LOCAL GOVERNMENT ACT 1972
NOTICE OF VACANCY IN THE OFFICE OF COMMUNITY COUNCILLOR
Notice is hereby given pursuant to Section 87(2) of the Local Government Act 1972 that a casual vacancy has arisen for a member of the GLYNNEATH TOWN COUNCIL to represent the GLYNNEATH WEST CENTRAL WARD.
If, within fourteen (14) (working) days after the date of this Notice, a request for an election to fill the said vacancy is made in writing to:
THE RETURNING OFFICER
CHIEF EXECUTIVE`S OFFICE
NEATH PORT TALBOT COUNTY BOROUGH COUNCIL
PORT TALBOT SA13 1PJ
by TEN electors for the community an election will be held to fill the vacancy; otherwise, the vacancy will be filled by the Council.
Dated: 24th August 2016 Signed by: Clive Baker, Clerk to the Council.
GLYNNEATH TOWN COUNCIL STANDING ORDERS
NOTE: THOSE STANDING ORDERS PRINTED IN CAPITALS ARE MANDATORY FOR FULL COUNCIL MEETINGS;
NOTE: THE STANDING ORDERS WITH THE SYMBOL > FOLLOWING THE LETTER AT THE START OF THE PARAGRAPH ARE MANDATORY FOR COMMITTEE MEETINGS;
NOTE: THE STANDING ORDERS WITH THE SYMBOL * FOLLOWING THE LETTER AT THE START OF THE PARAGRAPH ARE MANDATORY FOR BOTH FULL COUNCIL & COMMITTEE MEETINGS.
a) MEETINGS SHALL NOT TAKE PLACE IN PREMISES, WHICH AT THE TIME OF THE MEETING, ARE USED TO SUPPLY ALCOHOL, UNLESS NO OTHER PREMISES ARE AVAILABLE FREE OF CHARGE OR AT A REASONABLE COST.
b*) WHEN CALCULATING THE THREE (3) CLEAR WORKING DAYS NOTICE OF A MEETING TO BOTH COUNCILLORS & THE PUBLIC, THE DAY WHEN THE NOTICE WAS ISSUED, THE DAY OF THE MEETING, A SUNDAY, ANY DAY OF A CHRISTMAS BREAK, ANY DAY OF AN EASTER BREAK, A BANK HOLIDAY OR ANY DAY APPOINTED FOR PUBLIC THANKSGIVING OR MOURNING SHALL NOT COUNT.
c*) MEETINGS SHALL BE OPEN TO THE PUBLIC UNLESS THEIR PRESENCE IS PREJUDICIAL TO THE PUBLIC INTEREST BY REASON OF THE CONFIDENTIAL NATURE OF THE BUSINESS TO BE TRANSACTED OR FOR ANY OTHER SPECIAL REASON. THE PUBLIC`S EXCLUSION FROM PART OR ALL OF A MEETING SHALL BE BY RESOLUTION WHICH SHALL GIVE REASONS FOR THE PUBLIC`S EXCLUSION.
d) Subject to Standing Order 1© above, members of the public are permitted to make representations, answer questions & give evidence in respect of any item of busdiness included in the agenda.
e) The period of time, which is at the Mayor`s discretion or, which is designated for the public participation in accordance with Standing Order 1(d) above, shall NOT exceed fifteen(15) minutes in total.
f) Subject to Standing Order 1(e) above, each member of the public is permitted to speak once only in respect of business itemised on the agenda and shall not speak for more than five (5) minutes in total.
g) In accordance with Standing Order 1(d) above, a question asked by a member of the public during a public participation session of a meeting shall NOT require a response or debate.
h) In accordance with Standing Order 1(g) above, the Mayor may, at his/her discretion, direct that a response to a question posed by a member of the public be referred to a Councillor for an oral response or to an employee (probably the Clerk) for an oralor written response.
i) A record of a public participation session at a meeting shall be included in the minutes of that meeting.
j) A person shall stand when requesting to speak and if permission is granted by the Mayor remain standing whilst speaking (except when a person has a disability or is likely to suffer discomfort).
k) Any person speaking at a meeting shall address his/her comments to the Mayor only.
l) Only one (1) person is permitted to speak at a time. If more than one (1) person wishes to speak, the Mayor shall direct the order of speaking. (PLEASE KEEP IN VIEW STANDING ORDERS 1(e) & 1(f) ABOVE).
m*) PHOTOGRAPHING, RECORDING, BROADCASTING OR TRANSMITTING THE PROCEEDINGS OF A MEETING BY ANY MEANS IS NOT PERMITTED WITHOUT THE COUNCIL`S PRIRO CONSENT.
n*) IN ACCORDANCE WITH STANDING ORDER 1© ABOVE, THE PRESS SHALL BE PROVIDED WITH REASONABLE FACILITIES FOR THE TAKING OF THEIR REPORT OF ALL OR PART OF ANY MEETING AT WHICH THEY ARE ENTITLED TO BE PRESENT.
o) SUBJECT TO STANDING ORDERS WHICH INDICATE OTHERWISE, ANYTHING AUTHORISED OR REQUIRED TO BE DONE BY, TO OR BEFORE THE MAYOR, MAY IN HIS/HER ABSENCE BE DONE BY, TO OR BEFORE THE DEPUTY MAYOR.
