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CABINET 21 January 2010
Appendix A
Chair: Cllr Gary Porter, South Holland District Council
Vice Chairs: Cllr Sharon Taylor, Stevenage Borough Council
Cllr Alan Sherwell, Aylesbury Vale District Council
Cllr Keith Mann, Epsom & Ewell Borough Council
Email: [email protected]
27th November 2009
To: All District Leaders
Copied to: All Chief Executives
Dear Colleague DISTRICT COUNCILS NETWORK - MEMBERSHIP The District Councils Network was successfully launched and a Special Interest Group at the LGA on 13 November 2009. As I have said in previous letters to your Leader and Alan Goodrum to Chief Executives, we are in negotiation with the successor bodies to the ADC with a view to gaining access to the balance of £2.8m we understand remains. At the meeting, after making some amendments, the following was agreed:
• Business Plan (attached)
• Constitution (attached)
• Executive (of 21)
• Subscription Levels of £150 This information can be found on www.districtcouncils.info. Our subscription levels have been set at £150, not the £950 originally proposed, to give us some cash to get on with the first stage of the business plan pending the conclusion of the negotiations in the New Year. This will enable us to be genuinely inclusive of all districts and hope the few Councils who said ‘no’ will reconsider.
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Continued.
Page 2. Please can either you or your Chief Executive write to Gemma Smith at the following address to confirm if you wish to subscribe and if you do please return your cheque for £150 payable to ‘Arun District Council’: Mrs Gemma Smith PA to the Chief Executive Arun District Council Arun Civic Centre Maltravers Road Littlehampton West Sussex BN17 5LF Please note that as the District Councils’ Network is not VAT registered it cannot charge VAT. Please can you respond ASAP and no later than 29th January 2010. We will be happy to deal with any comments or questions you may have by email, ([email protected]) or Alan Goodrum
([email protected]). A copy of the press release following the meeting is attached. Kind regards Gary Porter cc: District Chief Executives
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WHAT'S IN IT FOR DISTRICTS? Main messages: What we are about * A hard-hitting voice for Districts within the LGA. * An informed and representative advocate for Districts with Government
and other national bodies, based on our unique position to deliver for 'local' people.
For Districts we will: * Lobby and negotiate directly with senior members of national political
parties on District-specific needs and issues up to and after the 2010 election - the 'localism' agenda:
- Housing - Efficiencies - Neighbourhood/Community Development - Recession-building - 'Total Place' delivery * Be at the table to inform and influence national agencies, government
departments and other local authority agencies on things that matter, such as resources and allocation.
* Get our unique message across to the audiences that matter - People,
Government, Partners, Regulators. * Help each other to remain effective and share learning/good practice: - Shared Services/Shared Management - Total Place - Joint work programme with CNN
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DISTRICT COUNCILS' NETWORK – BUSINESS PLAN
PRIORITY OBJECTIVE/ACTION TIMESCALE LEAD/GROUP District Influence on national decision-makers
i) Use of Member/Officer contacts with national political parties
to impress upon them the positive contribution to local public service activity specifically led by District Councils: delivering the localism agenda.
ii) Present a cogent and robust case to next government to
ensure CSR10 is fully informed of necessary funding for priority District-led activities.
iii) Secure an effective and sustainable District Council
representation and voice in any new sub-regional arrangements.
2010 immediately post election � May 2010 July 2010 July/Aug 2010
National Group Leaders/DCEN Lead contributors to be identified National Group Leaders/ DCX Chair National Group Leaders/DCX Chair
Getting the message across
i) Develop and maintain a co-ordinated communication strategy
and process for internal and external messages to ensure promotion of DCN activities and successes, as part of the 'influence' campaign.
ii) What Districts do well: concise statement of our main
arguments; baseline for discussion with Government/Audit Commission.
Strategy completed. Review messages every month. Dec 2009
DCX Nina Dawes Nina Dawes
Dealing with unprecedented financial circumstances
i) To promote joint working/shared services and management
between Districts and other agencies to maximise opportunities for reducing costs/improving service responses (e.g. Benefits Services with DWP).
March 2010
David Cook/ David Buckle
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ii) Secure agreement with HM Treasury and other government
departments that funding will follow new initiatives and/or guidance on priorities.
iii) Secure freedoms in fees/charge setting to ensure income can
cover costs more fully than at present. iv) Secure government commitment to full funding for immediate
and consequential activity necessary due to emergencies (such as flooding, Swine flu).
v) Secure agreement with Audit Commission that cost/fee
implications are proportionate to risk and operate within the same framework as faced by District Councils in relation to increases.
vi) Identify priority needs for funding for 2010-12 and beyond.
(a) Housing - As main managers/influencers on public housing and private/public sector growth:
* Contribute to a national framework for
appropriate level, timing and location of housing growth.
* Agree and promote proposals to ensure an
equitable and effective distribution of funding to support local housing functions to replace present inequalities.
