STANDING ORDERS FOR CHITTLEHAMPTON PARISH COUNCIL
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. Clerk to the Parish Council
2.1. 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.
2.2. 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.
2.3. The Clerk will act as Responsible Financial Officer or be responsible for managing a Finance Officer or other employees of the Council.
2.4. 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.
3. Ordinary Meetings
3.1. Meetings will be held in appropriate, accessible accommodation. Unless no other accommodation is available free of charge or at a reasonable cost 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, date and business to be transacted at the meeting. The notice will be posted at least three clear working days before the meeting. The minimum three clear days for notice of a meeting does not include the day on which notice was issued, the day of the meeting, a Sunday, a day of the Christmas break, a day of the Easter break or of a bank holiday or a day appointed for public thanksgiving or mourning.
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. Subject to standing order 3.6, a person who attends a meeting is permitted to report on the meeting whilst the meeting is open to the public. To “report” means to film, photograph, make an audio recording of meeting proceedings, use any other means for enabling persons not present to see or hear the meeting as it takes place or later or to report or to provide oral or written commentary about the meeting so that the report or commentary is available as the meeting takes place or later to persons not present.
3.6. A person present at a meeting may not provide an oral report or oral commentary about a meeting as it takes place without permission.
3.7. Members of the public may speak at Council meetings at the discretion of the Chairman of the meeting.
3.8. 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.
3.9. 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.
3.10. 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.
3.11. The quorum for the Council will be one third of the total Councillor places but in any case not fewer than 3. If a meeting is or becomes inquorate no business shall be transacted and the meeting shall be closed. The business on the agenda for the meeting shall be adjourned and a fresh notice will be issued to reconvene the meeting at a later date.
3.12. 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.
3.13. All questions at a meeting shall be decided by a majority of the Councillors and non-Councillors with voting rights present and voting.
3.14. The Chairman of a meeting may give an original vote on any matter put to the vote and in the case of an equality of votes may exercise his casting vote whether or not s/he gave an original vote.
3.15. At the request of a Councillor, the voting on any question shall be recorded so as to show whether each Councillor present and voting gave his vote for or against that question. Any request of this nature must be made before moving on to the next business.
3.16. Minutes of the meeting will be kept by the Clerk or other nominated person in the Clerk’s absence. The minutes which are circulated will be draft minutes until they are approved by the Parish Council at their next meeting and signed by the person presiding at that meeting.
3.17. With regard to planning applications - if there is a personal interest a statement can be made to the Parish Council meeting but then the person must leave the meeting while discussions take place.
3.18. Decisions of the Council will not be revised within 6 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.
4. Annual Meetings
4.1. The Annual Parish Meeting must be held between 1st March and 1st June each year. The retiring Chairman will report on the activities of the Council for the preceding year.
4.2. If the Annual Parish Council Meeting is in an election year it must be held on or within 14 days following the day on which the Councillors elected take office. If it is not an election year then the Annual Parish Council Meeting will take place on a day in May as decided by the Parish Council.
4.3. Unless s/he has resigned or becomes disqualified, the outgoing Chairman will preside until a new Chairman has been elected.
4.4. The first business of the Annual Parish Council Meeting will be the election of the Chairman (and Vice-Chairman, if appropriate) and to receive an acceptance of office. If the current Chairman of the Council has been re-elected as a member of the Council, s/he may exercise an original vote in respect of the election of the new Chairman of the Council and shall give a casting vote in the case of an equality of votes. If the current Chairman of the Council has not been re-elected as a member of the Council, he/she shall not have an original vote in respect of the election of the new Chairman of the Council but shall give a casting vote in the case of an equality of votes.
4.5. Following the election of the Chairman of the Council and Vice-Chairman (if there is one) the business shall include:
§ In an election year, delivery by the Chairman of the Council and Councillors of their acceptance of office forms unless the Council resolves for this to be done at a later date.
§ In a year which is not an election year, delivery by the Chairman of the Council of his acceptance of office form unless the Council resolves for this to be done at a later date.
5. Extraordinary Meetings
5.1. The Chairman of the Council may convene an extraordinary meeting of the Council at any time.
5.2. If the Chairman of the Council does not call an extraordinary meeting of the Council within seven days of having been requested in writing to do so by two Councillors, any two Councillors may convene an extraordinary meeting of the Council. The public notice giving the time, place and agenda for such a meeting shall be signed by the two Councillors.
6. Emergency Business
6.1. Should it not be appropriate to convene a special meeting then any emergency business will be handled by the Clerk, in consultation with the Chairman and one other Councillor. Actions will be reported promptly to the Council.
7. Committees and Task and Finish Groups
7.1. 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.
7.2. The members of a committee may include non-councillors unless it is a committee which regulates and controls the finances of the Council.
8. Draft Minutes
8.1. If the Council’s gross annual income or expenditure (whichever is higher) does not exceed £25,000, it shall publish draft minutes of Parish Council and Committee meetings on a website which is publicly accessible and free of charge not later than one month after the meeting has taken place.
9.1. The Responsible Finance Officer (RFO) 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.
9.2. 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.
9.3. 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.
9.4. The RFO will determine all accounting procedures and financial records of the Council in accordance with the Accounts and Audit Regulations.
9.5. 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.
9.6. 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.
9.7. The RFO will submit the Annual Return to the External Auditor by the due date, ensuring the return is complete.
9.8. 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.
9.9. A resolution of the Council will nominate at least one member to be authorised by the Council to sign cheques.
9.10. 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. Cheques will be signed by one authorised Councillor.
9.11. Any utility bill may be paid by direct debit provided that the instructions are signed by one authorised Councillor.
9.12. All loans and investments will be negotiated in the name of the Council and will be set for a period approved by the Council.
9.13. 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.
9.14. 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.
9.15. An official purchase 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.
9.16. 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.
9.17. 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.
9.18. 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.
9.19. 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.
10.1. 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.
11. Risk Assessment
11.1. 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.
11.2. If the Council undertakes a new activity not covered by the existing risk assessment an assessment will be undertaken before the activity commences.
12. Responsibilities Under Data Protection Legislation
12.1. The Council shall have policies and procedures in place to respond to an individual exercising statutory rights concerning his personal data.
12.2. The Council shall have a written policy in place for responding to and managing a personal data breach.
12.3. The Council shall keep a record of all personal data breaches comprising the facts relating to the personal data breach, its effects and the remedial action taken.
12.4. The Council shall ensure that information communicated in its privacy notice(s) is in an easily accessible and available form and kept up to date.
12.5. The Council shall maintain a written record of its processing activities.
13. Freedom of Information
13.1. 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.
14. Standing Orders
14.1. 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.
14.2. 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 Devon Association of Local Councils (DALC).
14.3. 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.
These Standing Orders were adopted by Chittlehampton Parish Council at its meeting held on 8th May 2019.