p) THE MAYOR, IF PRESENT, SHALL PRESIDE AT A MEETING. IF THE MAYOR IS ABSENT FROM A MEETING, THE DEPUTY MAYOR, IF PRESENT SHALL PRESIDE. IF BOTH THE MAYOR & DEPUTY MAYOR ARE ABSENT FROM THE MEETING, A COUNCILLOR ELECTED BY THE COUNCILLORS PRESENT AT THE MEETING SHALL PRESIDE OVER THAT MEETING.
q*) SUBJECT TO STANDING ORDER 1(y) BELOW, ALL QUESTIONS AT MEETINGS SHALL BE DECIDED BY A MAJORITY OF THE COUNCILLORS PRESENT & VOTING THEREON.
r*) THE MAYOR IS PERMITTED AN ORIGINAL VOTE ON ANY MATTER WHICH NEEDS TO BE VOTED UPON & IN THE CASE OF AN EQUALITY OF VATES BEING CAST ON ANY MATTER REQUIRING A VOTE, MAY EXERCISE HIS/HER CASTING VOTE WHETHER OR NOT HE/SHE HAS EXERCISED HIS/HER RIGHT TO AN ORIGINAL VOTE. (See also Standing Orders 2(i) & 2(j) below).
s) UNLESS STANDING ORDERS PROVIDE OTHERWISE, VOTING ON A QUESTION SHALL BE BY A SHOW OF HANDS. AT THE REQUEST OF ANY COUNCILLOR, THE VOTING ON ANY QUESTION SHALL BE RECORDED SO AS TO SHOW WHETHER EACH COUNCILLOR PRESENT VOTED AND GAVE HIS/HER VOTE FOR OR AGAINST THAT QUESTION. (Such a request MUST be made before moving on to the next item of business on the agenda).
t*) THE MINUTES OF EACH MEETING SHALL RECORD THE NAMES OF COUNCILLORS PRESENT & ABSENT.
u) If prior to a meeting a Councillor has submitted reasons for his/her absence from the meeting, which is then approved by resolution, such resolution shall be recorded in the minutes of the meeting at which the approval was given.
v*) THE CODE OF CONDUCT ADOPTED BY THE COUNCIL SHALL APPLY TO ALL COUNCILLORS IN RESPECT OF THE ENTIRE MEETING.
w*) AN INTEREST ARISING FROM THE CODE OF CONDUCT ADOPTED BY THE COUNCIL, THE EXISTANCE & NATURE OF WHICH IS REQUIRED TO BE DISCLOSED BY A COUNCILLOR AT A MEETING SHALL BE RECORDED IN THE MINUTES (see also Standing Orders 7 & 8 below).
x*) NO BUSINESS MAY BE TRANSACTED AT A MEETING UNLESS AT LEAST ONE THIRD (1/3rd) OF THE WHOLE NUMBER OF MEMBERS OF THE COUNCIL ARE PRESENT & IN NO CASE SHALL THE QUORUM OF ANY MEETING BE LESS THAN THREE (3).
y*) IF A MEETING IS OR BECOMES INQUORATE, NO BUSINESS SHALL BE TRANSACTED AND THE MEETING WILL BE ADJOURNED. Any outstanding business of a meeting so adjourned shall be transacted at a following meeting.
z) Meetings shall not exceed a period of three (3) hours.
2. ANNUAL GENERAL MEETING & ORDINARY MEETINGS (see also Standing Order 1 above)
a) IN AN ELECTION YEAR, THE ANNUAL GENERAL MEETING OF THE COUNCIL SHALL BE HELD ON OR WITHIN FOURTENN (14) DAYS FOLLOWING ON WHICH NEW COUNCILLORS ELECTED TAKE OFFICE.
b) IN A YEAR WHICH IS NOT AN ELECTION YEAR, THE ANNUAL GENERAL MEETING OF THE COUNCIL SHALL BE HELD ON SUCH A DAY IN MAY AS THE COUNCIL MAY DIRECT.
c) IF NO OTHER TIME IS FIXED THE ANNUAL GENERAL MEETING OF THE COUNCIL SHALL TAKE PLACE AT SEVEN (7) PM.
d) IN ADDITION TO THE ANNUAL GENERAL MEETING OF THE COUNCIL, OTHER ORDINARY MEETINGS MAY BE HELD IN EACH YEAR ON SUCH DATES & TIMES AS THE COUNCIL MAY DIRECT. For Glynneath Town Council there shall be eleven (11) other ordinary meetings held on the second (2nd) Tuesday of each calender month except August.
e) THE ELECTION OF THE MAYOR & DEPUTY MAYOR OF THE COUNCIL SHALL BE THE FIRST (1st) BUSINESS COMPLETED AT THE ANNUAL GENERAL MEETING OF THE COUNCIL.
f) THE MAYOIR, UNLESS HE/SHE HAS RESIGNED OR BECOME DISQUALIFIED, SHALL CONTINUE IN OFFICE & PRESIDE AT THE ANNUAL GENERAL MEETING UNTIL HIS/HER SUCCESSOR IS ELECTED AT THE NEXT ANNUAL GENERAL MEETING OF THE COUNCIL.
g) THE DEPUTY MAYOR OF THE COUNCIL, UNLESS HE/SHE HAS RESIGNED OR BECOME DISQUALIFIED, SHALL HOLD OFFICE UNTIL IMMEDIATELY AFTER THE ELECTION OF THE MAYOR & DEPUTY MAYOR AT THE NEXT ANNUAL GENERAL MEETING OF THE COUNCIL.