(b) Concessionary Travel
March 2010 February 2010 June 2010 December 2009 December 2009 February 2010 February 2010
David Cook David Cook/SDCT DCN Chair/Vice-Chairs CCN/DCN meeting with AC David Cook To be identified Mary Orton
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* To secure 'fair and equitable' funding allocations which more closely relate to local demand and costs for each District.
* To ensure that transfer of funding to County authorities
in two-tier areas is based on funds specifically allocated for this purpose and does not adversely affect funding for other services.
March 2010 March 2010
Philip Bostock/ Peter Simpson SDCT
'Recession-Busting'
Share measures which have successfully and effectively addressed the issues of business support, family support and economic development, so that Districts can maximise the contributions to wider economic regeneration from a local base.
Immediate
All (Leaders/CXs)
Joint work with County Councils' Network (CNN)
a) Work with CCN within Total Place framework to identify and deliver activities which will: * improve service responses to local people and/or * secure increased efficiencies, using the various
funding/support sources available (e.g. contribution of older adults; safeguarding young people)
b) Work with CCN and other agencies to support refinements to
CAA process and co-ordinated voice of LAs.
Delivery from April 2011 at latest to meet new targets
DCN representatives at joint meetings
"
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BUSINESS PLAN
INITIAL BUDGET/OFFICER STRUCTURE
£ Executive Officer 50,000 * Policy Adviser/Support 30,000 * Office costs 10,500 Marketing/Communications 6,000 Research/Commissioning 5,000 ______ 101,500 ______ * Indicative staff costs, include oncosts for pensions etc
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District Councils’ Network
Constitution Standing Orders Political Conventions Adopted 13 November 2009
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INDEX PART 1: CONSTITUTION Para
1. Title and Membership……..………………………………...
2. Purpose of the DCN…………………………………………
3. Objectives and Powers of the DCN………………………..
4. The Assembly………………………………..………………
5. Membership of the Assembly………………..……………..
6. Voting at the Assembly………………………..…………….
7. Office Holders……………………..…………………………
8. The Executive………………………………………………..
9. Responsibility for Action………………………..…………...
10. Assembly and Executive Meetings and
Procedures……………………………….……….………….
11. Nominated Lead Officer and Staff…….………….………..
12. Finance……………………………………………….………
13. Resignation of Member Authorities…….………….………
14. Dissolution……………………………….…………….……..
15. Amendment to the Constitution………………………..…...
16. Urgent decisions………………………………………….….
PART 2: STANDING ORDERS Para
1. Attendance Record…………………………………………
2. Quorum………………………………………………………
3. Order of Business…………………………………………..
4. Notices of Motion…………………………………………...
5. Special Meetings…………………………………………...
6. Motions and Amendments without Notice……………….
7. Minutes………………………………………………………
8. Rescission of Earlier Resolution………………………….
9. Rules of Debate……………………………………………..
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10. Notices………………………………………………………...
11. Suspension of Standing Orders……………………………
12. Disorderly Conduct…………………………………………..
13. Voting………………………………………………………….
14. Motion to Remove Chairman……………………………….
15. Application to the meetings of the Executive……………..
PART 3: POLITICAL CONVENTIONS Para
1. Background………………………………………………..….
2. Political Administration of the DCN…………………….…..
3. “Mainstream” Staff…………………………………………...
4. Delegations…………………………………………………...
5. Conferences and Seminars…………………………………
PART 4: EXECUTIVE TERMS OF REFERENCE AND DELEGATED POWERS Para
1. Terms of Reference…………………………………………
2. Delegated Powers…………………………………………..
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Part 1: Constitution
1. Title and Membership
1.1 The Organisation shall be known as the District Councils’ Network [“the
DCN”].
1.2 Only those District Councils which are members of the Local Government Association shall be eligible for membership of the DCN.
1.3 The DCN will consist of such District Councils in England, as have desired to be and remain in membership [“Member Authority”].
2. Purpose of the DCN
2.1 To be a voice for District Councils within the Local Government Association [LGA] and to influence its work so that it properly reflects the views and interests of districts.
3. Objectives and Powers of the DCN
3.1 To provide a forum in which District Councils can exchange views and initiate shared activities on issues of common interest/benefit and as far as possible articulate District Council views and positions within the LGA.
3.2 To raise awareness of the contribution District Councils make to Local Government and community outcomes.
3.3 Allow greater direct access for District Councils into the LGA at the highest levels.
3.4 To provide greater capacity for District Councils to contribute to and influence the national agenda by direct representation to government departments.
3.5 To protect, promote and support democratic local government in authorities in membership of the DCN.
3.6 To represent, wherever possible by consensus, the interests of Member Authorities in national government, to Parliament, political parties, European and other international institutions and other bodies, and the Local Government Association.
3.7 To promote the financial interests of Member Authorities and to make representations to Government and other relevant bodies on the allocation of funding to its Member Authorities.
