1.
Councillors
1.1.
Following
election or co-option to the Council, each Councillor will be issued
with a
copy of the Code of Conduct and Standing Orders of the Council. They
will sign
the form of Declaration of Acceptance of Office in the presence of the
Clerk of
the Council, or of a Councillor who has been specifically designated by
the
Council for this purpose.
1.2.
All
Councillors will observe the Code of Conduct at all times when on
Council business
and no member will act in such a way that will bring the Council into
disrepute, behave offensively in meetings or obstruct the Council’s
business.
1.3.
The
Code of Conduct adopted by the Council will define when a Councillor
will
declare a personal or prejudicial interest in an item for discussion at
a
Council meeting. The Councillor will declare that interest and the
nature of
the interest at the earliest opportunity.
2.
Annual
Meetings
2.1.
If
the Annual Meeting is in an election year it must be held within 14
days after
that election. If it is not an election year then the annual meeting
will take
place on an appropriate day in May.
2.2.
If
the outgoing Chairman is available then he/she will preside until a new
Chairman has been elected. The first business of the Annual Meeting
will be the
election of the Chairman (and Vice Chairman, if appropriate) and to
receive
their acceptance of office.
2.3.
The
retiring Chairman will report on the activities of the Council for the
preceding year.
3.
Meetings
3.1.
Meetings
will be held in appropriate, accessible accommodation. Unless no other
accommodation is available the meetings will not be held in premises
used for
the supply of alcohol.
3.2.
An
agreed frequency of meetings will be decided at the Annual Meeting and
Councillors will be advised of the meetings by the issue of a summons
and
agenda delivered by post or by hand. The agenda may be delivered by
email
provided the Council has previously agreed to this. In any case the
agenda must
be issued at least three clear business days before the meeting.
3.3.
Public
notices will be posted in conspicuous places informing members of the
public of
the venue, time, and date of the meeting.
The business to be transacted will be published on the internet
at least
three clear working days before the meeting.
3.4.
Meetings
will be open to the public and press but they may be temporarily
excluded from
the meeting if the business is regarded as confidential.
3.5.
Members
of the public may speak at Council meetings at the discretion of the
Chairman
of the meeting.
3.6.
The
agenda for the meeting will be agreed by the Clerk, Chairman and Vice
Chairman
as appropriate. The agenda will always include an item to enable
Councillors to
declare interests. An opportunity for public questions will be made
available
immediately before the commencement of each meeting.
3.7.
The
Council may only take decisions on items clearly specified on the
agenda; if
agreed by the chairman, any urgent items which are not on the agenda
may be
discussed, but no decision may be made, at that meeting.
3.8.
The
Chairman of the Council will preside at the meeting and will be
responsible for
the conduct of that meeting. If the Chairman is not present then the
Vice
Chairman will preside. If they are not present then the first matter on
the
agenda will be the election of an appropriate Councillor who will chair
the
meeting. Whoever chairs the meeting will assume the duties of the
Chairman for
the meeting.
3.9.
The
quorum for the Council will be one third of the total Councillor places
but in
any case not fewer than 3. If there be insufficient members present
then no
business will be transacted and a fresh notice will be issued to
reconvene the
meeting at a later date.
3.10.
If
at any time during the meeting it ceases to be quorate then the meeting
will be
adjourned and any further business carried forward to the meeting when
next
convened.
3.11.
Voting
at the meeting shall be by a show of hands unless a majority of
Councillors
wants a ballot. Only the proposer and seconder will be recorded in the
minutes
unless a Councillor requests that their vote is noted. A Councillor may
also
request that the Clerk records how each Councillor has voted, including
abstentions. Any request of this nature will be made before moving on
to the
next business.
3.12.
In
cases of equal votes the Chairman (or other person presiding) will have
a
second or casting vote.
3.13.
A
minute of the meeting will be kept by the Clerk or other nominated
person in
the Clerk’s absence. The minutes will record any decisions made by the
Council.
Draft minutes will be circulated to Councillors as soon as practicable,
at the
latest within three weeks after the meeting. Councillors will supply
any
suggested amendments after which the amended unapproved draft minutes
will be
made available to the public. The minutes will then be approved at the
following meeting and signed by the person presiding at that meeting.
3.14.
An
additional meeting of full council may be convened at any time by the
Chairman
of the council. In addition, if two councillors sign a requisition for
a
council meeting to be convened, and the Chairman either refuses or
neglects to
do so for seven days, then any two councillors (not necessarily those
who
signed the requisition) may convene a meeting.
Subject to any standing orders made by the council, the
Vice-Chairman has
the same powers as the Chairman and can exercise these in the
Chairman’s
absence.
3.15.
The
time and date of a scheduled council meeting may be changed or the
meeting
cancelled by vote of the council. In
exceptional circumstances the time and date of a scheduled meeting may
be
changed by agreement of at least two of the Officers (see 10.2). If no Officers of the Council are available
agreement of two other Councillors is required to change the time or
date of a
meeting. The Standing Orders in regard
to notice of the meeting will still apply.
