Standing Orders
BUNDORAN TOWN COUNCIL STANDING ORDERS REGULATING THE PROCEEDINGS OF THE COUNCIL
(Adopted 2nd July 2002)(Amended 2nd September, 2003)
Local Government Act, 2001
Interpretation
In these Standing Orders-
(a) Unless the context otherwise admits or requires words, phrases, titles etc. will have the same meanings as given to them in the Local Government Acts, 1925 to 2001.
(b) “The Act” means the Local Government Act, 2001.
(c) “The Regulations” means the Local Government Act, 2001 (Meetings) Regulations, 2002 – S.I. No. 66 of 2002.
(d) “Schedule 10” means Schedule 10 of the Act.
(e) “The Council” means Bundoran Town Council.
(f) “Principal Offices” means the Council’s Civic Offices at Bundoran, County Donegal.
(g) “The Chair” means the Cathaoirleach or other person chairing a meeting of the Council or a committee as appropriate.
(h) “Ordinary Meeting means a meeting of the Council, other than the annual meeting, the budget meeting or a special meeting.
(i) The masculine gender is to be interpreted as including the feminine where appropriate.
(j) “Point of Order” means a point which a member seeks to raise concerning the application and/or the proper interpretation of relevant legislation, regulations or these Standing Orders and/or the adherence or otherwise to such provision(s) by another member or members or the Council as a whole and is to be distinguished from a point concerning the substantive issue under discussion or about to be discussed at the relevant time.
Meetings of the Council
1. Unless upon any occasion when it is otherwise fixed by statute or by resolution of the Council, Ordinary Meetings of the Council shall be held on the 1st Tuesday of each month. A schedule of Ordinary Meetings of the Council for the ensuing year shall be approved at each Annual Meeting.
Annual Meeting
2. In the year 2003 the annual meeting shall be held on a day not being more than fourteen days either before or after the anniversary of the first annual meeting held in 1999 as the Council by resolution appoint provided that where such fourteenth day after the anniversary day or such fourteenth day before the anniversary day is an excluded day, the meeting may be held on the next following day (or preceding day as appropriate) which is not an excluded day.
In every other year that is not a local election year the Annual Meeting shall be on such day in the month of May or June as the Council by resolution appoints.
Whenever an Annual Meeting is for any reason not held on the appointed day the meetings administrator shall, following consultation with the Cathaoirleach, or if the office of Cathaoirleach is vacant or he/she is unable to act, with the Leas Cathaoirleach, convene a meeting for a day which the administrator considers to be the earliest convenient date for that purpose.
In an election year the Council shall publish a notice of its Annual Meeting in at least one newspaper circulating in its administrative area. The notice shall state the date of the annual meeting and where appropriate that the first business of the meeting will be the election of the Cathaoirleach, and specify the joint bodies and other bodies to which the Council is entitled to make appointments at that meeting or subsequently. The notice shall be in a form and published within the period prescribed by regulations.
In the case of an Annual Meeting in an election year and until the election of the Cathaoirleach at such meeting, the Chair for this period shall be taken by a member or an employee selected by the meeting for this purpose. Any member selected to chair an annual meeting under this subparagraph shall not have a second or casting vote and any employee of the local authority if so selected in accordance with this subparagraph shall not have any vote.
At an Annual Meeting in an election year the meetings administrator shall read out the names of persons duly elected as members of the local authority.
Subject to this the election of a Cathaoirleach is to be the first business of an Annual Meeting and the next business, the election of Leas Cathaoirleach.
In the case of the Annual Meeting in an election year the business to be transacted after the election of the Cathaoirleach and the Leas Cathaoirleach shall include the consideration of the election, appointment or nomination of members of joint bodies or other bodies elected, appointed or nominated by the Council.
Council Budget Meeting
3. A Council Budget Meeting shall be held during the period prescribed by regulations for that purpose.
Special Meeting
4. A Special Meeting of the Council may be convened at any time by the Cathaoirleach or if the office of Cathaoirleach is vacant or the Cathaoirleach is unable to act, by the Leas Cathaoirleach, or by the Cathaoirleach on foot of a request in writing presented to him or her by any five members.
Where the Cathaoirleach refuses or neglects to act on foot of a request within 7 days of it being presented to him/her, the members making the request may convene a meeting. The provisions of paragraph 6 of Sch. 10 apply in relation to calling of such meeting.