3.8 To formulate sound policies for the development and enhancement of local democratic processes.
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3.9 To promote the policies of the DCN to national government and other
relevant organisations.
3.10 To use its best endeavours to enable members of different political groups to have the opportunity to contribute to the work of the DCN and to the development of policies which represent, as far as possible, consensus between the political groups and between Member Authorities.
3.11 To develop relationships with other Special Interest Groups.
3.12 3.13
To do anything which is calculated to facilitate or is conducive or incidental to the discharge of the objectives of the DCN. To promote integration/sharing of service delivery and support in furtherance of the achievement of greater efficiencies across District Councils.
4. The Assembly
4.1 There shall be an Assembly of the DCN.
4.2 The membership of the Assembly shall be determined in accordance with the provisions of Article 5.
4.3 The Assembly will hold an Annual Meeting to appoint the office holders set out in Article 7.
4.4 In addition the Assembly shall meet each year to approve the accounts of the DCN, to appoint an Auditor, to agree the budget of the DCN, to set subscriptions and approve the work programme. Other meetings may be held as required and the Assembly shall deal with such other business as may be determined by the Executive.
4.5 The Assembly may from time to time make standing orders for the regulation of the DCN's proceedings, and shall approve and issue a set of Conventions governing relationships between the political parties in the conduct of the DCN’s business.
5. Membership of the Assembly
5.1 The Assembly shall comprise the Leaders of the Member Authorities or Executive Mayor or equivalent in the case of Member Authorities that do not have a Leader. It is for each Member Authority without a Leader to define an elected member holding an equivalent position.
5.2 The names of members appointed to serve on the Assembly shall be given to the Nominated Lead Officer in writing by the Chief Executive of their Member Authority (or other officer nominated to act on their
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behalf).
5.3 Only Councillors duly elected to serve on a Member Authority can be appointed to serve on the Assembly. Their period of office shall begin with effect from the Annual Meeting in each year and shall end immediately before the Annual Meeting in the following year, provided that representatives shall cease to be eligible for membership of those bodies when they cease to hold office as members of their authority or when their authority ceases to be in membership.
6. Voting at the Assembly
6.1 Each Member Authority shall be entitled to cast one vote at the Assembly, held by the Leader of the Council or Executive Mayor or equivalent in the case of Member Authorities which do not have a Leader or their nominated substitute.
6.2 In the case of an equality of votes or such a vote being contested and at the request of the leader of any of the political groups, a postal ballot of the entire membership shall be called. Each Member Authority shall be entitled to cast one vote in any postal ballot conducted by the DCN.
6.3 A member of the Assembly may nominate another member being a currently serving member of any Member Authority and attend a meeting on his or her behalf and exercise his or her vote(s) provided that written notice is given to the Nominated Lead Officer of the DCN before the start of the meeting by the Chief Executive or other appropriate officer of the Member Authority or by the originally nominated member, or by the relevant DCN political group leader.
7. Office Holders
7.1 The Assembly shall, at the Annual Meeting of the DCN in each year, appoint from amongst the members representing Member Authorities the following office holders: (a) a Chairman; (b) Vice-Chairmen (one for each remaining political group represented on the DCN having a share of the weighted electorate exceeding 5 per cent of the total calculated in accordance with Article 8.4). The Chairman and Vice-Chairmen of the Assembly shall also hold the same offices on the Executive.
7.2 The Chairman will be elected from the representatives of the largest political group of the Member Authorities.
7.3 Voting on the appointments shall be in accordance with the provisions of Article 6.1. Where there are more than two persons nominated for each position,
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and of the votes given there is not a majority in favour of one person, the name of the person having the least number of votes shall be struck off the list and a fresh vote shall be taken and so on until a majority of votes is given in favour of one person.
7.4 The Chairman (and in his/her absence Vice-Chairmen) will have the following responsibilities:
(a) To promote the DCN as a whole; (b) To uphold and promote the purposes of the Constitution and to
interpret the Constitution when necessary; (c) To preside over meetings so that its business can be carried out
efficiently; and (d) To ensure that the Assembly meetings are a forum for the
debate of matters of common interest.
7.5 The Chairman and Vice-Chairmen will hold office until:
(a) the next Annual Meeting of the DCN; or (b) he/she resigns from the office; or (c) he/she is suspended from being a Councillor under Part
III of the Local Government Act 2000; or (d) he/she is no longer a Councillor; or (e) he/she is removed from office by resolution.
7.6 In the event that the Chairman ceases to be the Chairman as a result
of Article 7.5 (b), (c), (d) or (e) above, the DCN shall forthwith appoint a new Chairman of the DCN and pending the appointment of a new Chairman all powers and functions of the Chairman shall be vested in the Vice-Chairman from the next largest political party.
8. The Executive
8.1 There shall be an Executive whose purpose shall be to provide strategic direction and conduct the normal day to day business of the DCN.
8.2 The Assembly shall determine the terms of reference, delegated powers, size and composition of the Executive subject to a maximum of 30 members, and may make Standing Orders for the regulation of their proceedings.
