Functions of the Full Council
Only the Council will exercise
the following functions:
(a) adopting and changing the
Constitution;
(b) approving or adopting the
policy framework and the budget;
(c) subject to the urgency
procedure contained in the Access to Information Procedure Rules in
Appendix 6 of this Constitution, making decisions about any matter
in the discharge of a Cabinet function which is covered by the
policy framework or the budget where the decision maker is minded
to make it in a manner which would be contrary to the policy
framework or contrary to, or not wholly in accordance with, the
budget;
(d) appointing the
Leader;
(e) agreeing or amending the
terms of reference for committees, deciding on their composition
and making appointments to them;
(f) appointing representatives
to outside bodies unless the appointment is aa Cabinet function or
has been delegated by the Council;
(g) adopting a Members’
allowances scheme under Appendix 15;
(h) changing the name of the
area;
(i)
confirming the appointment of the Head of Paid Service;
(j) making, amending, revoking,
re-enacting or adopting bye-laws and promoting or opposing the
making of local legislation or personal Bills;
(k) all other matters which, by
law, must be reserved to Council.
(l) consideration of
settlements and exit packages on termination of employment or
remuneration on appointment in excess of £100,000.
Public Participation
The Council's constitution
makes provision for public questions to be asked at meetings of the
Council. The relevant information is below. Please contact
democratic.services@derbyshire.gov.uk for further
information
Members of the public who are
on the register of electors, or are tax payers or non-domestic tax
payers in the County of Derbyshire, may ask questions of Cabinet
Members at ordinary Council Meetings.
A question may only be asked if
notice has been given by delivering it in writing or by electronic
mail to the Director of Legal and Democratic Services (via
democratic.services@derbyshire.gov.uk) no later than 12 noon at
least 10 working days before the Council Meeting (i.e. on a
Wednesday 2 weeks before a Council meeting on a
Wednesday). Late questions may be asked
provided they relate to a report on the agenda and could not have
been put before publication of the agenda and notice has been given
by delivering it in writing or by electronic email to the Director
of Legal and Democratic Services no later than 12 noon at least
three working days before the Council Meeting (i.e. on a Friday
when Council meets on the following Wednesday). The notice must
give the name and address of the questioner and the name of the
Cabinet Member to whom the question is to be put.
At any one Council Meeting no
person may submit more than one question, and no more than one such
question may be asked on behalf of one organisation.
The Director of Legal and
Democratic Services may reject a question if it:
• exceeds 150
words in length;
• is not about a
matter for which the Council has a responsibility,
or
which affects Derbyshire;
• asks Council
to act in a way that is ultra vires (outside its
powers), unlawful or illegal;
• is defamatory,
frivolous or offensive;
• is
substantially the same as a question which has been put
at a Council Meeting in the past six
months; or
• requires the
disclosure of confidential or exempt information.
Questions for which 10 working
days’ notice has been given and have not been rejected will
be listed in the agenda in the order in which they were received.
Questions will be asked in the order notice of them was received,
except that the Chairman may group together similar
questions.
The Chairman will invite the
questioner to put the question to the Cabinet Member named in the
notice. If the questioner who has
submitted a written question is unable to be present, they may ask
the Chairman to put the question on their behalf. In the absence of the questioner, the Chairman may
ask the question on the questioner’s behalf, indicate that a
written reply will be given, or decide that the question will not
be dealt with.
If the Cabinet Member to whom
the question is asked is unable to be present, the Chairman may put
the question to another Cabinet Member or indicate that a written
reply will be given.
A questioner who has put a
question in person may also put one supplementary question without
notice to the Cabinet Member who has replied to their original
question. A supplementary question must
arise directly out of the original question or the reply and may be
rejected by the Chairman on any of the grounds in Standing Order
9.4.
The maximum period of time for
questions by the public at a Council Meeting shall be 30 minutes.
This period may be extended at the discretion of the
Chairman. Any questions not answered at
the end of the time allocated for questions by the public will be
answered in writing.
The Director of Legal and
Democratic Services will keep a record, open to public inspection,
of all public questions received and will immediately send a copy
of the question to the Member to whom it is to be put. Rejected questions will include reasons for the
rejection. Copies of all late questions
that could not be listed in the agenda will be circulated to all
Members and will be made available to the public attending the
meeting. The Director of Legal and
Democratic Services will be responsible for sending to the
questioner a copy of the answer provided at the Council Meeting as
soon as practicable after the meeting.
Where a written response is to
be given to a question, the response shall be sent to the
questioner as soon as reasonably practicable after the Council
Meeting, but in any event within 10 days.