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Saturday 22 November 2008

Articles

Article 2 - Members of The Council

2.1 Composition and eligibility

(a) Composition

The Council is currently composed of 62 members, otherwise called councillors. One councillor will be elected by the voters of each electoral division in accordance with a scheme drawn up by the Electoral Commission. The Chief Executive maintains a Register of the names and addresses of all members, of the Committees on which they serve and of the outside bodies to which they have been appointed to represent the Council.

(b) Eligibility

Only registered voters of the County of Devon or those living, occupying property or working here are eligible to hold the office of councillor in accordance with the qualifications set out in Section 79 of the Local Government Act 1972.

2.2  Election and terms of office of councillors

The regular election of councillors is held on the first Thursday in May, every four years.  The terms of office of councillors start on the fourth day after being elected and finish on the fourth day after the date of the next regular election.

2.3 Roles and functions of all councillors

(a) Main roles:

All councillors:

(i) participate in the governance and management of the Council;

(ii) are, collectively, the ultimate makers of policy and carry out a number of strategic and corporate management functions;

(iii) contribute to the good governance of the area and encourage community participation and public involvement in decision-making;

(iv) maintain the highest standards of conduct and ethics; (v) represent the interests of their electoral divisions and of individual constituents;

(vi) respond to constituents’ enquiries and representations fairly and impartially; and (vii) represent the Council on other bodies.

(b) Rights and duties:

(i) Councillors have rights of access to such documents, information, land and buildings of the Council as are necessary for the proper discharge of their functions and in accordance with the law.

(ii) Councillors must not make public information which is confidential or exempt without the consent of the Council or divulge information given to them in confidence to anyone other than another councillor or officer entitled to receive it.

(iii) For these purposes, “confidential” and “exempt” information are defined in the Access to Information Procedure Rules in Part 4 of this Constitution.

2.4 Conduct

Councillors sign a declaration that they will at all times observe the Members’ Code of Conduct set out in Part 6 of this Constitution. They are expected to abide by the Protocol on Member/Officer Relations which is also set out in Part 6.

2.5 Allowances

Councillors are entitled to receive allowances in accordance with the Members’ Allowances Scheme set out in Part 7 of this Constitution.

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