h) IN AN ELECTION YEAR, IF THE CURRENT MAYOR HAS NOT BEEN RE-ELECTED AS A MEMBER OF THE COUNCIL, HE/SHE SHALLPRESIDE AT THE ANNUAL GENERAL MEETING UNTIL A SUCCESSOR MAYOR HAS BEEN ELECTED. THE OUTGOING MAYOR SHALL NOT BE ENTITKED TO AN ORIGINAL VOTE IN THE RESPECT OF THE ELECTION OF THE NEW MAYOR BUT IS ENTITLED TO GIVE HIS/HER CASTING VOTE IN THE CASE OF AN EQUALITY OF VOTES.
i) IN AN ELECTION YEAR, IF THE CURRENT MAYOR HAS BEEN RE-ELECTED AS A MEMBER OF THE COUNCIL, HE/SHE SHALL PRESIDE AT THE ANNUAL GENERAL MEETING UNTIL A NEW MAYOR HAS BEEN ELECTED. HE/SHE IS ENTITLED TO AN ORIGINAL VOTE AND SHALL GIVE THE CASTING VOTE IN THE CASE OF AN EQUALITY OF VOTES IN RESPECT OF THE ELECTION OF THE NEW MAYOR.
j) Following the election of the Mayor & Deputy Mayor at the Annual General Meeting of the Council, the order of business shall be as follows:
i) In an election year, delivery by the Councillors of their declarations of office;
ii) Confirmation of the accuracy of the minutes of the last meeting of the Council and to receive & note minutes of and/or to determine recommendations made by committees;
iii) Review of delegation arrangements to committees, sub-committees, employees & other local authorities;
iv) Review of terms of reference for committees;
v) Receipt of nominations to existing committees;
vi) Appointment of any new committees, confirmation of the terms of reference, number of members (including, if appropriate subsitute Councillors) & receipt of nominations to them;
vii) Review & adoption of appropriate Standing Orders & Financial Regulations;
viii) Review of arrangements, including any charters, which local authorities & review contributions made to expenditure incurred by other local authorities;
ix) Review of the representation on or work with external bodies & arrangements for reporting back;
x) Review of the inventory of land & assets including buildings, machinery & office equipment;
xi) Review & confirmation of arrangements for insurance cover in respect of all insured risks;
xii) Review of the Council`s, Councillor`s and/or employees` membership of other bodies;
xiii) Establishing or reviewing the Council`s complaints proceedure;
xiv) Establishing or reviewing the Council`s proceedure for handling requests made under the Freedom of Information Act 2000 & the Data Protection Act 1998;
xv) Establishing or reviewing the Council`s proceedure for dealing with the press/media;
xvi) Setting the dates, times & venues for of Ordinary Meetings of the full Council for the year ahead.
3. THE COUNCIL`S PROPER OFFICER
a) The Council`s Proper Officer shall be either (i) The Clerk or such employee as may be nominated by the Council from time to time or (ii) such other employee appointed by the Council to undertake the role of the Proper Officer during the Proper Officer`s absence. The Proper Officer & the employee appointed to act as such during the Proper Officer`s absence shall fulfil the duties assigned to the Proper Officer in the Standing Orders.
b) The Council`s Proper Officer shall carry out the following:
i) SIGN & SERVE ON COUNCILLORS BY DELIVERY OR POST AT THEIR RESIDENCES A SUMMONS CONFIRMING THE TIME, DATE, VENUE & AGENDA OF A MEETING OF THE FULL COUNCIL, A MEETING OF A COMMITEE (or sub-committee) AT LEAST THREE (3) CLEAR WORKING DAYS BEFORE THE MEETING
OR Upon the Council first having resolved that service of summons on Councillors confirming the time, date, venue & agenda for a meeting by delivery or post to their residences at least three (3) clear working days before the meeting is not expedient electronically serve on Councillors a summons confirming the time, date, venue & agenda of a meeting of the full Council and/or a meeting of a committee or sub-committee at least three (3) clear working days before the meeting provided any such email contains the electronic signature & titke of the Proper Officer;
ii) GIVE PUBLIC NOTICE OF THE TIME, DATE, VENUE & AGENDA AT LEAST THREE (3) CLEAR WORKING DAYS BEFORE A MEETING OF THE FULL COUNCIL OR COMMITTEE. (PUBLIC NOTICE OF AN EXTRAORDINARY MEETING OF THE FULL COUNCIL CONTAINING TIME, DATE, VENUE & AGENDA MUST BY SIGNED BY THE TWO (2) COUNCILLORS WHO CONVENED THEIS MEETING & MUST BE POSTED AT LEAST THREE (3) CLEAR WORKING DAYS BEFORE THE MEETING TAKES PLACE);
iii) Subject to Standing Orders 4(a-e) below, include in the agenda all motions in the order received unless a Councillor has given written notice at least five (5) working days before the meeting confirming his/her withdrawal of it;
iv) CONVENE A MEETING OF FULL COUNCIL FOR THE ELECTION OF A NEW MAYOR, OCCASIONED BY A CASUAL VACANCY IN HIS/HER OFFICE IN ACCORDANCE WITH STANDING ORDER 3(b)(i) or 3(b)(ii) ABOVE;
v) Make available for inspection the minutes of meetings;
vi) RECEIVE & RETAIN COPIES OF BYELAWS MADE BY OTHER LOCAL AUTHORITIES;
vii) RECEIVE & RETAIN DECLARATIONS OF ACCEPTANCE OF OFFICE FROM COUNCILLORS;
viii) Retain a copy of every Councillors register of interests & any changes to it and keep copies of the same available for inspection;
ix) Keep proper records required both before & after meetings;
x) Process all requests made under the Freedom of Information Act 2000 & the Data Protection Act 1998, in accordance with & subject to the Council`s procedure relating to these acts;
xi) Receive & send general correspondence & notices on behalf of the Council except where there is a resolution to the contrary;
xii) Manage the organisation, storage of and access to allinformation held by the Councilin both paper & electronic form;
xiii) Arrange for all legal deeds to be signed by two (2) Councillors & witnessed or to be sealed using the Council`s common seal (if any) (see also Standing Order 14(a) & 14(b) below);
xiv) Arrange for prompt authorisation, approval & instruction regarding any payments to be made by the Council in accordance with the Council`s Financial Regulations;
xv) Record every planning application notifed to the Council & the responce (if any) from the Council to the local planning authority in a book for such purpose;
xvi) Refer every planning application notified to the Council to the Mayor (unless the Mayor is serving member of the local planning authority) or in his/her absence to the Deputy Mayor (unless he/she is a member of the local planning authority) within two (2) working days (when possible) of receipt to facilitate an extraordinary meeting if the nature of the application requires consideration before the next ordinary meeting of the full Council;
xvii) Retain custody of the seal of the Council (if any) which shall not be used without a resolution to that effect;
xviii) Action or undertake activity or responsibilites instructed by resolution or conatined in Standing Orders.
