CLAXTON PARISH COUNCIL STANDING ORDERS - MARCH 2013 (REVISED JAN 2014, SEP 2015, JULY 2016)
CONTENTS
GENERAL PROCEDURES
Meetings
Code of Conduct (Adopted: 25 Jul 2012)
Procedure for co-opting a Councillor (Adopted: 19 Sep 2012)
Procedure for responding to requests for information (Adopted: 19 Sep 2012)
Statement on Equal Opportunities (Adopted: 19 Sep 2012)
Planning Applications
Disciplinary and Grievance Policy (Adopted: 19 Sep 2012)
Handling Complaints (Adopted: 19 Sep 2012)
Retention of Documents
FINANCIAL CONTROLS
Expenses and Allowances
Bank Accounts
Procedure for agreeing the Annual Budget (Adopted: 19 Sep 2012)
Internal Audit
APPENDICES (SEPARATE DOCUMENTS)
ACode of Conduct
BFreedom of Information Policy
CDisciplinary and Grievance Policy
DComplaints Policy
First Approved:March 2013
First Revision:January 2014
Second Revision:September 2015
Third Revision:July 2016
GENERAL PROCEDURES
Meetings
1. There shall be regular Parish Council meetings in January, March, July, September and November each year, with the Annual Meeting of the Council usually taking place in May each year. The Annual Parish meeting must be held between 1 March and 1 June each year and can be held on the same date as the Annual Council Meeting provided there is a minimum 2-minute interval between meetings.
2. Notification of all Council meetings requires a minimum of 3 days' notice, excluding the day of issue and day of meeting (ie 5 days in all). The Annual Parish Meeting requires a minimum of 7 days' notice, excluding the day of issue and day of meeting (ie 9 days in all). Sundays, part of the Christmas or Easter break or bank holidays do not count. Notice takes the joint form of a hard copy document on the Council notice board and on the website.
3. With the exception of the Annual Parish Meeting a minimum of 3 Councillors must be present to achieve a quorum. Otherwise the meeting is inquorate and cannot proceed. Should any Councillor absent him/herself owing to a declaration of interest and thus reduce the number of Councillors to less than 3, the meeting must be adjourned or the item postponed to a later, quorate meeting.
4. The Agenda for each meeting is drawn up by the Clerk and cleared with the Council. Only items specifically contained in the agenda for any meeting can be decided at that meeting. Any items introduced by a Councillor or during, eg Parishioners' Questions, cannot be approved or decided until the next meeting at the earliest.
5. The Council welcomes the public to its meetings. In fact by law members of the public and the pressmust be admitted to all meetings of the full council and its committees. Meetings shall be open to the public/press unless their presence is prejudicial to the public interest by reason of the confidential nature of the business to be transacted or for other special reasons. The public/press’s exclusion from part or all of a meeting shall be by a resolution which shall give reasons for their exclusion. Since August 2014 the sound and/or video recording of Council meetings is permitted except where the public/press has been excluded.
6. However, the law does not allow members of the public to take part in the debates. This Council, like many other parish and town councils in England and Wales, gives members of the public who are parishioners (ie on the Electoral Roll) an opportunity to speak at some point during the meeting. We do this by temporarily adjourning the meeting, allowing the public plus our District and County Councillors an opportunity to speak, with a limit of 3 minutes for each speaker. Any non-parishioners may only speak with the express agreement of the Council at the time.
7. Subject to Standing Orders indicating otherwise, anything authorised or required to be done by, to or before the Chairman may in his/her absence be done by, to or before the Vice-Chairman (if any). The Chairman, if present, shall preside at a meeting. If the Chairman is absent from a meeting, the Vice-Chairman, if present, shall preside. If both the Chairman and the Vice-Chairman are absent from a meeting, a Councillor as chosen by the Councillors present at the meeting shall preside at the meeting. Under no circumstances can the Clerk chair any meetings.8. The minutes of a meeting shall record the names of councillors present and absent. They shall be published on the Council noticeboard and website, and are subject to agreement at the next meeting. Once agreed they shall be signed (by the Chair) at the next meeting, and cannot subsequently be amended.
9. Decisions shall be taken by a simple vote of the Councillors present including the Chairman. If the vote is tied, the Chairman may exercise a second (casting) vote.
GENERAL PROCEDURES
Code of Conduct (Adopted: 25 Jul 2012)
1. Claxton Parish Council has adopted the model Code of Conduct, a copy of which can be requested from the Clerk. This can be provided electronically or in hard copy, though the latter will attract a charge to cover printing costs of 10p per A4 printed side. Claxton's Code of Conduct is also published on the village website.
