation of 
     seats to political parties on Committees and Sub-Committees in accordance with the provisions of the Local 
     Government and Housing Act 1989 and associated Regulations.  The figures arising from these calculations are not
     ified to Group Leaders.

 

     (ii) Group Leaders make nominations to fill their allocations on Committees and Sub-Committees.  The majority party 
     or groups forming the administration should also indicate in its/their list(s) the names of the Chairman and Vice-
     Chairman Designate for each Committee and Sub-Committee.

 

     (iii) The Selection and Constitutional Review Committee will receive a report upon these issues and make 
     recommendations to the Annual Meeting of the Council as to the appointment of Chairmen and Vice-Chairmen; the 
     names of Ex-Officio Members and of persons to represent the Council on other bodies.  

 

(l) At the conclusion of business included on the Summons for the Annual Meeting of the Council, the Mayor will invite all present to take refreshments with him/her.

 


E. Civic Services

Order of precedence for Civic Services:-

 

(a) The Vicar

(b) The Mace Bearer

(c) His/Her Worshipful the Mayor and the Mayoress*

(d) Chief Executive and Mayor's Chaplain if not the Vicar

(e) High Sheriff (and Chairman of Kent County Council if attending)

(f)  Deputy Mayor (and Chairman of the Parish Council/Meeting if not in Ashford)

(g) The Town Mayor of Tenterden

(h) The Leader of the Council and Member of Parliament

(i)   Members of the European Parliament

(j)   Other Group Leaders

 

*Where appropriate for "Mayoress" please read "Mayor's Escort/Consort".

 

NOTE:  (i)  If the Lord Lieutenant of Kent is present, s/he will accompany the Mayor in Civic Procession.  The Mayoress would then accompany the Chief Executive.

 

(ii) If the Chairman of Kent County Council is an Ashford Member, s/he should be included within the Procession.

 

(iii) The MEPs and Town Mayor of Tenterden.

 

The remainder of the Members with their families should take their places prior to the arrival of the procession, in seats reserved beforehand for this purpose.

 

The Member Services and Scrutiny Manager will determine seating arrangements in consultation with the Mayor.  If it is required by the Vicar that His/Her Worshipful the Mayor should be the last person to enter the Church, then the procession will start at (d) above.  In this event (a) - (c). above follow in that order at the end of the procession.  Arrangements will be made for refreshments following the service in accordance with the Mayor's wishes.

 

With the exception of the above, arrangements for the Civic Service are at the discretion of the Mayor and his/her nominated Chaplain. 

 


F. Visits by Royalty

Protocol regarding visits by Royalty to be considered when the occasion arises.

 


G. Church Services

The Council should be represented at the Remembrance Day Service in Ashford, and the Ashford and Stanhope Members should be asked to support the Mayor.  All other Members should be notified of the service recognising, however, that they may wish to attend services in their own wards.  The Member Services and Scrutiny Manager is responsible for making the necessary arrangements for the attendance of the Civic Party at the Remembrance Day Service, although it must be borne in mind that the laying of the wreaths and church service are organised by the Royal British Legion.  Changes to the Order of Procession from the Parish Rooms to the Memorial Gardens were made in 1998 by which the British Legion Standard Bearers, the President and Vice President of the British Legion, all wreath holders and the Heads of the respective Service Units formed up and processed with the Borough Council Procession.  Refreshments are provided for the Civic Party in the Church Hall prior to the procession to the War Memorial and to the Church Service.

 


H. Mayor's Civic Garden Party

If financial provision is made for a Civic Garden Party the guidance set out below will apply:-

 

The Garden Party is recognised as the principal civic function in each Mayor's year of office.

 

The following points are to be borne in mind when making the necessary arrangements for the event:-

 

(a) Invitations to bear the Coat of Arms

(b) Venue is normally decided by the Mayor

(c) Lists of guests to be compiled by the Mayor in consultation with the Chief Executive and Group Leaders.

(d) There is no formal table plan as it is normally a 'buffet style' Garden Party

(e) All Mayors/Chairmen and escorts from other Kent Districts, Members and spouses, Directors and spouses to be invited to the Mayor's Garden Party with distinguished guests from the public service such as the Member of Parliament and the High Sheriff, the Chairman and Leader of the County Council, County Councillors, together with representatives of the local community and the Mayor's personal guests.

 


I. Mayor's Charity Work - "The Ashford Mayor's Charity"

The Mayor of Ashford’s Charity is a registered Charity (registration number 1071343) and was formed in 1998.

 

The objects of the Charity are:-

 

(a) to promote any charitable purpose for the benefit of the community and the Borough of Ashford and, in particular, the advancement of education, the protection of health and the relief of poverty, distress and sickness;

 

(b) such or any charitable purpose for the general benefit of the inhabitants of the Borough of Ashford as the Trustees shall think fit.

 

The Constitution of the Charity provides that the Trustees shall be:-

 

(a) the holder for the time being of the post of Chief Executive;

(b) the Leader for the time being of Ashford Borough Council;

(c) the current Mayor;

(d) an external person who shall be invited by the Trustees to hold the position of Trustee on a yearly basis.

 

The advantages of the Mayor’s Charity are:-

 

(a) its designation as a registered Charity is conducive to fundraising and a comfort to donors in knowing that they are dealing with an organisation overseen by the Charity Commissioners;

 

(b) the accumulated fund can earn tax-free interest;

 

(c) the structure of the Charity offers flexibility as it allows instantaneous recognition of disasters or newly recognised deserving causes;

 

(d) it reduces the prospect of “impossible objects” as funds can be carried over into future mayoral years;

 

(e) it allows any Mayor with the consent of other Trustees to declare a specific recipient for the year’s funds.

 

The Secretary of the Mayor’s Charity is Colin Mawston (01233) 330215 who provides legal and administrative support to the Charity.

 

The Civic Engagement Officer will not be involved in any Charity fundraising events other than the Mayor’s Charity Ball.  The private hire company will, however, drive the Mayor to and from an event connected with the Charity.  The Civic Engagement Officer will, should the Mayor wish, bank monies in connection with the Mayor’s Charity.

 


J. Gifts Received by the Mayoralty

 

The Code of Conduct makes it clear that the acceptance of gifts should be treated with extreme caution and accordingly the following guidelines should be borne in mind:-

 

(a) Gifts received by the Mayoralty which are clearly not of a token or personal nature, other than gifts donated for the benefit of the Mayor's nominated charity, are to become the property of the Council and should be placed in the Mayor's Parlour for use or enjoyment there, or failing that, placed elsewhere in the Civic Suite.

 

(b) Gifts that are not suitable for placing in the Mayor’s Parlour or the Civic Suite are to be used or otherwise  disposed of as the Council may direct.

 

(c) The acceptance of gifts and hospitality by the Deputy Mayor which are not of a token or personal nature should also be carefully considered and recorded in the Register of Gifts, Hospitality by Members kept by the Member Services and Scrutiny Manager.  This is particularly important in view of the Deputy Mayor’s continued role in the committee decision - making processes.  The Deputy Mayor will also need to consider whether to declare interests at Council and Committee meetings where matters affecting the interests of the donor of such gifts or hospitality could be under consideration.

 


K. Mayoral Transportation Arrangements

 

The Civic Engagement Officer will make all the transportation arrangements for the Mayor and will advise on collection times etc..

 

Next - Officer's Code Of Conduct

This webpage was updated on 5/9/2011

 

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