Hour of Meeting Monthly
5. The hour of meetings of the Council shall be 2.00 p.m. or at such other hour as may from time to time be fixed by resolution of the Council. The Council shall rise not later than 4.00 p.m.
Place of Meeting and Address of Principal Offices
6. In so far as practicable the place for holding meetings of the Council shall be the principal offices of Local Authority and meetings shall normally be held there, provided that the Council may from time to time by resolution appoint an alternative location for a particular meeting.
The address of the principal offices for the purposes of these Standing Orders is Civic Offices, Bundoran.
Summoning of Meeting
7. A notification to attend a meeting, other than a Council budget meeting shall (a) be sent or delivered to each member of the Council (b) specify the place, date and time of the meeting, and (c) give not less than 3 clear day notice. The 3 clear days shall only exclude (i) normal day for receipt of the notice, and (ii) the day of the meeting
A notification shall include or be accompanied by an Agenda listing the business to be transacted at the meeting. Subject to Standing Order 20 no business shall be transacted at a meeting other than that specified in the Agenda which relates to the meeting or business required by the Act, or otherwise by law to be transacted at the meeting.
An Agenda which has been sent or delivered for this purpose may be altered (whether by way of addition, deletion or otherwise) if an Agenda specifying the alteration is delivered or sent to each member not less than 3 clear days before the day on which the meeting is to be held.
In the case of a Special Meeting convened by requisition under Standing Order 4, a copy of the requisition shall be sent with the notification.
4. A notification shall have the signature of the meetings administrator and any document claiming to have that signature shall be deemed, until the contrary is proved to have been duly issued or given with the authority of the Council.
Want of service or non-receipt of a notification by any member or lack of a signature or any other defect in the notification does not affect the validity of a meeting or of any act or thing done at the meeting.
For the purposes of this Standing Order “signature” includes a facsimile of a signature by whatever process reproduced or a printed version of the name of the meetings administrator.
Public Notice of Meeting
5. Public Notice of the place, date and time of a meeting other than a Council budget meeting shall be displayed not less than 3 clear days before the day of the meeting in or at the principal offices of the Council in a position convenient for public inspection during normal office hours.
The Notice shall include the Agenda for the meeting and in the case of a meeting requisitioned under Standing Order 4 the Agenda shall include or be accompanied by a copy of the requisition.
Subject to any arrangements as it may make the Council shall supply a copy of a public notice and agenda to the media.
Constitution of Meetings
6. The Chair shall be taken by the Cathaoirleach at a meeting of the Council within 10 minutes after the time appointed for such meeting or in his/her absence by the Leas Cathaoirleach or otherwise by a member called thereto by general agreement or chosen by vote of the members present to chair the meeting and such member shall leave the chair on the arrival at the meeting of the Cathaoirleach or Leas Cathaoirleach.
7. The names of the members attending shall be recorded by each member by signing the attendance record.
8. The quorum for a meeting of Bundoran Town Council is four.
Whenever a meeting of the Council is abandoned owing to failure to obtain a quorum the names of those present at the time and place appointed for such meeting shall be recorded by the meetings administrator and they shall for all purposes be deemed to have attended a duly constituted meeting.
If a quorum is not present within 30 minutes after the time fixed for the meeting or at any time during the meeting the meeting shall stand adjourned to a day to be named by the Cathaoirleach.
Order of Business
9. The Order of Business at all meetings other than Annual Meetings, Council Budget Meetings and Special Meetings shall, be as follows:
(i) Confirmation of Minutes
(ii) Managers Orders
(iii) Planning Applications
(iv) Consideration of Reports and Recommendations
(v) Business prescribed by Statue, Standing Orders or Resolutions of the Council for transaction at such meeting
(vi) Other Business set forth in the Notice convening the meeting
(vii) Notice of Motion
(viii) Questions
(ix) Correspondence
PROVIDED ALWAYS that this is subject to any provision of law requiring that any particular item of business should take precedence over the Order specified above.
In the case of a meeting convened for a special purpose the business specified in the Notification for such meeting shall be transacted and no other business.
At an ordinary meeting of the Council is shall be proper, if a majority of the members present and voting so decide, to take an item for consideration out of the sequence of listing on the Agenda, provided always that such decision shall not affect any business required by Statute to be done before any other business at the meeting.