4. MOTIONS REQUIRING WRITTEN NOTICE
a) In accordance with Standing Order 3(b)(iii) above, no motion may be moved at a meeting unless it is included in the agenda & the mover (A COUNCILLOR) has given written notice of its wording to the Council`s Proper Officer at least seven (7) clear working days before the date of the meeting.
b) The Proper Officer may, before including the motion in the agenda received in accordance with Standing Order 4(a) above, correct any obvious grammatical or typographical errors in the wording of the motion.
c) If the Proper Officer considers that the wording of a motion received in accordance with Standing Order 4(a) above is not clear in its meaning, the motion shall be rejected until the mover of the motion (A COUNCILLOR) resubmits it in writing to the Proper Officer in clear & certain language at least seven (7) clear working days before the meeting.
d) If the wording or nature of a proposed motion is considered unlawful or improper, the Proper Officer shall consult the Mayor or, as the case may be, the Councillors who have convened the meeting, to consider whether the motion shall be included in the agenda or rejected.
e) Having consulted the Mayor or Councillors pursuant to Standing Order 4(d) above, the decision of the Proper Officer as to whether the motion is to be included in the agenda shall b e final.
f) Notice of every motion received in accordance with the Council`s Standing Orders shall be numbered in the order received and open to inspection by all Councillors.
g) Every motion rejected in accordance with Council`s Standing Orders shall be duly recorded by the Proper Officer giving reasons for its rejection & shall be available for inspection by all Councillors.
h) Every motion & resolution shall relate to the Council`s statutory functions, powers & lawful obligations or shall relate to an issue which specifically affects the Council`s area or its residents.
5. MOTIONS NOT REQUIRING WRITTEN NOTICE
a) Motions in respect of the following matters may be moved (BY COUNCILLORS) without written notice:
i) To appoint a Councillor to preside at a meeting;
ii) To approve the absences of any Councillor;
iii) To approve the accuracy of the minutes of the previous meeting;
iv) To correct any inaccuracy in the minutes of the previous meeting;
v) To dispose of business, if any, remaining from the last meeting;
vi) To alter the order of business on the agenda for reasons of urgency or expenditure;
vii) To proceed to the next business on the agenda;
viii) To close or adjourn a debate;
ix) To refer by formal delegation a matter to a committee (sub-committee) or an employee;
x) To appoint a committee (or sub-committee) or any Councillor(s) (including substitutes) thereto;
xi) To receive nominations to a committee (or sub-committee);
xii) To dissolve a committee (or sub-committee);
xiii) To note the minutes of a meeting of a committee (or sub-committee);
xiv) To consider a report and/or recommendations made by a committee (or sub-committee); xv) To consider a report and/or recommendations made by an employee,professional advisor, expert or consultant;
xvi) To authorise legal deeds to be signed by two (2) Councillors (or sealed by the Council`s common seal) & witnessed (see Standing Order 14(a) &14(b) below);
xvii) To authorise payment of monies;
xviii) To amend a motion relevant to the original or substantive motion under consideration which shall not have the effect of nullifying it;
xix) To extend the time limit for speeches;
xx) To exclude the press & the public for all or part of a meeting;
xxi) To silence or exclude from any meeting a Councillor or member of the public for disorderly conduct;
xxii)To give the consent of the Council if such consent is required by Standing Orders; xxiii) TO SUSPEND ANY STANDING ORDER EXCEPT THOSE WHICH ARE MANDATORY BY LAW;
xiv) To adjourn the meeting;
xv) To appoint representatives to outside bodies & to make arrangements for those representatives to report back the activities of those outside bodies;
xxvi) To answer questions from Councillors.
b) If a motion falls within the terms of reference of a committee (or sub-committee) or within the delegated powers conferred on an employee, a referral of the same may be made to such committee (or sub-committee) or employee provided that the Mayor (or nominated Chair of the meeting) may direct for it to be dealt with at the present meeting for reasons of urgency or expedience.