8.3 Appointments to the Executive shall be agreed by the Assembly on the nomination of political group leaders and shall be on a politically proportional basis as determined by the LGA’s Political and Regional template. The nominations should endeavour to reflect the wide spread of district councils, from City and Borough authorities to rural and sparsely populated areas.
8.4 Political balance for the purpose of representation of the political
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groups on the Executive shall be calculated for each party in accordance with the LGA’s Political and Regional template immediately after the last principal elections of the Member Authorities and reviewed annually on the same basis. Parties shall be included within the calculations of political balance if their share of the total electorate is 2 per cent or more.
8.5 A member of the Executive may nominate another member being a currently serving member of any Member Authority and being a member of the same political group to attend a meeting on his or her behalf and exercise his or her vote(s) provided that written notice is given to the Nominated Lead Officer of the DCN before the start of the meeting by the Chief Executive or other appropriate officer of the Member Authority or by the originally nominated member, or by the relevant DCN political group leader.
8.6 The quorum at Executive meetings shall consist of one third of the members of the Executive, provided that representatives of at least two [2] political groups represented on the Executive are present.
8.7 All questions coming or arising before the Executive shall be decided by a majority of the voting members present and voting thereon by a show of hands. Each member of the Executive shall have one vote. In the case of an equality of votes or the vote being contested and at the request of the leader of any of the political groups, the matter shall be referred to the Assembly.
9. Responsibility for Action
9.1 In matters of local government in general or which concern all Member Authorities, the DCN will speak for all its member authorities.
9.2 In the representation of views of Member Authorities the DCN shall ensure that the appointment of members to act shall so far as may be practicable reflect the political balance of the Executive as determined by Article 9.3.
9.3 The DCN shall at all times operate in a manner consistent with the LGA's Political Conventions with respect to Special Interest Groups.
10. Assembly and Executive Meetings and Procedures
10.1 At the Annual Meeting of the Assembly, the incumbent Chairman shall preside over the appointment of office holders and the newly elected Chairman and appointed Vice Chairmen shall assume office at the close of the meeting. At other meetings of the Assembly, the Chairman of the DCN or in his/her absence a Vice Chairman or in their absence another person chosen by the meeting, shall preside.
10.2 Meetings of the Assembly and Executive shall be held on such days
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and at such places as may be decided by the Executive.
10.3 The Nominated Lead Officer shall: 10.3.1 not less than twenty-eight clear days before each ordinary
meeting, and not less than two months before the Annual Meeting, send to each member of the Assembly and to the Chief Executive of each Member Authority, a notice stating the date, time and place of the meeting; and
10.3.2 not less than fourteen days before the meeting, send to each member and Chief Executive an agenda specifying the business to be transacted.
11. Nominated Lead Officer and Staff
11.1 There shall be a Nominated Lead Officer of the DCN appointed on
such terms and conditions as the Executive may think fit and such other staff as may be necessary for the purpose of implementing the DCN’s aim and objectives.
11.2 The DCN shall ask the District Council Chief Executives Network to provide advisors to support the work programme as necessary. The Chair of the District Council Chief Executives Network shall act as lead adviser to the DCN. The DCN shall ask the Society of District Council Treasurers to appoint a financial adviser to the DCN from amongst its membership.
12. Finance
12.1 The Executive shall submit for consideration to a meeting of the Assembly in each year a statement of estimated expenditure for the year commencing on the following first day of April.
12.2 The subscriptions of Member Authorities for each year commencing 1 April shall be at rates to be determined from time to time by the Assembly. The annual subscription of each Member Authority shall be equal.
12.3 The Nominated Lead Officer shall be responsible for the preparation of an Income and Expenditure Account and Balance Sheet each year, for their examination and certification by independent professional auditors and for the submission of those accounts to the Assembly.
12.4 The income and property of the DCN shall be applied solely towards the promotion of DCN's objectives, as set out in Article 3 and/or for the purposes set out in Articles 12.4 and 12.5 and, for the avoidance of doubt, no part of the income or property shall be paid or transferred directly or indirectly to the Member Authorities.
12.5 The DCN may invest, lend or otherwise deal with, monies not immediately required for its purposes in such manner as may be
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thought fit by the Executive and may borrow or raise money in accordance with financial regulations agreed by the Assembly.
12.6 The DCN may purchase, take on lease or otherwise obtain land and buildings for use as offices, to provide accommodation for meetings of the DCN and for the use of staff provided that if land or buildings are leased from a Member Authority this shall be on the basis that the rent paid is no more than a reasonable and proper rent in the circumstances.
12.7 The Nominated Lead Officer or in his or her absence, another authorised officer and the Chairman of the DCN or in his or her absence a Vice Chairman shall be authorised to enter into and execute all instruments, deeds or assurances on behalf of the DCN.
12.8 The cost of attendance, travel and subsistence in connection with meetings of the DCN shall be met by the member or officer's own authority.