Confirmation of Minutes
10. Minutes of the proceedings of a meeting of the Council shall be drawn
up by the meetings administrator.
The Minutes shall include:-
(a) the date, place and time of the meeting
(b) the names of the members present at the meeting,
(c) the names of the senior employees of the Council present at the meeting
(d) reference to any report submitted to the members at the meeting,
(e) where there is a roll call vote, the number and names of members voting for and against the motion and of those abstaining
(f) particulars of all resolutions passed at the meeting
(g) such other matters considered appropriate.
A copy of the minutes of a meeting shall be sent or given by the meetings administrator to each member of the Council.
Minutes of a meeting shall be submitted for confirmation as an accurate record at the next following ordinary meeting, where practicable, or where not, at the next following meeting and recorded in the minutes of that meeting.
When confirmed with or without amendment, the minutes of a meeting shall be signed by the person chairing the meeting they were submitted to for confirmation and any minutes claiming to be so signed shall be received in evidence without proof. When the question that they be confirmed is put from the Chair, a Member may object to any part thereof as not being an accurate record and upon a motion any question of altering the record shall be determined by the Council by majority vote of those members who were present at the appropriate meeting; provided that no entry shall be made in the Minutes of any protest other than a record of dissent, save in the form of a motion on an amendment.
A copy of the minutes when confirmed in accordance with this Standing Order shall be open to inspection at the principal offices of the Council and any person may inspect and make a copy of, or abstract from, the minutes during the usual office hours of the authority.
A copy of the minutes shall be provided to any person applying for them on payment of such reasonable sum, being a sum not exceeding the reasonable cost of supplying the copy, as may be fixed by the authority.
Notices of Motion/Questions
11. Every Notice of Motion/Question dated and signed by the Member or Members giving it shall be delivered to the meetings administrator and shall be recorded in the order of their receipt and shall appear on the Agenda in that order.
No Notice of Motion/Question shall be set down on the Agenda for any meeting unless such Notice of Motion/Question shall have been delivered to the meetings administrator at least 10 clear days before the date of such meeting.
12. If any Notice of Motion/Question of which notice has been duly given relates to a matter normally dealt with by a Committee or comes within the terms of reference of any Committee or Committees, it shall be referred to such Committee or Committees as the meetings administrator may determine. Any dispute on such reference shall be determined by the Cathaoirleach.
Any notice of Motion, which obviously is out or order, or contains unbecoming expressions, may be expunged from the agenda by order of the Cathaoirleach. In any case in which the Notice of Motion is, in his opinion irregular or illegal, the Meetings Administrator shall communicate that opinion to the Cathaoirleach and to the member giving notice.
13. No member shall be permitted to have more than five motions or questions or a combination thereof (including adjourned motions) on the Agenda for any one meeting and the name of a member shall not appear more than 5 times on the Agenda as proposer or co-proposer of motions for any one meeting.
Any question which, in the opinion of the Council, is unreasonable, unsuitable in form, frivolous or derogatory to the dignity of the Council may be disallowed. A question which has been fully answered may not be renewed, and in answering a question, the matter to which it refers is not to be debated.
Motion to amend or Revoke Resolutions
14. A motion to revoke or amend a resolution of the Council can only be made on notice inserted in the Agenda, and such notice shall specify the resolution to be revoked or amended and furnish the terms of the motion to be made; but no such motion shall be allowed to appear on the Agenda to revoke or amend any resolution of Council within six months of the date of the adoption of such resolution except with the written consent of not less than five members of the Council. A resolution may not be revoked at the meeting at which it has been adopted.
It shall be necessary for adoption of a motion to revoke or amend a resolution of the Council that not less than five members being not less than one half of the total number of members of the Council vote in favour and subject to any statutory requirements.
19 Subject to Standing Order 18 any matter decided by the Council by motion on notice or on the report of a committee shall not be re-opened within 6 months of the date of such decision.