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GENERAL PROCEDURES
Procedure for co-opting a Councillor (Adopted: 19 Sep 2012)
1. On receipt of written confirmation of the resignation of a Councillor, the Clerk (or, in his absence, the Chair) will inform the electoral services officer at South Norfolk District Council, who will set in train the process for advertising a potential election to replace the resigned Member. If there is no call by 10 electors for an election, Claxton Parish Council will seek to co-opt a replacement Member as follows:
- Notices advertising the vacancy will be placed on the Parish Council noticeboard and on the Parish website giving at least 2 weeks for prospective co-optees to express their interest to the Chair.
- If more than one expression of interest is received during the stipulated period, the Chair will call a special meeting of the Council with the sole purpose of interviewing the candidates. Candidates will be invited to present themselves for consideration. At the end of the meeting the successful candidate will be chosen by a simple majority of the continuing Members present.
2. The successful candidate will normally be invited to take his/her seat, sign the acceptance of office and complete the Register of Interests at the next available full meeting of the Parish Council. The Clerk will inform South Norfolk District Council of the name and address of the successful candidate.
3. If seats remain unfilled within the first 35 days following a Parish Council election there is no requirement to advertise, and they can be filled by a simple process of agreement by the existing Councillors.
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GENERAL PROCEDURES
Procedure for responding to requests for information (Adopted: 19 Sep 2012)
1. 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 of Information Act 2000. Copies of this policy can be provided at the rate of 10 pence per A4 printed side (monochrome) or 20 pence (colour). The policy is also published on the village website.
2. Correspondence from, and notices served by, the Information Commissioner shall be referred by the Proper Officer (the Clerk) to the Chair of the Council. The 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 paragraph 1 above.
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GENERAL PROCEDURES
Statement on Equal Opportunities (Adopted: 19 Sep 2012)
1. Claxton Parish Council is committed to the principle of equal opportunities and declares its opposition to any form of less favourable treatment, whether through direct or indirect discrimination accorded to the general public including on the grounds of their race, religious beliefs, creed, colour, disability, ethnic origin, nationality, marital/parental status, sex or sexual orientation. This policy applies equally to paid employees and unpaid members (Councillors and co-opted Sub-Committee members). The policy is also published on the village website.
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GENERAL PROCEDURES
Planning Applications
1. The Clerk receives all Planning Applications falling within or near the Parish from South Norfolk District Council, and also receives a full list of new Planning Applications from the Broads Authority each week by e-mail. Any Applications which fall within the Parish or on its close boundaries are forwarded to all Councillors by e-mail. The Clerk will note the closing date for any responses.
2. The response period for applications is 3 weeks which often does not allow consideration in a full Council meeting, since these are at intervals of 2 months. In such instances, the procedure will be:
- On receipt of a planning application from the Local Planning Authority (usually South Norfolk District Council but occasionally the Broads Authority or Norfolk County Council) the Clerk will inform the Chair who will convene a subgroup of three Councillors who do not have a prejudicial interest in the matter (that is, are not neighbours or relatives of the applicant).
- The subgroup will arrange to meet on site. The time of the site meeting will be publicised on the Parish noticeboard at least 4 days prior to the meeting.
- Neighbours to the applicant will be consulted and anyone may attend the site meeting to make a representation. Anyone who wishes to see the application may either contact the Local Planning Authority or inspect it by arrangement with the Clerk.
- The subgroup will direct the Clerk who will respond appropriately to the Local Planning Authority.
3. All actions above will be noted formally at the next regular Council meeting.
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GENERAL PROCEDURES
Disciplinary and Grievance Policy (Adopted: 19 Sep 2012)
1. Claxton Parish Council has adopted its own policy for dealing with grievances and disciplinary matters. A copy can be requested from the Clerk. This can be provided electronically or in hard copy, though the latter will attract a charge to cover printing costs of 10p per A4 printed side. The policy is also published on the village website.
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GENERAL PROCEDURES
Handling Complaints (Adopted: 19 Sep 2012)
1. Claxton Parish Council has adopted its own policy for handling complaints. A copy can be requested from the Clerk. This can be provided electronically or in hard copy, though the latter will attract a charge to cover printing costs of 10p per A4 printed side. The policy is also published on the village website.
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GENERAL PROCEDURES
Retention of Documents
1. Table showing the minimum period of retention of documents required for the audit of any Parish Council. Not all the areas listed below are relevant in Claxton (eg burial grounds).