13. Resignation of Member Authorities
13.1 Any Member Authority wishing to terminate its membership shall give not less than twelve months’ notice, in writing, to the Nominated Lead Officer to expire on 31 March in any year.
13.2 Any Member Authority shall, upon ceasing to be a member of the DCN, forfeit all right to and claims upon the DCN and its property and funds, and, without prejudice to Article 14, shall pay such amount representing the authority’s share of responsibility towards liabilities incurred by the DCN on behalf of member authorities, including the employment and superannuation of staff, during the currency of the authority’s membership, such share to be calculated having regard to the proportion which the subscription paid by that authority bears to the total subscription of the DCN.
14. Dissolution
14.1 A motion for dissolution of the DCN must be notified in advance as an agenda item for the meeting.
14.2 If at any meeting of the Assembly a motion for the dissolution of the DCN shall be passed by at least two-thirds of members from full Member Authorities present with at least two-thirds of such authorities represented at the meeting, the Executive shall thereupon proceed to realise the property of the DCN and make arrangements whereby the Member Authorities shall discharge the DCN’s net liabilities including the liability for the payment of compensation to staff on terms no less favourable than would be required to be paid to serving local government officers. Member Authorities shall comply with such arrangements.
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14.3 On the completion of such arrangements, the remaining assets of the DCN (if any) shall not be paid to or distributed to the Member Authorities, but shall be given or transferred to some other local authority association, having objectives similar to those set out in Articles 2 and 3 of this Constitution, and which shall prohibit the direct or indirect distribution of its or their income and property among its members, such local authority association to be determined by the Member Authorities at or before the time of dissolution, and in so far as effect cannot be given to such provision then the income and property shall be applied to some charitable purposes as directed by the Court or the Charity Commission. The DCN shall thereupon be dissolved.
14.4 In the event that the DCN’s property should prove to be insufficient to discharge its liabilities Member Authorities shall contribute such additional sum as is required to eliminate the deficiency.
14.5 Authorities in membership at the date of the passing of the motion referred to in Article 14.2, together with those authorities which ceased to be members in the period of two years ending with the date of the passing of the resolution, shall contribute towards any deficiency in the proportion to which their subscription payable in the month of April immediately preceding the passing of the resolution (or in the case of an authority which has ceased to be a member at the date of the passing of the resolution the last subscription which the member paid) bears to the aggregate subscriptions paid by authorities liable to contribute to the deficiency of assets, provided that in the case of an authority which has ceased to be a member any payment made under Article 14.4 shall be taken into account in assessing contributions required both from that authority and from other authorities.
14.6 In the event of a dispute between a member or former Member Authority and the DCN as to the amount which an authority should contribute under this rule the matter shall be referred to arbitration.
14.7 The arbitration shall be conducted in accordance with the Arbitration Rules of the Chartered Institute of Arbitrators and the Arbitrator shall be asked to determine the extent to which an authority or authorities should contribute in the light of Article 14.5 and to determine the matter in accordance with what is fair in all the circumstances. In the event that the Arbitrator issues a determination providing that a member or former Member Authority is liable to contribute a specified sum under this Rule the authority shall pay the monies which the Arbitrator determines it ought to pay within seven days of the issue of the award. The Arbitrator shall be appointed by agreement of a majority of Member Authorities or in default of such agreement by the President for the time being of the Law Society.
15. Amendment to the Constitution
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15.1 The Assembly shall have power to amend this Constitution, (a) save that no amendments may be made to articles 12.4 or 14.3 and any purported amendments to those articles shall not be effective: and (b) provided that a motion in favour of each such amendment shall be passed by at least two thirds of members present, voting in accordance with Article 6, with at least two-thirds of Member Authorities represented at the meeting.
Where two thirds of those present vote for an amendment but less than two thirds of Member Authorities are present, then the amendment shall, at the request of the mover, be put to a postal ballot of the membership. The amendment shall be carried if it receives the support of at least two thirds of the ballot papers returned.
16. Urgent decisions
16.1 The Chairman in consultation with the Vice-Chairmen may take a decision which is a matter of urgency. However, the decision may only be taken: (i) if it is not practical to convene a quorate meeting of the Executive; and (ii) if the Chairman of the DCN agrees that the decision is a matter of urgency.
16.2 The reasons why it is not practical to convene a quorate meeting of the Executive and the consent of the Chairman to the decision being taken as a matter of urgency must be noted on the record of the decision. Following the decision, the Chairman will provide a full report to the next available meeting of the Executive explaining the decision, the reasons for it and why the decision was treated as a matter of urgency.
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Part 2: Standing Orders
Meetings of the Assembly and Executive of the DCN 1. Attendance Record
At every meeting each representative of a Member Authority shall enter
his/her name on an attendance record provided by the Nominated Lead Officer from which attendance of such Member Authorities will be recorded.