Section 140 Planning Motions
20. (a) Subject to the proviso in paragraph (b) of this Standing Order “Section 140 Planning Motion) in Standing Orders 21 to 30 shall mean one to propose
(i) a resolution under Section 140 of the Act requiring the Manager to grant planning permission or approval in respect of a particular application made to the Council in that regard for the development of the land concerned
OR
(ii) a resolution to be passed by the Council in accordance with Section 34(6) (a) (iv) of the Planning and Development Act, 2000 or (where appropriate) Section 26 (3) (a) (iv) of the Local Government (Planning and Development) Act, 1963 (as substituted by Section 39 (d) of the Local Government (Planning and Development) Act, 1976) in circumstances where notice has been given (pursuant to Section 140 of the Act) and an order has previously been made by the County Manager in accordance with Section 34 (6) (c) of the said Act of 2000 or Section 26 (3) (c) of the said Act of 1963, respectively.
And Standing Orders 21 to 30 shall apply only to such Motions
(a) Notwithstanding paragraph (a) hereof Standing Orders 23, 26, 27, 28 and 29 will also apply to a Motion to propose a Resolution in accordance with the statutory provision specified in paragraph (a) (ii) above in circumstances other than where notice has been given and an Order has previously been made by the County Manager in accordance with the provisions specified therein.
21. In addition to all other legal requirements, the Council’s procedure for dealing with a Section 140 Planning Motion shall be in accordance with said Standing Orders 21 to 30. The rest of Standing Orders shall also apply but subject to the proviso that in the event of any conflict or difference between this Order and others, the provisions of this Order will prevail.
22. When a Section 140 Planning Motion is reached on the agenda the Cathaoirleach will ask for a proposer and seconder for the Motion. If it is duly proposed and seconded, no member shall be entitled to speak to the Motion at that point and the following provision of this Order will apply. If the Motion is not duly proposed and/or seconded the Cathaoirleach will declare the Motion as withdrawn.
23. The debate on a Section 140 Planning Motion will be introduced by the Cathaoirleach inviting the Manager to read into the record of the meeting the contents of the documents circulated to the members in advance. In addition he may make such further comments as he may wish to in relation to legitimate factors to be considered by the members in dealing with the Motion.
24. Thereafter, the members who were the signatories to the notice proposing the Section 140 Motion will be invited to speak to the Motion and specifically to identity the basis for their refusal to accept the advice of Council Officials (to the effect that planning permission should not be granted) in the form of an opinion from another expert or a reasoned judgement as to why the advice of the Council’s expert officials can be overruled. The relevant officials will attend the meeting where possible and will be available to answer questions from all members.
25. Thereafter the Cathaoirleach will invite all other members who wish to, to speak to the Motion.
26. The members in considering a Section 140 Planning Motion and thereby determining the relevant planning application must exercise that function in a Judicial manner. The Council must therefore have regard to all relevant and legitimate factors which are before it and must disregard any irrelevant or illegitimate factor which might be advanced. The Cathaoirleach will therefore disallow all contributions of members which are not about matters strictly relevant to and legitimate for consideration. Such limitations on the members include those which specifically restrict the Council to considering the proper planning and development of the area and the other matters laid down by statute and disregard the applicant’s personal circumstances.
27. The Council must have regard to all submissions or observations validly made by any person in respect of the relevant planning application. Further the parties affected must get a fair and proper opportunity of having their views conveyed to the Council who must act fairly in all respects in arriving at its decision. Generally speaking an applicant or objector will not be afforded the opportunity of making his case orally to the Council members but in the event that the Council members so resolve that such opportunity be given, then both sides being applicant and objectors (if there are such) will be given the same opportunity.
28. In order to meet the obligation to act judicially Council members must be present throughout the entire period of dealing with the Motion, the Cathaoirleach will not permit interruptions for other matters during this time and only those members who are present throughout will be entitled to vote on the motion.
29. A full note of the proceedings of the meeting dealing with the Motion will be included in the Minutes of the Meeting.
30. The Council will first decide whether planning permission should or should not be granted and in the former case will then go on to decide what (if any) conditions should be attached to the permission. On the conclusion of the Council’s deliberations a Motion may be put proposing that certain specified condition(s) or no conditions be attached to the permission. However, it would be open to the members to propose that a certain specified condition or conditions should or should not be attached to the permission in which event a vote shall be taken on that issue(s) before dealing with the balance of the conditions.
