The Council’s procedures are governed by its Constitution. This is supplemented by the approved Working Practices explained below which affect the operation of the Committee process or impact upon individual members. These Working Practices do not form part of the Constitution but are reproduced here for convenient reference.
The functions of Executive Members (including their powers of individual decision making) are set out in detail in Part 3 of the Constitution. There are also arrangements for the taking of Executive decisions in the absence of the assigned Executive Member.
In addition to those formal arrangements an Executive Member may request an Executive Support Member or other Member of the Council to represent him/her at any approved conference or other function or event which the Executive Member is unable to attend.
Pre-agenda meetings with a Chairman or Vice-Chairman of a Committee to determine the business to be considered at a meeting are not permitted.
Briefing meetings are only to be held — to which the Chairman and Vice Chairman should be invited — to discuss administrative arrangements for the meeting and should normally be held on the same day as the meeting in question.
This arrangement does not apply to briefing meetings for the County Council to which Party Group Leaders and Secretary Whips will be invited. Nor does it preclude an Executive Member or the spokesperson of any group from seeking his/her own personal briefing from a Chief Officer.
This Working Practice does not apply to any Joint Committee.
Arrangements for convening meetings of committees or working parties or for varying the date or time of any meeting included in the Council’s approved calendar must be agreed by the Chairman and the Vice Chairman. Before seeking the agreement of the Chairman and Vice Chairman, Officers will attempt to seek the views of opposition groups represented on that body (e.g. Deputy Chairmen). In the case of the Standards Committee only, the Vice-Chairman should also be consulted.
This Working Practice does not apply where the revised date is agreed at a meeting of the committee or working party itself, provided all groups are present, nor does it apply to any Joint Committee or to any Group convened by an Executive Member.
In line with the Council’s Constitution, the Leader has responsibility for approving the running list (the ‘Forward Plan) of matters to be considered by the Executive and for determining the agenda for meetings of the Executive.
In so doing the Leader will consult with other Executive Members to ensure that all relevant matters requiring a decision of the Executive are considered at the appropriate time. The Forward Plan will be submitted to and agreed by the Executive at each meeting.
The Constitution provides for non-Executive Members of the Council to ask the Leader to include an item on the agenda for a meeting of the Executive. The Leader will normally accede to such a request provided he/she is persuaded that the item is not intended simply to elicit information or to facilitate the making of a presentation.
The wording of any motion or amendment proposed by a member at a committee or working party which is not accepted may be recorded in full in the minutes of that meeting if the Member so requests by completing the appropriate form provided for that purpose.
When at any meeting of the Council, the Executive or a committee or working party a member who has moved a motion or amendment fails to secure a seconded, the Chairman of that meeting will, as a matter of course, formally second the motion or amendment in order to facilitate debate.
The minute of a decision which is within the delegated powers of a committee will be starred. For Committees other than the Executive, the Council may only amend or agree a different course of action if the starred minute has not yet been acted upon. In order to remove a star that has been properly applied to a minute a vote by 23 members in favour is formally required but in practice it is sufficient for the Leader of a Political Group to indicate that he or she wishes the star to be lifted.
In the case of the Development Control Committee there is an expectation that an individual planning application should be dealt with by that Committee and not referred to full Council for determination. Decisions which involve the formulation of new policy or the variation of existing policy will however be unstarred.
There are two commonly used terms to describe Members Groups on the Council. These are ‘Political Groups’ and ‘Party Groups’.
Political Groups are established in accordance with the Local Government and Housing Act 1989 for the purpose of appointing members to committees and allowances. The Council has in addition delegated to the Whips and Secretaries of those Groups responsibility for:
The term Party Group is used to describe a Group of Members of the same political persuasion only. Presently that description only applies to the Liberal Democrat, Conservative and Labour Groups on the Council.
The distinction between a Political Group referred to above as defined by the 1989 Act (for the purposes of political balance on committees and allocating special responsibility allowances) and a Party Group (a number of members of a particular political persuasion) cannot be over emphasised.
At meetings of the County Council members are seated in accordance with a formal seating plan agreed with the Party Whips and Secretaries which respects each Group's political integrity.
At Committees, different seating arrangements apply for different types of meeting to reflect the work they do. However, it is nearly always the case that Members of the same group will sit in close proximity to each other though that is not a requirement.
Members attending committee meetings under Standing Order 25(2) are expected to sit, where possible, at the back of the room coming forward to sit at the table to speak to the Committee (if invited to do so).
Press releases will be prepared in line with the Council’s Communications Protocol, as approved by the Procedures Committee, reflecting the Council’s current political arrangements and consistent with the Government’s Code of Practice for Local Authority Publicity.
In addition:
Copies of all representations sent on behalf of the County Council to outside bodies including Ministers, Government Departments, the Local Government Association, the European Community/Union and MPs or MEPs will — together with any responses received — be made available in the Members' Lounge and in each of the Party Group Rooms prior to their being reported to the relevant Committee(s).
Copies of responses shall also be sent as a matter of course to all Members of the Council, via email.
Representations made to the County Council or Committee about a matter to be considered will be reported by the Chief Officer (in writing or orally, indicating the number and nature of the representations received) who will also ensure that copies of any such letters or representations received are available for inspection by members.