2. Quorum
2.1 No business shall be transacted at a meeting unless at least one third [1/3rd] of the members of the Assembly or Executive (as the case may be) are present, provided that representatives of at least two [2] political groups represented are present.
2.2 If during any meeting, the Chairman after counting the number of members present declares that there is not a quorum present, the meeting shall stand adjourned.
3. Order of Business
The order of business at each meeting of the Assembly and Executive shall be: (a) apologies for absence; (b) to approve as a correct record and sign the minutes of the last
meeting; (c) to dispose of business (if any) remaining from the last meeting; (d) Chairman's notices; (e) to receive and consider reports/minutes of Task or similar groups of
the Executive; (f) to consider notices of motions in the order received; (g) to transact other business in the order stated on the agenda paper; (h) the Chairman may at his/her discretion alter the order in which
business is taken.
4. Notices of Motion
4.1 At any meeting of the Assembly motions may be moved of which notice is given as set out below.
4.2 Notice of a motion to be moved at the Annual Meeting, shall be given to the Nominated Lead Officer not less than forty-two [42] clear days before the meeting. In the case of ordinary meetings notice shall be given not less than twenty-one [21] clear days before the meeting. The Nominated Lead Officer shall date and number each Motion in the order in which it is received and enter it into a book which shall be open
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to the inspection of every member of the Assembly.
5. Special Meetings
A special meeting of the Assembly may be called at any time by the Executive, subject to ten [10] clear days’ notice being given to Member Authorities stating the agenda item(s).
6. Motions and Amendments without Notice
The following motions may be moved without notice: (a) to appoint a Chairman for that meeting or the remainder of the
meeting. (b) motions relating to the accuracy of the minutes, closure,
adjournment, order of business, or next business. (c) adoption of reports or recommendations and any subsequent
resolutions. (d) that representatives of the media be excluded from the meeting. (e) that leave be given to withdraw motions. (f) amendments to motions. (g) suspending standing orders. (h) extending the time limits for speeches. (i) that the Assembly / Executive proceed to the next business. (j) that the debate be now adjourned.
7. Minutes
No motion or discussion shall take place upon the minutes except upon their accuracy and any question of their accuracy shall be raised by motion. If no such question is raised, or if it is raised then as soon as it has been disposed of, the Chairman shall sign the minutes.
8. Rescission of Earlier Resolution
No notice to rescind any resolution passed within the preceding twelve [12] months, and no notice or amendment to the same effect as one which has been negated within the preceding twelve [12] months, shall be proposed. This Standing Order shall not apply to motions moved in pursuance of the report or recommendation of the Executive.
9. Rules of Debate
9.1 Respect for Chairman
A representative, when speaking, must stand and address the Chairman. He/she shall direct his/her speech to the question under discussion. When the Chairman rises during a debate any member then standing must immediately stop speaking and sit down. If two or more delegates rise the Chairman shall call on one to speak. The Chairman shall decide all questions of order and his/her ruling upon all
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such questions or upon matters arising in debate shall be final and shall not be open to discussion.
9.2 Motion or Amendment - Procedure
A motion or amendment shall not be discussed unless it has been proposed and seconded by representatives of authorities in membership of the DCN.
9.3 Content of Amendment
An amendment must relate to the motion and either (i) leave out words; (ii) leave out words and insert or add others; or (iii) insert or add words;
but any such amendment must not have the effect of negating directly the original motion.
9.4 When a Member may Speak again on a Motion
No representative shall address the meeting more than once on any motion or amendment except: (i) the mover of an original motion shall have the right to reply
immediately before the motion, or any amendment to it, is put; (ii) if the seconder of an original motion or amendment formally seconds
and sits down without speaking upon it, he/she may reserve the right of addressing the meeting later;
(iii) on a point of order or personal explanation.
9.5 Length of Speech
No speech shall exceed three minutes except the speech of the proposer on the original motion which shall not exceed five minutes.
9.6 Debate on Amendment
(i) Every motion or amendment shall be put in writing, signed by the mover and delivered to the Nominated Lead Officer when it has been seconded.
(ii) After a motion or an amendment has been seconded, it shall not be withdrawn without the leave of the meeting.
(iii) A representative may, with the consent of his/her seconder and of the meeting, alter a motion which has been proposed or of which notice has been given if the alteration is one which could have been moved as an amendment thereto.
(iv) A proposer of a motion or of any amendment may, with the concurrence of the seconder and the consent of the meeting, withdraw the motion or amendment which he/she has proposed and it shall not be competent for any representative to speak upon it after the proposer has asked permission for its withdrawal, unless
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such permission shall have been refused. (v) If an amendment is rejected, other amendments may be moved on
the original motion. If an amendment is carried the motion, as amended, takes the place of the original motion and becomes the motion upon which any further amendments may be moved.
(vi) A further amendment shall not be moved until the meeting has disposed of every amendment previously moved. After all amendments have been disposed of, the motion before the meeting shall be put without further debate.