Motion for Purpose of Dealing with Urgent Business
31. Notwithstanding any other provisions of these Standing Orders a motion may be proposed without notice for the purpose of dealing with urgent business related to a function of the Council, subject to the requirement that not less than six members being not less than two thirds of the total number of members of the authority vote in favour
Adjournment of Council
32. A motion for adjournment of the Council may be made at any time and shall be determined without amendment and without debate, except that the mover of the Motion of adjournment and the mover of the Motion immediately affected by it, may each address the Council for not more than five minutes on the question of the adjournment; and when the Motion of adjournment is adopted, the meeting will stand adjourned to a day then named or in the event of no such date being named, to the next occurring ordinary meeting.
A Special Meeting may be adjourned from time to time until its business is concluded.
Motions and Amendments
33. A motion, notice of which stands in the Agenda and which has been proposed and seconded, may be withdrawn only on leave obtained from a majority of the Council present at the meeting at the request of the member concerned.
A motion may either be proposed by the member in whose name it stands or if he or she be absent, by any member authorised by him or her in writing to propose it on his or her behalf, but unless so proposed, and in the absence or a request in writing from the member in whose name it stands to postpone it, the motion shall be dropped and shall not again be set down in the Notice Paper except on fresh notice. A motion or an amendment when not seconded is dropped.
34. An amendment which has been proposed and seconded may be withdrawn only on leave obtained from a majority of the Council members present at the meeting at the request of the member concerned.
35. An amendment shall be relevant to the motion on which it is moved and shall be either (a) to leave out words, (b) to leave out words and insert or add others, (c) to insert or add words. An amendment shall not be in order if it is equivalent to a direct negative or if it is not in fact an amendment of the motion it purports to amend.
36. Whenever an amendment on an original motion has been moved and seconded, no second or subsequent amendment shall be moved until the first amendment shall have been disposed of, but notice of any second or subsequent amendment shall first have been given.
37. When an amendment is affirmed the original motion as amended becomes the substantive motion upon which any further amendment, of which notice has been given may be moved.
38. When an amendment is lost any further amendment of which notice has been given may be proposed, but only one amendment shall be at any time before the meeting and an amendment shall not be in order if the Chair rules it to be substantially the same as an amendment already lost.
Order of Debate
39. Except with the permission of the Chair no member shall address the Council for more than three minutes with the exception of the proposer of a motion listed on the Agenda who shall not address the Council for not more than five minutes. A member may speak once upon any item on the Agenda or on any motion except a motion which is to be put without debate. The proposer of a motion has the right to reply whilst the motion remains before the Chair and when the proposer replies the debate on the motion is closed.
40. No member who has spoken to a motion may move or second an amendment, but when an amendment is moved and seconded, a member who has already spoken to the original motion may speak to the amendment.
41. A member may speak more than once on the same motion or amendment for the purpose only of submitting a point of order or making a personal explanation. The Chair’s decision in determining a point of order or personal explanation shall be final.The Chair shall ascertain that a motion is seconded before the proposer is permitted to speak to it.
42. A motion “that the Council proceed to the next business” may be made after any motion has been proposed and seconded. When made it shall be determined without amendment or debate and if it be affirmed the business interrupted by such motion shall not be proceeded with further at that meeting and unless the council otherwise determine shall be adjourned to the next ordinary meeting. The motion to proceed to next business shall not be made more than once during the debate on any question.
43. At any time during a discussion on a motion a member may move “that the question be now put” and if such leave be given by the assent of the majority of those present and voting, the motion shall be put, subject to the right of reply by the proposer of the original or substantive motion.
44. When two or more members at the same time offer to speak, the member called upon by the Chair shall have precedence.
45. A member while speaking shall address only the Chair
46. A member speaking shall not be interrupted except upon a question of order, but may give way to a member desiring to make a personal explanation.
47. When a member seeks to make a point of order, the member then addressing the Chair shall give way until the question of order has been determined by the Chair, unless the former seeks to address the Chair upon the question of order.
48. The Chair is the sole judge of order in the Council and has authority to maintain order and enforce prompt obedience to his/her ruling. When during a debate the Chair rises, any member then speaking shall give way to the Chair.
Disorderly Conduct
49. If in the opinion of the Chair any member has been or is disorderly by persistently disregarding the ruling of the Chair, or by behaving irregularly, improperly or offensive or by otherwise obstructing the business of the meeting, and the Chair has conveyed his or her opinion to the members present by naming the member concerned, then the Chair or any member may move “that the member named leave the meeting” and the motion, if seconded, shall be put and determined without discussion.