6. RULES OF DEBATE
a) Motions included in an agenda shall be considered in the order that they appear on the agenda unless the order is changed at the Mayor`s direction for reasons of expedience.
b) Subject to Standing Orders 4(a-e) above, a motion shall not be considered unless it is proposed & seconded.
c) Subject to Standing Order 3(b)(iii) above, a motion included in an agenda not moved by the Councillor who tabled it may be treated as withdrawn.
d) A motion to amend an original or substantive motion shall not be considered unless proper notice has been given after the original or substantive motion has been seconded & notice of such amendment(s) shall, if required by the Mayor, be reduced to writing and handed to the Mayor, who shall determine the order in which they may be considered.
e) A Councillor may move amendments to his/her own motion, If a motion has already been seconded, an amendment to it shall be within the consent of the seconder.
f) Any amendment to a motion shall be either:
i) To leave out words;
ii) To add words; or
iii) To leave out words & add other words.
g) A proposed or carried amendment to a motion shall not have the effect of rescinding the original or substantive motion under consideration.
h) Only one (1) amendment shall be moved & debated at a time, the order of which shall be directed by the Mayor. No further amendment to a motion shall be moved until the previous amendment has been disposed of.
i) Subject to Standing Order 6(h) above, one or more amendments may be discussed together if the Mayor considers this expedient but shall be voted on separately.
j) Pursuant to Standing Order 6(h) above the number of amendments to an original or substantive motion, which may be moved by a Councillor, is limited to one (1).
k) If an amendment is not carried, other amendments shall be moved in the order directed by the Mayor.
l) If an amendment is carried, the original motion, as amended shall take the place of the original motion & shall become the substantive motion upon which any further amendment may be moved.
m) The mover of a motion or the mover of an amendment shall have the right of repl,y, not exceeding three (3) minutes.
n) Where a series of amendments to an original motion are carried, the mover of the original motion shall have the right of reply in respect of the substantive motion at the very end of the debate & immediately before it is put to the vote.
o) Subject to Standing Orders 6(m) & 6(n) above, a Councillor may not speak further in respect of any one (1) motion except to speak ince on an amendment moved by another Councillor or to make a point of order or to give a personal explanation.
p) During the debate of a motion, a Councillor may interrupt only on a point of order or a personal explanation & the Councillor who was interrupted shall stop speaking. A Councillor raising a point of order shall identify the Standing Order which he/she considers has been breached or specify the irregularity in the meeting he/she is concerned by.
q) A point of order shall be decided by the Mayor and his/her decision shall be final.
r) With the consent of the seconder and/or of the meeting, a motion or amendment may be withdrawn by the proposer. A Councillor shall not speak upon the said motion or amendment unless permission for the withdrawal of the motion or amendment has been refused.
s) Subject to Standing Order 6° above, when a Councillor`s motion is under debate no other motion shall be moved except:
i) To amend the motion;
ii) To proceed to next business;
iii) To adjourn the debate;
iv) To put the motion to the vote;
v) To ask a person to be silent or ask him/her to leave the meeting;
vi) To refer a motion to a committee (or sub-committee) for consideration;
vii) To exclude the public and/or the press;
viii) To adjourn the meeting;
ix) To suspend any Standing Order, except those which are mandatory by law.
t) In respect of Standing Order 6(s)(iv) above, the Mayor shall first be satisfied that the motion has been sufficently debated before it is seconded & put to the vote. The Mayor shall call upon the mover of the motion under debate to exercise or waive his/her right of reply & and shall put the motion to the vote after that right has been exercised or waived. The adjournment of a debate or the meeting shall not prejudice the mover`s right of reply at the resumption.
7. THE CODE OF CONDUCT (WALES) – (see also Standing Orders 1(d-i) above)
a) ALL COUNCILLORS SHALL OBSERVE THE CODE OF CONDUCT ADOPTED BY THE COUNCIL.
b) All Councillors shall undertake training in the Code of Conduct within six (6) months of the delivery of their declaration of their acceptance of office.
c) COUNCILLORS MAY EXERCISE RIGHTS CONTAINED IN STANDING ORDER 7(d) BELOW, ONLI IF MEMBERS OF THE PUBLIC ARE PERMITTED TO (i) MAKE REPRESENTATIONS, (ii) ANSWER QUESTIONS & (iii) GIVE EVIDENCE RELATING TO THE BUSINESS BEING TRANSACTED.
d) COUNCILLORS WHO HAVE A PREJUDICIAL INTEREST IN RELATION TO ANY ITEM OF BUSINESS BEING TRANSACTED AT A MEETING MAY (i) MAKE REPRESENTATIONS, (ii) ANSWER QUESTIONS & (iii) GIVE EVIDENCE RELATING TO THE BUSINESS BEING TRANSACTED BUT MUST, THEREAFTER, LEAVE THE ROOM OR CHAMBER. (see Welsh Assembky Government`s letter dated 2nd March 2016 re; Code of Conduct for Members & Co-opted Members of Council & Council Committees (both internal & external).
a) A Councillor may seek an answer to a question concerning any business of the Council provided seven (7) clear working days notice of the question has been given to the Proper Officer.
b) Questions not related to items of business on the agenda of the meeting shall only be asked during the part of the meeting set aside for such questions.
c) Every question shall be put & answered without discussion.
a) If a copy of the draft minutes of the preceding meeting has been circulated to Councillors no later than the day of service of summons to attend a scheduled meeting they shall be taken as read.
b) No discussion of the draft minutes of a preceding meeting shall take place except in relation to their accuracy. A motion to correct any inaccuracies in the minutes shall be raised in accordance with Standing order 5(a)(iv) above.
c) Minutes, including any amendment to correct their accuracy, shall be confirmed by resolution & shall be signed by the Mayor (or elected Chairperson if the Mayor is not in attendance at any committee or sub-committee meeting) or Deputy Mayor in his/her absence & stand as an accurate record of the meeting to which they relate.