9.7 Motions which may be Moved During Debate
A representative who has not already spoken in the debate may at the
conclusion of a speech of another representative move without comment: -
(i) “that the question be now put”; (ii) “that the debate be now adjourned”; (iii) “that the meeting proceed to the next business”; or (iv) “that the meeting do now adjourn”,
on the seconding of which the Chairman, if in his/her opinion the motion before the meeting has been sufficiently discussed, shall, subject to the mover’s right of reply, put the question to the vote and, if it is carried, the motion before the meeting shall be put to the vote or the subject of debate shall be deemed to be disposed of for that day, or the meeting may stand adjourned as the case may be.
9.8 Personal Explanation and Points of Order
A representative may rise on a personal explanation or a point of order at any time and is entitled immediately to address the Chairman on the matter; but
(i) a personal explanation shall be confined to some material part of an earlier speech by the representative and on which a misunderstanding has occurred;
(ii) the representative who raises a point of order must specify immediately a Standing Order and say how it has been broken or infringed;
(iii) in either case the representative’s speech must be confined to the personal explanation or point of order;
(iv) the ruling of the Chairman on a personal explanation or point of order is not open to discussion.
10. Notices
10.1 All notices and communications may be sent electronically or by first
class post.
10.2 If a member of the Assembly/Executive or the Chief Executive of a Member Authority wishes to accept notices and communications electronically he/she must provide the Nominated Lead Officer with an
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email address to which such documentation can be sent.
10.3 If the Nominated Lead Officer is willing to accept notices and communications electronically he will circulate to each member of the Assembly/Executive or the Chief Executive of each Member Authority an email address to which such documentation can be sent.
10.4 Any notice or communication sent by first class post shall be deemed to be received 48 hours after it was posted. Any notice or communication sent by email before 5pm on a working day shall be deemed to be served the day of despatch and otherwise on the following working day.
11. Suspension of Standing Orders
Any of the preceding Standing Orders may be suspended at any meeting, in respect of any business on the agenda for such meeting, provided that the majority of the representatives of authorities in full membership of the DCN who are present and voting so decide.
12. Disorderly Conduct
12.1 If at a meeting any representative, in the opinion of the Chairman notified to the Assembly, misconducts himself by persistently disregarding the ruling of the Chair, or by behaving irregularly, improperly, or offensively, or by wilfully obstructing the business of the Assembly, the Chairman or any other representative may move 'that the representative named be not further heard on this matter', and the motion, if seconded, shall be put and determined without discussion.
12.2 If the representative named continues his misconduct on the item under consideration or any subsequent item after a motion under the foregoing paragraph has been carried, the Chairman shall:-
(a) either move 'that the representative named do leave the meeting' (in which case the motion shall be put and determined without seconding or discussion); or
(b) adjourn the meeting for such period as the Chairman in his discretion shall consider expedient.
12.3 If the event of general disturbance which in the opinion of the Chairman
renders the due and orderly dispatch of business impossible, the Chairman, in addition to any other power vested in him, may, without question put, adjourn the meeting for such period as he in his discretion shall consider expedient.
13. Voting
Voting at meetings shall be by show of hands and on the requisition of any two representatives, made before the vote is taken, the voting on any matter shall be recorded so as to show how each representative voted and there shall also be recorded the name of any representative
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then present who abstained from voting. The record shall be taken by the Nominated Lead Officer calling out the name of each representative present whereupon the representative whose name is called shall state whether he votes for or against the motion or abstains and the Nominated Lead Officer shall record his reply.
14. Motion to Remove Chairman
A motion of no confidence in the Chairman shall only be moved at a meeting of the Assembly if the notice thereof given in pursuant of Standing Order 3 bears the names of at least one fifth [1/5th] of the whole number of members of the Assembly.
15. Application to the meetings of the Executive
All of the Standing Orders apply to meetings of the Assembly. Only Standing Orders 1-3, 7, 8, 10, 12 and 13 apply to meetings of the Executive.
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Part 3: Political Conventions
1. Background
1.1 The District Councils’ Network operates on a cross-party consensual
basis as the legitimate voice of localities - independent of central government or opposition parties.
1.2 The DCN will support the right to diversity; there is more than one correct response to society’s problems and Member Authorities must have the right to respond to their communities in different ways. Difference must be respected and minority views must be able to be heard within the DCN.
1.3 The DCN will seek to find solutions to problems of conflict by discussion; it will endeavour to avoid resort to adversarial styles of political debate which assume that opposition views are incorrect because of their source; it will seek mechanisms designed to find new solutions rather than reiterating conventional wisdom.
2. Political Administration of the District Councils’ Network
2.1 Office Holders
The Constitution provides for a Chairman and Vice Chairmen.
2.2 Political Structures/Cross Party Working
The principle of each political group playing a part in the DCN will be respected and, immediately the political balance of the DCN is known, it will be for the parties to discuss the right way to reflect that principle.