Document / Minimum retention period / ReasonMinute Books / Indefinite / Archive
Scales of fees and charges / 5 years / Management
Receipt & Payment (or Income & Expenditure) Accounts / Indefinite / Archive
Receipt books of all kinds / 6 years / VAT
Bank statements, including deposit/savings accounts / Last completed audit year / Audit
Bank paying-in books / Last completed audit year / Audit
Cheque book stubs / Last completed audit year / Audit
Quotations and tenders / 12 years/indefinite / Statute of Limitations
VAT Invoices / 6 years / VAT
Paid cheques / 6 years / Statute of limitations
VAT Records / 6 years / VAT
Petty cash, postage, telephone books / 6 Years / Tax, VAT, Statute of Limitations
Timeprinted sides / Last completed audit year / Audit
Wages books / 12 years / Superannuation
Insurance polices / While valid / Management
Investments / Indefinite / Audit, Management
Title deeds, leases, agreements, contracts / Indefinite / Audit, Management
Members' allowance register / 6 years / Tax, Statute of Limitations
For halls, centres and recreation grounds
- Application to hire
- Lettings diaries
- Copies of bills to hirers
- Record of tickets issued / 6 years / VAT
For allotments
Register and plans / Indefinite / Audit, Management
For burial grounds
- Register of fees collected
- Register of burials
- Register of purchased graves
- Register/plan of grave spaces
- Register of memorials
- Applications for internment
- Applications for right to erect memorials
- Disposal certificates
- Copy certificates of grant of exclusive right of burial. / Indefinite / Archives
Cemeteries orders
Cremations regulations
FINANCIAL CONTROLS
Expenses and Allowances
Councillors
1. Any Councillor may claim for mileage when using their private car to attend official Council events (including regular meetings) and when undertaking pre-approved training. This may be claimed at the rate of 45p per mile, which is the maximum amount approved by HM Revenue and Customs before tax is payable.
2. Any Councillor should seek guidance in advance through the Clerk for any other expenditure they wish to reclaim.
Clerk
3. The Clerk is paid on the national scale for Local Council Clerks. As a part-time employee, he has been paid since appointment on 1 May 2012 at Spinal Column Point 18, which following the 2016-17 Pay Award is £9.299 per hour gross. He is paid for 4 hours work per week, averaged over the year. Annual increments may be awarded depending on satisfactory performance and/or the acquisition of relevant qualifications (eg CiLCA).
4. The Clerk is also able to claim job-related expenses, including the following:
- Use of his home as the Clerk's place of work, use of telephone and internet and wear and tear on his personal computer and printer, at a rate of £4 per week, which is the non-taxable rate set out in HM Revenue and Customs guidance note EIM32815.
- Travel on official Parish Council business at the rate of 45p per mile, as for Councillors (para 1 above).
- Home photocopying/printing on the Parish's behalf, at the rate of 10p per A4 printed side. This also covers the cost of print cartridges, paper and envelopes.
- Stationery and office equipment (storage boxes, folders etc) used for Parish Council business, the cost of which will be reimbursed against receipts.
5. The Clerk will generally have a stock of second-class stamps for routine postage and will be reimbursed the cost when these are replaced, as well as for any other postage costs (eg for large envelopes), all against receipts.
6. The costs of any formal training undertaken by the Clerk will normally be met directly by the Council. However on occasions the Clerk may reclaim such costs if they were met initially by him.
7. Salary and administration expenses claims shall be submitted every two months to coincide with an upcoming Council meeting (where the payments are approved and cheques signed). Thus a claim for June and July salaries and May-June administration costs would be considered at the regular Council meeting in July. Before this the Clerk will have accessed HMRC's online PAYE system to calculate income tax due under the PAYE system. Cheques to HMRC for income tax are sent once a quarter only.
FINANCIAL CONTROLS
Bank Accounts
The Council maintains a cheque account with Barclays plc (Harleston Branch) through which all receipts and payments pass. The correspondence address is the Council’s place of business (currently the private address of the Clerk). The authorised signatories shall be at least three current Councillors. The chequebook, paying-in book and all documentation shall be kept by the Clerk. All receipts should be passed as soon as possible to the Clerk for deposit into the current account. All payments made shall be by cheque, each cheque to be individually approved at a meeting of the Council and recorded as ‘resolved’ in the minutes and signed by two signatories, those signatories also to initial the stub and the invoice. Occasionally monies will be received in cash. No payments shall ever be made in cash.
An urgent payment may be made by the Clerk with the prior approval of the Chairman (or the chair of the most recent meeting) and one other Councillor, a record of the payment and approvals to be kept and reviewed (as ‘urgent business’ if necessary) at the next meeting of the Council. Urgent payments between any two meetings of the Council shall not exceed either £200 in total or the amount required to cover any insurance renewal premium falling due whichever is the greater.
The Council may resolve from time to time to establish and maintain savings accounts and/or trust funds. All payments into and out of savings accounts require a resolution of a meeting of the Council.
All payments into and out of the current account shall be recorded by the Clerk in a cash book or computerised equivalent; in the latter case a paper copy to be affixed into a cash book at least annually to form a permanent record.
Any payment into or out of the Council’s accounts shall be supported by appropriate documentation such as an invoice, receipt, remittance advice, despatch note showing amount paidor in the exceptional absence of documentation a written description of the payment certified by the Clerk.
VAT will be accounted for and reclaimed in line with currently applicable regulations.
The Clerk will present income and expenditure statements to regular meetings of the Council and monitor the totals disbursed against the Council’s budget for the applicable financial year, alerting the Council to any significant variance.