50. Where Council decides that a member leave a meeting, that member shall immediately leave the meeting and shall not be entitled to speak or to take any further part in that meeting on that day.
51. Where in the opinion of the Chair there is general disorder which impedes the orderly transaction of business or where a member against whom it was resolved that he or she leave the meeting refuses to do so, the Chair may adjourn the meeting for such period as he or she considers necessary in the interests of order.
Deputations
52. The Council may by resolution decide to receive a deputation. Subject to the direction of the Chair, two persons may speak on behalf of the deputation for not more than five minutes each unless permitted by the Chair.
A request for a deputation to be heard by the Council shall not be considered unless the subject matter to be raised be notified in writing on the motion of a member of the Council, or direct application by the body concerned, sent to the meetings administrator at least 10 clear days before the date of the meeting. It shall be necessary for a decision of the Council that a deputation be heard at the next subsequent meeting or that a deputation be heard in-committee, that not less than six members being not less than two thirds of the total number of members of the Council vote in favour.
The deputation may only be questioned by members of the Council but shall not be entitled to ask questions.
When the members of a deputation have addressed the meeting, they shall withdraw from the meeting.
Questions, Votes and Divisions
53. Every question shall be determined by a show of hands, unless three members request a division, in which case the names for and against the motion or amendment shall be taken down in writing and recorded in the Minutes.
54. Where the Chair has not formally declared the result of a vote, or is in doubt as to whether his/her declaration is right or wrong, she/he is entitled as she/he thinks fit to take a second vote on the matter, especially if she/he considers that through some misunderstanding the first vote did not properly represent the sense of the meeting at that time.
55. Each member present at a meeting of the Council shall have a vote unless prohibited by any enactment.
56. Without prejudice to any enactment or other provision of these Standing Orders requiring either the presence of a specified number or proportion of the members or that a specified number or proportion should vote in favour for the doing of any particular act, all acts of the Council which are reserved functions or questions duly coming or arising before a meeting of the Council shall be determined (a) by a majority of the members present and voting or where there is a equality of votes, by a second or casting vote of the person chairing the meeting (which person shall have and may choose to exercise such a vote)
Attendance of Public and Media
57. The right of the public and representatives of the media to attend Council meetings is subject to the following:-
Where the Council is of opinion that the absence of members of the public and representatives of the media from the whole or part of a particular meeting is desirable because of the special nature of the meeting or of an item of business to be or about to be considered at the meeting or for other special reasons, the Council may, by resolution in respect of which, at least one half of the total number of members vote in favour, decide to meet in committee for the whole or part of the meeting concerned. The resolution in this instance shall indicate in a general way the reasons for the resolution and those reasons shall be recorded in the minutes of the meeting.
58. Members of the public and representatives of the media will occupy the parts of the Meeting Room allotted to their use.
59. Members of the public shall be seated and maintain silence and observe any directions given by the Chair.
If a member of the public interrupts a meeting at any time or endeavours, without the permission of the Council to address a Meeting, the Chair shall warn him or her and if the interruption continues shall order that person’s removal.
In the case of a general disturbance in any part of the Meeting Room open to the public, the chair shall order that part to be cleared.
60. No cameras of any kind or sound recording or communication equipment may be used at meetings of the Council without prior approval of the Council.
61. The use of mobile phones shall not be permitted at meetings of the Council and all mobile phones shall be switched off for the duration of meetings.
Committees – General
62. The Council may appoint a Special Committee for a specific purpose. When appointing such a Committee it shall at the same time determine the number and names of members to constitute such Committee and shall also fix the quorum which shall not be less than three. The term of office of a Special Committee shall be for such a period as the Council may determine when appointing the Committee.
63. Every Special Committee at its first meeting shall appoint a Chairperson from its members and, where practical, fix the day and the hour of future meetings.
64. In the election of Committees, candidates shall be proposed and seconded and if the number so proposed and seconded does not exceed the number of vacancies, those proposed and seconded shall be declared elected. Should the number of those proposed and seconded exceed the number of vacancies a vote shall be taken, and the procedures shall be as follows:-
The members present shall then proceed to vote for the candidates standing nominated and the candidate receiving the least amount of votes shall be eliminated.