2.3 Arrangements following elections
In the period immediately after elections and before the first meeting of the newly constituted Assembly, it is normal for Chairmen and other office holders to remain in place, provided they remain as councillors. Temporary nominations can be made if incumbents lose their seats. If the elections result in a change of control, however, it will be important for the existing Chairman to act in concert with other party spokespeople until the new arrangements are in place.
2.4 Working Groups and Task Groups (or other ad-hoc groups performing similar functions)
2.4.1 Task Groups may be appointed by the Executive. Task Groups are expected to bring together and develop expertise in depth of specific policy topics. Whilst Task Groups should include members of all political groups, they should be small and their leadership and membership should be based on skills and experience rather than
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“representativeness”. Each group will require a spokesperson but in order to encourage free ranging and exploratory debate it will be a convention that public and press statements on the progress and outcomes of Task Groups will not be made until a report has been considered by the Executive and action agreed. Substitutes will not normally be required.
2.4.2 Chairmen of Task Groups may be appointed from any political group, given their role and purpose. It would be normal practice for the political groups to share such chairs by rotation.
2.4.3 There shall be a standing Task Group called the ‘Resources Working Group’ which shall consist of members nominated by the political group leaders from membership of the Executive. This Task Group shall have the status of a Sub-Committee of the Executive and be politically proportional in accordance with the LGA’s Political and Regional template. The Resources Working Group shall report to the Executive. The work and membership of the Resources Working Group shall be reviewed annually by the Executive.
2.5 Substitutes
The Constitution allows for the attendance of substitutes at meetings of the Assembly and Executive and the Resources Working Group. Substitutes must be from the same political party. For bodies which are advisory or which will recommend policy to Executives, e.g. a Task Group the appointment of substitutes will not normally be required.
3. “Mainstream Staff”
As in local authorities, the staff of the DCN will be politically impartial and will give all groups, their officers and spokespersons, equivalent advice, assistance and support, as resources allow. All staff will strive to ensure that the rules and conventions governing the DCN’s work are implemented fully and fairly.
4. Delegations
The purpose of delegations from the DCN is to have the maximum effect in representing the interests of local government to other bodies. It will be important to balance the interests of effectiveness (which may imply small, tightly focused delegations) and representativeness which implies larger numbers. Where small delegations are preferred, the DCN will normally be represented by political group leaders of the DCN. Members nominated to represent the DCN will recognise their responsibility to represent the views of the DCN as a whole. As a general rule, every effort will be made to have politically balanced delegations for formal meetings which the DCN has with Ministers and other organisations. It is recognised that there will be private, informal or party political meetings where it is inappropriate to have politically
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balanced delegations, and they may be briefed or attended by non-political staff for technical support.
5. Conferences and Seminars
5.1 Chairing Sessions
An appropriate senior politician from each party should have an opportunity to introduce and/or chair part of the DCN's events. This can lead to a disjointed feel to events but the benefits of securing all party involvement outweigh the costs which can, in any case, be minimised through careful stage management. There may be circumstances in which the nature of the event precludes this. In these circumstances the chairing arrangements should be discussed with Executive.
5.2 Councillors as speakers
It is not possible to achieve a precise political balance in conference and seminar programmes, but the following factors will be considered when drawing up programmes which involve councillors as speakers:
• Is the councillor presenting the formal position of the DCN or his or her authority, or is the councillor presenting a political view? If the latter is the case, the programme must include speakers from the other parties. • The number of councillor speakers and their political affiliation needs to be taken into account in, for example, allocating responsibility for chairing sessions so that the programme as a whole reflects the cross-party nature of the DCN. • The DCN needs to ensure that its conference programme as a whole reflects its political structure and balance.
When identifying authorities to illustrate good practice efforts will be made to ensure that so far as possible all parties are represented.
5.3 Ministers and other politicians
Ministers may speak at DCN events. This is important to the DCN in that it reinforces its status as an important national organisation and enables attractive conference programmes to be put together. In one-day events at which Ministers speak, it will not always be practical or appropriate to include speakers from the other political parties without completely distorting the programme. But the following factors will be taken into account in putting together programmes which involve Ministers:
• if the focus of the event is largely on the implementation of or practical implications for local authorities of new legislation or new Government procedures or guidance, it will not normally be necessary or appropriate to involve speakers from the other political parties; • if the focus of the event is to debate a new or developing aspect
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of Government policy, then the programme should normally involve speakers from the other political parties; • the programme for major two or three day events should always be politically balanced.
The Executive will be consulted on the selection of political speakers
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Part 4: Executive Terms of Reference and Delegated Powers
1. Terms of Reference
1.1 The Executive will develop and control a work programme on issues
affecting District Councils established by the Assembly including: 1.1.1 Central-Local relations; 1.1.2 ad hoc reviews; 1.1.3 the tiers of local government; 1.1.4 finance; 1.1.5 controls; 1.1.6 fees and charges; 1.1.7 range of functions district councils provide and issues affecting
the communities they serve.
2. Delegated Powers
To be agreed.