If the Mayor does not consider the minutes to be an accurate record of the meeting to which they relate, he/she shall sign the minutes but inbclude a paragraph in the following terms or to the same effect:
“The Mayor does not believe that the minutes of (name of Council and/or committee) held on (date of the meeting) in respect of (details of inaccuracy) were correct but his/her view was not upheld by the majority of the Council and the minutes are confirmed as an accurate record of the proceedings.”
e) Upon resolution which confirms the accurancy of the minutes of a meeting, any previous draft minutes or recordings of the meetings shall be destroyed.
10. DISORDERLY CONDUCT
a) No person shall obstruct the transaction of business at a meeting or behave offensively or improperly.
b) If, in the opinion of the Mayor, there has been a breach of Standing Order 10(a) above, he/she shall express that opinion and thereafter any Councillor (including the Mayor) may move that the person be silenced or excluding from the meeting, and the motion, if seconded, shall be put forthwith & without discussion.
c) If a resolution made in accordance with Standing Order 10(b) above, is disobeted, the Mayor may take further steps as may be necessary to enforce it and/or may adjourn the meeting.
11. RESCISSION OF PREVOUS RESOLUTIONS
a) A resolution (whether affirmative or negative) of the Council shall not be reserved within six (6) months except either by a special motion, the written notice whereof bears the names of at least three (3)Councillors of the Council, or by a motion in pursuance of the report or recommendation of a committee.
b) When a special motion or any other motion moved pursuant to Standing Order 11(a) above has been disposed of, no similar motion may be moved within a further six (6) months.
12. VOTING ON APPOINTMENTS
a) Where two (2) or more persons have been nominated for a position to be filled by the Council & none of these people have received an absolute majority of votes in their favour, the name of the person having the least number of votes shall be struck off the list & a fresh vote taken. This process shall continue until a majority vote is given to one (1) person. Any tie may be settled by the Mayor`s casting vote.
a) Any expenditure incurred by the Council shall be in accordance with the Council`s Financial regulations.
b) THE COUNCIL`S FINANCIAL REGULATIONS SHALL BE REVIEWED ONCE A YEAR.
c) THE COUNCIL`S FINANCIAL REGULATIONS MAY MAKE PROVISION FOR THE AUTHORISATION OF THE PAYMENT OF MONEY IN THE EXERCISE OF ANY OF THE COUNCIL`S FUNCTIONS TO BE DELEGATED TO A COMMITTEE (or sub-committee) OR TO AN EMPLOYEE (usually the Clerk or Proper Officer).
14. EXECUTION & SEALING OF LEGAL DEEDS (see also Standing Order 5(a)(xvi) above)
a) A legal deed shall not be executed on behalf of the council unless the same has been authorised by a resolution.
b) IN ACCORDANCE WITH A RESOLUTION MADE UNDER STANDING ORDER 14(a) ABOVE, THE COUNCIL`S COMMON SEAL SHALL ALONE BE USED FOR SEALING A DEED REQUIRED BY LAW. IT SHALL BE APPLIED BY THE PROPER OFFICER IN THE PRESENCE OF TWO (2) MEMBERS OF THE COUNCIL WHO SHALL SIGN AS WITNESSES. (This only applies to a Council with a common seal).OR
IN ACCORDANCE WITH A RESOLUTION MADE UNDER STANDING ORDER 14(a) ABOVE, ANY TWO (2) MEMBERS OF THE COUNCIL MAY SIGN, ON BEHALF OF THE COUNCIL, ANY DEED REQUIRED BY LAW & THE PROPER OFFICER SHALL WITNESS THEIR SIGNATURES. (This is applicable to a council without a common seal).
15. COMMITTEES (see also Standing Order 1 above)
a) The Council may, at its Annual General Meeting, appoint standing committees & may at any other time appoint such other committees as may be necessary, and:
i) Shall determine their terms of reference;
ii) May permit committees to determine the dates of their meetings;
iii) Shall appoint & determine the term of office of Councillor or non-Councillor members of such a committee (unless the appointment of non-Councillors is prohibited by law) so as to hold office no later than the next Annual General Meeting;
iv) May appoint substitute Councillors to a committee whose role is to replace ordinary Councillors at a meeting of a committee if ordinaru councillors of the committee have confirmed to the Proper Officer seven (7) clear working days before the date of the meeting they are unable to attend;
v) An ordinary member of a committee who has been replaced by a substitute member (in accordance with Standing Order 15(a)(iv) above) shall not be permitted to participate in debate or vote on business at that meeting and may only speak during any public participation session during the meeting;
vi) May in accordance with Standing Orders dissilve a committee at any time.
16. SUB-COMMITTEES (see also Standing Order 1 above)
a) Unless there is a Council resolution to the contrary, every commiitte may appoint a sub-committee whose terms of reference & members shall be determined by resolution of the committee.