If a decision is referred to another Committee or the full Council then any representations reported to the "original" meeting must also be reported in writing.
An Overview/Scrutiny Committee may invite representatives of another organisation to make a presentation. Schemes already operate for Members of the public to ask questions or make submissions to the Executive, Standards or Development Control Committees. Over and above these, individuals or deputations should not address a committee.
Where notification is received of a deputation wishing to present a petition (or other form of representation) to a Committee the Committee Secretary will consult with the Chairman of that Committee, or the relevant Executive Member, and spokespersons for that committee about arrangements for representatives of all Groups to meet the deputation to accept the petition or other representation before the Committee meets.
Where in accordance with Article 3 of the Council’s Public Participation Rules a petition is received the Executive, Committee or relevant Director will respond to the issues raised in that petition within a period of 28 days or otherwise indicate when a response will be forthcoming.
All Councillors will be sent electronically, by email, the agenda sheets for all meetings of all Committees and will be informed of individual items which are identified as affecting an area or matter within their electoral division.
Members can also be provided with any other reports referred to therein, on request. The agenda and reports of all of the Executive and major committees of the Council will be published on the Council’s website ‘Information Devon.’
Where a Member is unable to attend any meeting of a Committee of the Council he/she may submit his/her views in writing and these will be reported to the meeting.
County Councillors will be notified of any site inspection or formal member meeting taking place in their electoral division and may attend, if they so wish, and take part.
County Councillors will also be notified of any visit by the Chairman of the Council, a Committee Chairman or Executive Member to a County Council site or establishment in their area and where a Chairman or Executive Member is taking part in an official function, visit or event whether or not organised by Council in his or her capacity as Chairman or Executive Member.
Where such a meeting is arranged by a third party every effort will be made to ensure the local member is made aware of the event and, if possible, invited.
This does not apply where a Chairman/Executive Member is visiting an area or establishment informally or on a casual basis or as part of a 'familiarisation' or 'getting to know you' process.
Officers will also keep members informed about any issues or services which affect their divisions and will alert members at the earliest possible stage of any matter or development proposal that is likely to be submitted to a Committee of the Council.
The Council’s current code of practice (for employees) stipulates that files/documents should not normally be sent electronically as attachments but that alternative methods, such as links to webpages or shortcuts, should be used which allows the recipient to see the document but does not create multiple copies and fill up the Servers.
It is acknowledged that this practice is only effective where recipients are working on-line or have access to specific parts of the network. That is not currently the case for Councillors and when working off-line (as the majority of Councillors do) the most effective means of sending files/documents is as an attachment.
Incorporating the file/document into the email itself will neither solve the problems encountered by Councillors in the time taken to log-on/synchronise or in managing their Mail Boxes nor will it necessarily reproduce the document in its original form, which may itself create difficulties.
Where Members of the Council all receive an identical approach from a third party it would be prudent to reply indicating that to avoid conflicting or confusing answers the query/correspondence would be passed direct to the County Solicitor to respond on behalf of the Council.
The County Council has agreed the following principles to be followed in distributing information to members of the Council.
When Information is asked for by a Member
If it is purely a local constituency problem or question of fact a reply will only be sent to the member raising the question.
If the issue raised impinges on the policy of a specific Executive Member holder or Committee the member will be advised that, unless he or she has asked that the exchange of correspondence be confidential, a copy of the correspondence will be sent to the appropriate Executive Member /Committee Chairman and spokespersons.
Information Prepared by an Officer for an Executive Member or Chairman of a Committee
If the information is provided at the request of the Executive Member or Chairman it will not be further distributed. If the information being provided also raises questions of appointments or nominations by a Committee, the Group Whips/Secretary will be advised. If the information provided for an Executive Member /Chairman is general information relating to a particular area of the County then a copy will be sent to the Local Member(s) for information.
Rights Under the General Law
A Member also has a right to see papers where he/she genuinely has a "need to know" in connection with his/her duties as a County Councillor. This test is easily satisfied if he/she is a Member of the Committee to which the issue relates but less so in other cases. Applications should be made to the Chief Officer of the Department who will refer the request to the Monitoring Officer in doubtful cases.
Conventions Adopted Constraining the Legal Rights set out above
The following Code of Guidance has been adopted by the Council:
(i) a member who has a right to inspect documents should consider whether he/she has a personal or prejudicial interest in the matter covered by the document and whether any action contemplated in the light of the information obtained might conflict with the Members’ Code of Conduct;
(ii) a member requiring information should make application to a senior officer of the Department holding that information. Applications should not be made direct to junior officers;
(iii) an application must allow the officer time to satisfy him/herself that records do not contains exempt information which a member cannot have access to. If they do, such material may have to be removed;
Code of Conduct for Members Concerning the Disclosure of Confidential & Exempt Information
The Council has adopted the following guidelines in relation to the code of conduct concerning the disclosure of confidential and exempt information:
(i) that where a member during the course of discussion of a Part II item (where the press and public are excluded from a meeting because of the confidential nature of the business) is aware that he/she would wish to make a statement to the press or communicate information to a third party, they should advise the Committee of their intention and at that time seek guidance as to the extent to which it would be proper for them to do so and, if possible, determine a text or form of words which would not breach the responsibility for maintaining confidentiality;
(ii) that where after the meeting has closed, a member is approached either by press or media or a member of the public for information they should, before making any comment, contact either the County Solicitor or the Executive Member/Chairman of the Committee (who in turn may wish to contact the County Solicitor) to seek advice, when it will be possible for the text of any statement that the member may wish to make to be agreed;
(iii) that, alternatively if the member so wishes, they should refer the person inquiring to the Executive Member/Chairman of the Committee for the Chairman to make a statement on the matter after consultation with the County Solicitor.
