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At our council meeting last night I had a proposal that the chair stated had been resolved by a committee and therefore could not be heard at full council under the standing orders. I argued that if that was the case why had the clerk allowed its inclusion on the agenda? Our standing orders do not specifically identify that resolutions passed at a committee are subject to the same 6 month rule and I contend that the chair acted improperly and the clerk did not advise correctly and that my proposal still needs to be debated and the committee resolution (for works that will cost the council money) needs to be stayed until proper debate has occurred. 

Our standing orders read 

PREVIOUS RESOLUTIONS

  1. A resolution shall not be reversed within six months except either by a special motion, which requires written notice by at least four councillors to be given to the Proper Officer in accordance with standing order 9, or by a motion moved in pursuance of the recommendation of a committee or a sub-committee.

  2. When a motion moved pursuant to standing order 7(a) has been disposed of, no similar motion may be moved for a further six months.

by (560 points)

1 Answer

+1 vote
If the terms of reference of the committee allow it to make spending decisions, the matter should not be discussed at a full council meeting. If the committee may only make recommendations, the council must make the final decision.
by (52.9k points)
Thanks David - trouble is faith and trust in clerk and chair.....rest of my colleagues don't quite grasp the nub of what I am saying.....but as you say its a weapon in my armoury of procedural improvement and I shall chose my moment to deploy....much appreciated. Good night.
DavetheClerk - sorry me again.....the clerk won't accept the opinion you have on the muddled Terms of Reference and delegated powers etc.....she insists on knowing my source! "Please provide me with the source of your advice so I can validate – I always question opinion and rely on fact and law'" Where might I go to back up what you have said? Thank you once again
Your clerk is probably reading this tread and has worked out who you are );0)
Great - then they can join in and tell us why they are rejecting the opinion given!
I think your clerk has missed the point here. You have a Scheme of Delegation, agreed at the Annual Meeting, which defines the role of the Estates Committee as "to consider policy issues..." and "scrutinise the operation..." and "to make recommendations to the Council..." There is no mention of any power to spend money, whether budgeted or not. If the Council wishes the Committee to have delegated powers to spend in accordance with the Financial Regulations, add this to the delegated role of the committee. Job done!

For what it's worth, I've been involved in local government administration since 1984 and for the last 30 years, I have held various positions providing advice and support to councils and voluntary organisations in relation to cooperation and joint working.

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