17. EXTRAORDINARY MEETINGS (see also Standing Order 1 above)
a) THE MAYOR MAY CONVENE AN EXTRAORDINARY MEETING OF THE COUNCIL AT ANY TIME.
b) IF THE MAYOR DOES NOT OR REFUSES TO CALL AN EXTRAORDINARY MEETING OF THE COUNCIL WITHIN SEVEN (7) DAYS OF HAVING BEEN REQUESTED TO DO SO BY AT LEAST TWO (2) COUNCILLORS, THEN THOSE TWO (2) COUNCILLORS MAY CONVENE AN EXTRAORDINARY MEETING OF THE COUNCIL. THE STATUTORY PUBLIC NOTICE, GIVING TIME, VENUE & AGENDA, FOR SUCH A MEETING MUST BE SIGNED BY THE TWO (2) COUNCILLORS WHO HAVE CONVENED THE MEETING
c) If the Chairperson of a committee (or sub-committee) does not or refuses to call an extraordinary meeting within seven (7) days of having been requested to do so by two (2) Councillors, then those two (2) Councillors may cenvene an extraordinary meeting of that committee (or sub-committee). The statutory public notice, giving time, venue & agenda, for such a meeting must be signed by the two (2) Councillors who have convened the meeting.
18. ADVISORY COMMITTEES (see also Standing Order 1 above)
a) The Council may appoint advisory committees comprised of a number of Councillors & non- Councillors. (See Standing Order 7 above & Welsh Assembly Government`s letter dated 2nd March 2016 re. Code of Conduct of both Councillors & non-Councillors on this type of committee).
b) Advisory committees & any advisory sub-committee may consist wholly of persons who are non-Councillors. (See Standing Order 7 above & Welsh Assembly Government`s letter dated 2nd March 2016 re. Code of Conduct for non-Councillors on this type of committee).
19. ACCOUNTS & FINANCIAL STATEMENTS
a) All payments by the Council shall be authorised, approved & paid in accordance with the Council`s Financial Regulations, which shall be reviewed at least annually.
b) The Responsible Financial Officer shall supply each Councillor, as soon as practicable after the 31st March, 30th June, 30th September & 31st December in each year, a statement summerising the Council`s receipts & payments for each quarter and the balances held in every account held by the Council for the same periods. This statement should include a comparison with the budget for the financial year. A Financial Statement of Accounts of the Council, prepared on the appropriate accounting basis (receipts & payments or income & expenditure) for the year ending 31st March shall be presented to each Councillor before the end of the follwing month of May. The Statement of the Accounts of the Council (which is subject to an external audit), including the annual governance statement, shall be presented to Council for formal approval before 30th June each year.
a) The Council shall approve written estimates for the forthcoming financial year at its meeting before the end of January.
b) Any committee desiring to incur expenditure shall give the Proper Officer a written estimate of the expenditure recommended for the coming year no later than December.
21. CANVASSING OF AND RECOMMENDATIONS BY COUNCILLORS
a) Canvassing Councillors or members of a committee (or sub-committee), directly or indirectly, for the appointment tp or by the Council shall disqualify the candidate from such an appointment. The Proper Officer shall disclose the requirements of this Standing Order to every candidate.
b) A Councillor or a member of a committee (or sub-committee) shall not solicit a person for appointment or promotion; but nevertheless, any such person may give a written testimonial of a candidate`s ability, experience or character for submission to the Council with an application for appointment.
c) This Standing Order shall apply to tenders as if the person making the tender were a candidate for an appointment.
22. INSPECTION OF DOCUMENTS
a) Subject to Standing Orders to the contrary or in respect of matters which are confidential, a Councillor may, for the purpose of his/her official duties (but not otherwise), inspect any document in the possession of the Council or committee (or sub-committee) & request a copy for the same purpose. The minutes of the meetings of the Council, its committees (or sub-committees) shall be available for inspection by Councillors.
23. UNAUTHORISED ACTIVITIES
a) Unless authorised by resolution, no individual Councillor shall in the name of or on behalf of the Council, a committee (or sub-committee):
i) Inspect any land and/or premises which the Council has a right or duty to inspect; OR
ii) Issue orders, instructions or directions.
24. CONFIDENTIAL BUSINESS
a) Councillors & employees shall not disclose information given in confidence or which they believe or ought to be aware of is of a confidential nature.
b) A Councillor in breach of the provisions of Standing Order 24(a) above may be removed from a committee (or sub-committee) by resolution of the Council.
25. MATTERS AFFECTING COUNCIL EMPLOYEES
a) If a meeting considers any matter personal to a Council employee, it shall not be considered until the Council (Human Resources Committee) has decided whether or not the press & public shall be excluded pursuant to Standing Order 1© above.
b) Subject to the Council`s policy regarding absences from work, the Council`s Proper Officer shall notify the Chairperson of the Human Resources Committee of any absence occasioned by sickness or urgency & that person shall report such absences to the Human Resources Committee at its next meeting.
c) The Chairperson of the Human Resources Committee or in his/her absence the Vice-Chairperson, shall upon resolution conduct a review of the performance and/or appraisal of any employee of the Council where necessary & shall keep a written record of it. The review and/or appraisal shall be reported back & shall be subject to approval by resolution of the Human Resources Committee.
d) Subject to the Council`s policy regarding the handling of grievance matters, the Council`s Proper Officer shall contact the Chairperson of the Human Resources Committee or in his/her absence the Vice-Chairperson of that committee, in respect of an informal grievance matter & this matter shall be reported back & progressed by resolution of the Human Resources Committee.
e) Subject to the Council`s policy regarding the handling of grievance & disciplinary matters, if an informal or formal grievance matter is raised by an employee and it relates to the Chairperson or Vice-Chairperson of the Human Resources Committee, this shall be communicated to another member of that committee & that person shall report it back to and then it shall be progressed by resolution of the Human Resources Committee.
f) Any persons responsible for all or part of the management of the Council`s employees shall keep written records of all meetings relating to their performance & capabilities, grievance & disciplinary matters.
g) The Council shall keep written records relating to employees secure. All paper records shall be secured under lock & key and electronic records shall be password protected.
h) Records documenting reasons for employees` absences due to ill health or details of any medical condition shall only be made available to those persons with responsibilty for the same.
i) Only persons with line-management responsibilities shall have access to employee records referred to in Standing Orders 25(g) & 25(h) above if so justified.
j) Access & means of access by keys and/or computer passwords to records of employment referred to in Standing Orders 25(g) & 25(h) above shall be provided only to i) The Council`s Proper Officer; ii) The Mayor and/or iii) The Chairperson of the Human Resources Committee.