4.
Finance
4.1.
Responsible
Finance Office (RFO)
4.1.1.
The
Responsible Finance Officer is a statutory office and appointed by the
Council.
The Clerk of the Council will take on this role of managing the
Council’s
financial affairs in accordance with Proper Practices.
4.2.
Estimates
and Precept
4.2.1.
The
RFO will compile estimates of income and expenditure annually for the
Council’s
consideration. The Council will review the budget not later than the
end of
December in preparation for the precept being agreed, and submitted to
the
Collection Authority in January. During the year the budget will be
reviewed
against actual expenditure and income. Amendments to the budget will be
discussed in Council and changes minuted.
4.3.
Income and
Expenditure
4.3.1.
The
RFO will supply regular updates of income and expenditure throughout
the year
and detail actual figures against estimate. Significant underspends or
overspends will be brought to the attention of the Council and action
taken to
address any discrepancies. Underspent revenue will be identified and
earmarked
to reserves by a Council resolution.
4.4.
Accounting
and Audit
4.4.1.
The
RFO will determine all accounting procedures and financial records of
the
Council in accordance with the Accounts and Audit Regulations.
4.4.2.
The
RFO will complete the annual financial statements of the Council
including the
annual return as soon as practicable after the end of the financial
year and
will submit and report on them to the Council. The Council will review
each
year and ensure that there is an adequate, effective system of internal
audit
of the Council’s accounting, financial and other procedures in line
with Proper
Practice.
4.4.3.
An
Internal Auditor will be appointed by the Council to carry out the work
required to comply with the Proper Practice. The person appointed will
be
competent and independent of the operation of the Council.
4.4.4.
The
RFO will submit the Annual Return to the External Auditor by the due
date,
ensuring the return is complete.
4.5.
Banking
Arrangements and Cheques
4.5.1.
The
Council’s banking arrangements, including the Bank Mandate, will be
made by the
RFO and approved by the Council. They will be regularly reviewed for
efficiency.
4.5.2.
The
Council may make payments by cheque or electronic methods.
4.5.3.
A
resolution of the Council will nominate at least three members to be
authorised
by the Council to sign cheques or electronic payment mandates.
4.5.4.
All
items of expenditure will be authorised by the Council and the payments
approved. The RFO will examine invoices and verify and certify the
expenditure.
Payment authorities must be signed by two authorised Councillors.
4.5.5.
Where
an urgent payment is required, the RFO may seek authority by e-mail
from two
authorised Councillors to carry out an electronic transaction. The transaction must be confirmed as soon as
practical by signature of the authorised councillors on the mandate
form. Copies of the authorising e-mails
must be
associated with the signed mandate form.
4.5.6.
Any
utility bill may be paid by Direct Debit provided that the instructions
are signed
by two authorised Councillors.
4.5.7.
Where
a Council bank account is authorised for electronic banking an
authorised
signatory must examine the account details on line and confirm that the
figures
produced by the RFO at each Council meeting are in accord with the
details held
on the account.
4.6.
Loans and
Investments
4.6.1.
All
loans and investments will be negotiated in the name of the Council and
will be
set for a period approved by the Council.
4.6.2.
All
borrowings will be in the name of the Council and will not be entered
into
until necessary approvals have been given. Any application will be
approved by
Council, especially the terms and purpose. These terms must be reviewed
annually.
4.6.3.
All
investments of money under the control of the Council will be in the
name of the
Council and all certificates or other documents will be retained by the
RFO.
4.7.
Contracts
and Purchase Orders
4.7.1.
An
official order or letter will be issued for all work or service paid
for by the
Council. All Councillors and officers are responsible for obtaining
good value
for money at all times. An officer placing an order on behalf of the
Council
will ensure that good value and appropriate terms are obtained for the
transaction.
4.7.2.
Orders
for values £500 to £2000 require a minimum of two quotations; for
values above
£2000 three quotations are required. Contracts exceeding £50,000
require
additional safeguards and will follow Proper Practice.
4.7.3.
All
estimates will be approved by the Council; while the Council is not
obliged to
accept the lowest quotation the reasons for accepting the quotation
will be
recorded.
4.8.
Assets
4.8.1.
The
RFO will ensure that an appropriate and accurate Register of Assets is
maintained by the Council. It will be reviewed at least annually, in conjunction with a health and
safety inspection of assets if appropriate.
4.9.
VAT
4.9.1.
The
RFO will promptly complete any VAT Return that is required. Any
repayment claim
due in accordance with the VAT Act 1974 section 33 will be made at
least
annually coinciding with the financial year.
5.
Insurance
5.1.
Following
the annual
risk assessment the Council will review the level of insurance cover
and ensure
it is adequate and appropriate for the activities of the Council.
Minimum cover
will include Public Liability, Employers Liability, Money
and Fidelity Guarantee.
6.
Risk
Assessment
6.1.
A
risk assessment will be undertaken annually of all the activities of
the
Council and a report approved by the Council. This assessment will also
cover
the appropriateness of the internal audit arrangements. The Risk
Assessment
will be reviewed annually.
