Time for an update to our rules and regulations

Members of the public attending or watching Tuesday's Town Council meeting saw an unfortunate instance of the rules and regulations getting in the way of good practice.

Now, let me be clear. I make no criticism of the councillors or officers present, they were trying to correctly follow an out-dated set of rules that dictate how our council to conduct it’s business.

Like every council, Melksham Town Council has a set of rules, known as the Standing Orders, that governs how we must conduct our business. Some of these are set out in statue and we have no choice but to follow them, others are there at our discretion.

The whole area of public participation in meetings is discretionally and it is for the council to decide what it will or will not allow.

Convention has always seen members of the public being free to ask just about anything at any meeting and these questions being answered as best they can, but quite often people are left frustrated at questions not being answered adequately and council officers can feel bombarded when they are at a meeting to discuss planning applications and are being expected to answer complex questions relating to council finance.

That’s why we need to update these rules, make them more relevant for how we now work.
So, I’ve written a new set of rules and sent them to all councillors asking for their feedback before formally submitting to council.

However, these rules affect the public as well, so I’m asking for your thoughts and opinions – can these be improved further?

New Questions to Council section
To insert a new section 3 called “Questions to Council” and then renumber remainder of document accordingly.

3. Questions/Representations to Council

• Method for asking questions.
  1. There shall be a period of no more than 30 minutes at the start of all meetings of the Town Council for members of the public and Council to ask questions and/or make representations. This time should, at the discretion of the Chair, be split 20 minutes for public questions and 10 for member questions.
  2. Where there are a number of people who are wanting to speak, these will be taken one at a time.
  3. The Committee Clerk will, prior to the formal opening of the meeting, ask all members of the public and councillors who wish to ask a question or make a representation to indicate and note their names for the record.
  4. Each member of the public will then be invited to ask their first question or make their representation. Once all members of the public who wish to speak have been given the opportunity then a second round of questions can begin for those who have additional questions. Such a process to be continued until there are no more questions or the maximum time limit has been reached.
  5. The same process to be followed for Member questions if required.
• Members of the Public
  1. Members of the public are encouraged to attend meetings of the Town Council and to raise questions of public concern at any meeting of the Full Council. At these meetings the public may ask questions or make a representation relating to any issues of council business.
  2. Members of the public are restricted to making one representation at a meeting and should speak for no more than 3 minutes (including any question they may have relating to their representation).
  3. Where questions are asked at committee or sub-committee meetings these should be restricted to the subject area covered by the committee/sub-committee’s Terms of Reference. Where a question is asked that is not relevant to the committee/sub-committee then it should be passed on to the relevant officer for the correct committee and a written answer provided or, at the questioner’s request, asked at the next meeting of the appropriate committee.
  4. All questions should be directed to the Chair of the meeting who will either respond or request another councillor or officer to do so on their behalf.
  5. Where possible all questions should be submitted in writing not less than 5 working days before the council meeting to allow the appropriate officer/councillor to prepare a proper written response which should normally be published at least 24 hours prior to the meeting. There may be occasions where this is not possible and in these cases such notice will be given to the person submitting the question and a verbal response will be given at the meeting.
  6. Members of the public may ask questions without having given advance notice but must be aware that a detailed answer may not be possible with the opportunity to research the matter. In these instances, a written answer will be provided after the meeting, normally with 7 working days.
  7. Where a written or verbal answer is given the original questioner may ask ONE supplementary question.
  8. There is no debate on public questions and, unless otherwise invited by the Chair, no member of the pubic, elected member or officer should speak to an issue raised.
• Elected Members of the Council
  1. Members of the council are welcome to submit questions for inclusion on the agenda of a meeting no less than 5 working days before the date of the meeting.
  2. Where is question is submitted within this deadline but after the agenda for a meeting being published the question should still be considered as valid and published as a supplement to the agenda.
  3. Any questions submitted as above should receive a substantive written response at least 24 hours in advance of the meeting.
  4. Members are entitled to ask questions at the beginning of a meeting without prior notice but must accept that a detailed answer is unlikely, and a subsequent written answer will be provided within 7 working days.
  5. Where questions are asked at committee or sub-committee meetings these should be restricted to the subject area covered by the committee/sub-committee’s Terms of Reference. Where a question is asked that is not relevant to the committee/sub-committee then it should be passed on to the relevant officer for the correct committee and a written answer provided or, at the Member’s request, asked at the next meeting of the appropriate committee.
  6. All questions should be directed to the Chair of the meeting who will either respond or request another councillor or officer to do so on their behalf.
  7. There is no debate on public questions and, unless otherwise invited by the Chair, no member of the pubic, elected member or officer should speak to an issue raised.
  8. Where a written or verbal answer is given the original questioner may ask ONE supplementary question.