26. THE FREEDOM OF INFORMATION ACT 2000
a) All requests for information held by the Council shall be processed in accordance with the Council`s policy in respect of handling requests under the Freedom olf Information Act 2000.
b) Correspondence from, and notices served by, the Information Commissioner shall be referred by the Proper Officer to the Mayor & full Council. The said Council shall have the power to do anything to facilitate compliance with the Freedom of Information Act 2000 including exercising the powers of the Proper Officer in respect of Freedom of Information requests set out under Standing Order 3(b)(x) above.
27. RELATIONS WITH THE PRESS/MEDIA
a) All requests from the press or other media for an oral or written statement or comment from the Council shall be processed in accordance with the Council`s policy in respect of dealing with the press and/or other media.
b) In accordance with the Council`s policy in respect of dealing with the press and/or other media, Councillors SHALL NOT, IN THEIR OFFICAL CAPACITY, PROVIDE ORAL OR WRITTEN STATEMENTS OR WRITTEN ARTICLES TO THE PRESS OR OTHER MEDIA.
28. LIAISON WITH DISTRICT, COUNTY OR UNITARY COUNCILLORS
a) An invitation to attend a meeting of the Council shall be sent, together with the agenda, to Councillor(s) of the County Borough Council representing its electoral ward.
b) Unless the Council oltherwise orders, a copy of each letter sent to the County Borough Council shall be forwarded to the County Borough Councillor(s) representing its ward.
29. FINACIAL MATTERS
a) The Council shall consider & approve financial regulations drawn up by the Responsible Financial Officer, which shall include detailed arrangements in respect of the following:
i) the accounting records & systems of internal control;
ii) The assessment & management of financial risks faced by the Council;
iii) The work of the Internal auditor & the receipt of reports from this auditor, which will be required at annually;
iv) The inspection & copying by Councillors & local electors of the Council`s accounts and/or orders for payment;
v) Procurement policies (subject to Standing Order 29(b) below) including the settings of values of different procedures where the contract has an estimated value of less that sixty thousand pounds (60,000.00).
b) ANY PROPOSED CONTRACT FOR THE SUPPLY OF GOODS, MATERIALS, SERVICES & THE EXECUTION OF WORKS WITH AN ESTIMATED VALUE IN EXCESS OF SIXTY THOUSAND POUNDS (60,000.00) SHALL BE PROCURED ON THE BASES OF A FORMAL TENDER AS SUMMARISED IN STANDING ORDER 29© BELOW.
c) Any formal tender process shall comprise of the following steps:
i) A public notice of intention to place a contract to be placed in a local newspaper;
ii) A specification of the goods, materials, services & the execution of works shall be drawn up;
iii) Tenders are to be sent, in a sealed envelope, to the Proper Officer by a stated date & time;
iv) Tenders that have been submitted must remain sealed until the stated date & time and after this date & time are opened by the Proper Officer and at least one (1) member of the Council.
d) Neither the Council, nor any committee, is bound to accept the lowest tender, estimate or quote.
e) WHERE THE VALUE OF THE CONTRACT IS LIKELY TO EXCEDD ONE HUNDRED & THIRTY EIGHT THOUSAND, EIGHT HUNDRED & NINETY THREE POUNDS (138,893.00) (OR OTHER THESHOLD SPECIFIED BY THE OFFICE OF GOVERNMENT CONTRACTS REGULATIONS 2006 (SI no. 5 as amended) AND THE UTILITIES CONTRACTS REGULATIONS 2006 (SI no. 6 as amended) APPLY TO THE CONTRACT AND IF EITHER OF THESE REGULATIONS APPLY) THE COUNCIL MUST COMPLY WITH EU PROCUREMENT RULES.
30. ALLEGATIONS OF BREACHES OF THE CODE OF CONDUCT
a) Any breach or alleged breach of the Code of Conduct by a Councilloor must be referred to the Public Ombudsman for wales who will provide advice & guidance as to how the matter should be dealt with.
31. VARIATION, REVOCATION AND SUSPENSION OF STANDING ORDERS
a) Any or every part of the Standing Orders, except those that are mandatory by law, may be suspended by resolution in relation to specific items of business.
b) A motion to add to or vary one (1) or more of the Council`s Standing Orders, not mandatory by law, shall be proposed by a special motion, the written notice of which bears the names of at least two (2) Councillos.
32. STANDING ORDERS TO BE GIVEN TO COUNCILLORS
a) The Proper Officer shall provide a copy of the Council`s Standing Orders to a Councillor upon delivery of his/her declaration of acceptance of office.
b) The Mayor`s decision as to the application of Standing Orders shall be final.
c) A Councillor`s failure to observe Standing Orders more than three (3) times in one (1) meeting may result in he/she being excluded from that meeting in accordance with Standing Orders.