A second and subsequent votes as necessary shall take place until the remaining number of candidates standing nominated is equal to the number of vacancies.
If two or more candidates receiving the least number of votes have an equality of votes, the candidate to be eliminated shall be decided by lot.
Nothwithstanding anything contained above, the provisions of paragraphs 18 of Sch. 10 and the requirements of any other enactment will apply to appointments to committees.
65. Whenever a vacancy occurs in the membership of any Committee of the Council, by reason of the death, resignation or disqualification of a member, such a vacancy shall be filled as soon as circumstances permit, by the Council after due notice.
66. In a Committee, a motion or amendment maybe proposed without a seconder, and a member may speak more than once to any question, but otherwise the Rules of Order of the Council, so far as they are conveniently applicable, shall govern all proceedings of Committees, and the member in the Chair at any meeting of a Committee shall determine questions of order.
67. Every Committee in the whole of its proceedings shall be governed by the Standing Orders or Resolutions of the Council affecting such Committee.
68. A copy of every Report of a Committee to be submitted to the Council shall, before the submission thereof, be transmitted to every member of the Council at least three days before Council meetings, save in cases of urgency when reading of the Report to Council shall suffice.
69. The attendance of members of the public and representatives of the media at meetings of a committee of the Council is permissible except in the case of such committee as may be determined by resolution of the Council under Section 54 (1)(c)(ii) of the Act.
It is necessary for the passing of such resolution that at least five, being not less than one-half of the total number of members of the Council vote in favour and that not less than seven days notice of the proposed resolution is given to the members of the Council.
70. The meetings administrator shall summon a meeting of any Committee at the request of the Chairman of the Committee, or any three of its members or whenever the meetings administrator deems it necessary in special circumstances that such Committee shall meet.
71. The Cathaoirleach of the Council shall be ex-officio a member of every Committee and every Sub-Committee except those where membership is fixed by Statute.
72. In the absence of the Chairman of a Committee, the Chair shall be taken by any Council member of the Committee agreed at the meeting.
73. The Chair of each Committee shall be responsible to the Council for the general management of the business entrusted to such Committee
74. Committees may appoint sub-committees from their number to facilitate the transaction of business, who shall report to the Committee, but such sub-committee shall not have the power to transact any business without express authority from the Committee
75. The Council may resolve itself into a Committee of the whole Council for the transaction of business to be specified in the Resolution
76. The decisions of the Committees of the Council shall not become binding, except where otherwise provided in the Standing Orders, until approved by the Council, unless the Council specifically empowers these Committees to deal (without further reference to it) with certain matters, subject to the appropriate legal provisions.
Suspension of Standing Orders
77. Subject to the provisions and requirements of the Act, or of any other enactment, any Standing Order except No. 18, 20, 22 to 41, and 43 to 46 may at any time be suspended on a motion proposed without notice for the purpose of enabling any specific business defined in the suspensory motion to be considered and dealt with by the Council, subject to the requirement that at least two thirds of the members present vote in favour.
Casual Vacancy
78. A casual vacancy shall be filled in accordance with Section 19 of the Local Government Act 2001, except where the person causing the casual vacancy was a non-party candidate at his or her election to the Council.
Such vacancy shall be filled by the co-option of a person in accordance with the following procedure:-
A person is not to be proposed for co-option at a meeting of the Council without his or her written consent.
Where only one person is nominated, that person will then be co-opted.
Where two or more persons are nominated, the members present shall then proceed to vote for the persons nominated, and the person receiving the least amount of votes shall be eliminated.
If two or more persons receiving the least number of votes have an equality of votes, the person to be eliminated shall be decided by lot.
A second, and subsequent votes as necessary shall take place until only one person remains.
The remaining person will then be co-opted.
Miscellaneous
79. A member or members appointed to outside bodies and boards may from time to time submit reports to the Council on matters arising in such bodies or boards which have relevance to the Council and shall in any event do so in accordance with the requirements of Section 141, Local Government Act, 2001.
Made and adopted under the Common Seal of Bundoran Town Council
This 2nd day of July 2002.
Seal of Bundoran Town Council affixed hereto as authenticated by the
Signature of:
____________________
J.Mc Nulty.
Town Clerk.