6.2.
If
the Council undertakes a new activity not covered by the existing risk
assessment an assessment will be undertaken before the activity
commences.
7.
Freedom of
Information
7.1.
The
Council is subject to the Freedom of Information Act and has adopted
the Model
Publication Scheme for Parish Councils. The Clerk will ensure the
Council
conforms to the requirements of the Act allowing public access to the
appropriate documents.
8.
Clerk to
the Council
8.1.
The
Council may appoint a number of employees to assist it in the
performance of
its duties. The Council will appoint a Clerk to the Council which will
be on an
employed basis, unless the Clerk is a member of the Council, acting in
an
unpaid capacity.
8.2.
The
Clerk will act as the Proper Officer of the Council, and he/she will:
receive
the Declarations of Acceptance of Office and notices disclosing
interests; sign
documents on behalf of the Council and issue agendas and notices of
meetings;
receive and distribute plans and documents on behalf of the Council;
and also
advise the bank of changes to mandates with the bank.
8.3.
The
Clerk will act as Responsible Financial Officer or be responsible for
managing
a Finance Officer or other employees of the Council.
8.4.
As
an employee of the Council the Clerk is covered by employment
legislation
dealing with employment rights, discrimination in employment, unfair
dismissal,
redundancy and similar matters. The Clerk will therefore have a
contract of
employment stating the terms and conditions under which he/she is
employed.
This will effectively be administered by the Chairman or designated
Councillor
acting with the authority of the Council.
9.
Committees
and task and finish groups
9.1.
The
Council from time to time may set up committees and task-and-finish
groups to
undertake work on behalf of the Council. The Council will set their
Terms of
reference, and they will report periodically to the Council.
10.
Emergency
Business
10.1.
Should
it not be appropriate to convene a special meeting then any emergency
business
will be handled by at least two of the Officers of the Council in
consultation. If only one Officer of the
Council is available that Officer must consult at least two other
Councillors.
Actions will be reported promptly to the Council.
10.2.
The
Chair, Vice-Chair and Clerk will become Officers of the Council when
they take
up those positions and will cease to be Officers when they relinquish
their
positions.
11.
Alteration
or Reversal of previous decisions
11.1.
Decisions
of the Council will not be revised within 4 months, except where a
special item
is placed on the agenda bearing the name of two Councillors, and is
considered
and approved by the Council.
12.
Standing
Orders
12.1.
These
and any other standing orders will be reviewed annually by the Clerk
and the
Chairman, and any amendments will be decided by the Council.
12.2.
During
the course of meetings of the Council, the Chairman’s decision as to
the
interpretation of the standing orders will be final. In cases of doubt,
the
Council will seek the advice of the Northumberland Association of Local
Councils.
12.3.
The
Council may resolve to suspend a Standing Order, in order to progress
the
business of the Council, and such decision will be included in the
minutes. The
suspension will not be taken lightly and it will be time-limited.
13.
Co-opting
of councillors
13.1
If
following the election of the council, or at any other time, the number
of
councillors is less than 10 then the council has a duty to fill the
vacancies.
13.2
When
a vacancy arises this will be raised at the next meeting of the
council.
Following the meeting the clerk will place notices on the Parish
Council notice
boards indicating the vacancy or vacancies and noting that an election
will be
called if 10 or more electors notify the Northumberland County Council
Returning Officer in writing requesting such election.
13.3
If
an election is not to be held the clerk will publish notices asking any
elector
who wishes to be considered for co-option to submit their names in
writing
together with a brief resume to the clerk within 21 days of the date of
the
notice.
13.4 The clerk will distribute the names of all applicants together with copies of their resumes to all councillors with the agenda of the next meeting. The clerk will ask the applicants to attend the meeting.
13.5 The matter of the co-opting of new councillors will be placed on the agenda immediately after the confirmation of the minutes of the last meeting.
13.6 The applications will be considered by the council and questions may be asked, through the chair, of the applicants.
13.7 If there is more than one vacancy and the number of candidates equals the number of vacancies, all the vacancies may be filled by a single composite resolution. But if the number of candidates exceeds the number of vacancies, each vacancy must be filled by a separate vote or series of votes. The person co-opted must receive a majority of the votes of those Councillors present and voting at the meeting where the co-option takes place. If there is more than one candidate a vote will be held amongst members present. This is done by successive counts to eliminate the least successful candidate until the successful candidate has an absolute majority of those present and voting. Councillors can only vote if they are present at the meeting. The vote is undertaken by secret ballot but the result must be announced and any Councillor can ask for a recorded vote at any time. If there is an equality of votes at any time, the Chairman must use his/her casting vote.
13.8 Once an applicant has been co-opted onto the council they able to participate in the business of the meeting. Co-opted members have the same status and responsibility as elected Councillors once they are appointed and have signed the declaration of acceptance of office. Councillors appointed by the Council hold office until the next ordinary election.
These
Standing Orders were adopted by the Craster Parish Council at a meeting
of the
Council held on 19th. May 2016.