The following table outlines the protocol to be followed, in the instances described.
When |
Who | What | Action |
|---|---|---|---|
At the time of an election [NOTE: For a general election, from the date of the announcement by the Prime Minister until the date of the election. For local elections, from the date of the publication of the notice of election until the date of the election] |
MPs and MEPs | Visiting any establishment in any constituency | Consent of the Head or Officer in charge required. The Head or Officer in charge should inform the appropriate Chief Officer (and Chairman of Governors) who will in turn advise the Chief Executive and the Chairman of the relevant Committee or Executive Member and Group spokespersons. The Chief Executive in consultation with the Chief Officer will advise on those persons who should be invited to accompany the visitor and who should invite them. |
| Government Minister or Shadow Spokesman | Visiting any establishment | Consent of the Head or Officer in charge required. The Head or Officer in charge should inform the appropriate Chief Officer (and Chairman of Governors) who will in turn advise the Chief Executive, the Party Group Leaders and the Chairman of the relevant Committee or Executive Member and Group spokespersons. The Chief Executive in consultation with the Chief Officer will advise on those persons who should be invited to accompany the visitor and who should invite them. |
|
| Parliamentary candidate | Visiting an establishment in the constituency they are contesting | Consent of the Head or Officer in charge required. The Head or Officer in charge should inform the appropriate Chief Officer (and Chairman of Governors) who will in turn advise the Chief Executive and the relevant Executive Member or Committee Chairman and Group spokespersons. The Chief Executive in consultation with the Chief Officer will advise on those persons who should be invited to accompany the visitor and who should invite them. |
|
| At any other time | MPs and MEPs | Visiting an establishment in their own constituency | Consent of the Head or Officer in charge required. The Head or Officer in charge should inform the appropriate Chief Officer (and Chairman of Governors) who will in turn advise the Chief and the relevant Executive Member holder or Committee Chairman and Group spokespersons. |
| MPs and MEPs | Visiting any establishment in another MPs or MEPs constituency | Consent of the Head or Officer in charge required. The Head or Officer in charge should inform the appropriate Chief Officer (and Chairman of Governors) who will in turn advise the Chief and the relevant Executive Member or Committee Chairman and Group spokespersons. |
|
| Parliamentary candidate | Visiting an establishment in the constituency they are contesting. | Consent of the Head or Officer in charge required. The Head or Officer in charge should inform the appropriate Chief Officer (and Chairman of Governors) who will in turn advise the Chief and the relevant Executive Member or Committee Chairman and Group spokespersons. |
|
| Visiting an establishment in any other constituency | Not normally advisable to allow! Refer to Chief Executive. Only if premises were of countywide significance should permission be countenanced | ||
| Government Minister or Shadow Spokesman | Visiting any establishment | Consent of the Head or Officer in charge required. The Head or Officer in charge should inform the appropriate Chief Officer (and Chairman of Governors) who will in turn advise the Chief Executive, the Party Group Leaders and the relevant Executive Member or Committee Chairman and Group spokespersons. The Chief Executive in consultation with the Chief Officer will advise on those persons who should be invited to accompany the visitor and who should invite them. |
Officers are employed by the Council as a whole and their overriding responsibility is to the Council and not to any one party or political group. An Officer may, if invited, attend a Group Meeting of any of the groups.
Any Officer who does attend a group meeting must maintain strict neutrality. An Officer should not attend such a meeting other than as normally constituted although it is recognised that at such meetings there may be one or two persons present who are neither elected Members nor Officers of the Council but who customarily attend those meetings.
The Council has adopted a separate Protocol for Member/Officer Relations the purpose of which is to guide members and officers of the Council in their dealings with one another which is included in the Council’s Constitution.
For any opening, launch or event, the Chairman of the County Council will normally be invited to attend and perform the ceremony. In the event of the Chairman or the Vice-Chairman being unable to do so the local County Councillor will be invited to perform the ceremony.
Detailed guidelines outlining procedures to be followed and the involvement of local members can be obtained from the Committee Secretariat & Member Services Unit.
Standing Orders now provide, in a number of instances, that Members may submit questions or notices to the Chief Executive by fax or email and other than by letter or handwritten note.
The appropriate fax number is Exeter (01392) 382286. Any email message to a member of staff in the Committee Secretariat and Members Services Unit will be regarded as having been sent to the Chief Executive.
Members are encouraged to use the email facility provided to them which will, increasingly, become the primary means of communication.
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