Council Constitution

Part 2 - Articles of the Constitution

Article 3 - Citizens and the Council

3.1 Citizens' Rights

Citizens have the following rights:-

3.1.1 Voting and Petitions

Citizens on the electoral roll for the area have the right to:-

1. vote;
2. sign a petition to request a referendum for an elected mayor form of Constitution.

All citizens of the Borough have a right to sign a petition to request the Council to consider or take action on a matter or issue.

Citizens are also able to approach Members of the Civic Advisory Panel and ask them to raise matters at meetings of the Council in accordance with the agreed procedure.

3.1.2 Information

Citizens have the right to:-

1. attend meetings of the Council to include District Assemblies, Speakers Panels, Scrutiny Panels, Executive Cabinet, Standards Committee except where confidential or exempt information is likely to be disclosed, and the meeting is therefore held in private;
2. attend meetings of the Executive Cabinet when Key Decisions are being considered;
3. find out from the Forward Plan which Key Decisions will be taken by the Executive and when;
4. see reports and background papers, and any records of decisions made by the Council and the Executive; and
5. inspect the Council's accounts and make their views known to the external auditor.

3.1.3 Participation

Subject to the provisions set out below, Citizens will have a right to participate in meetings which are governed by the Access to Information Rules.

(i) General Principle

Citizens will only be allowed to address the meeting subject to the approval of the Chair.

District Assemblies and Scrutiny Panels shall not consider any matter relating to standards of behaviour, conduct, ethics or probity, directly or indirectly involving any Member or Officer of the Council.

Any such matter(s) shall be referred immediately, without debate, to the Monitoring Officer (and in the case of financial matters, also the Borough Treasurer). The Monitoring Officer, or his/her nominee, shall seek such information as s/he considers necessary to prepare a full report for consideration by the Standards Committee. S/he will submit, without delay, the report to the Standards Committee

(ii) Speakers Panel (Planning)

Any person (or their representative) who submits a planning application, which is required to be considered by the Speakers Panel (Planning) will have the opportunity to address the Panel for a maximum of five minutes, subject to having given prior written notice to the Borough Planning Officer.

One representative, on behalf of any objectors to a planning application being considered by the Speakers Panel, will have the facility to address the meeting, up to a maximum of five minutes, subject to having given prior written notice to the Borough Planning Officer.

(iii) Scrutiny Panels

Any person called upon to give evidence to a Scrutiny Panel will be afforded the opportunity to address the Panel. They will be expected to do so in an appropriate manner and with regard to the Council's Procedural Rules.

(iv) District Assemblies

At each ordinary meeting, Members of the public can submit a question (or have one submitted on their behalf) on matters that are relevant to the Council and the District Assembly.

All questions must be submitted:-

1. in writing, no later than five minutes before the start time of the meeting, as set out on the notice for meeting, or
2. via e-mail no later than 12 noon on the day of the District Assembly.

The person submitting the question can ask the question in person or have read out for them by the Chair of the District Assembly or their nominee. The Member of the public will have a maximum period of five minutes to submit and speak on all their questions.

Members of the public are expected to act and behave in a manner consistent with the Citizen responsibilities set out in Section 3.2 of this Article.

(v) Council Meetings

Members of the Civic Advisory Panel may speak on behalf of the citizens of the Borough at Council meetings, in accordance with the agreed procedures laid down in the Council’s Procedural Standing Orders.

3.1.4 Complaints

Citizens have the right to complain to:-

1. the Council itself under its complaints scheme;
2. the Local Government Ombudsman (www.lgo.org.uk ) after using the Council's own complaints scheme;
3. the Standards Board for England (www.standardsboard.co.uk ) about a breach of the Councillor's Code of Conduct.

3.1.6 Other Rights

Such other rights as may be prescribed by law.

3.2 Citizen's Responsibilities

Citizens are expected to behave in a manner that contributes to the well being of the Borough.

Citizens must not be violent, abusive or threatening to Councillors or Officers and must not wilfully damage things owned by the Council, Councillors or Officers.

Citizens are required to register to vote and actively encouraged to exercise their vote, as part of their commitment to citizenship and local democracy..