Council

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.