Boot Motions » Council meeting 22 June 2011 - WorkBoot dig #3
Moved Larsen That Council’s monthly business papers are made available to the public on the Council’s website at the same time as the agenda is published effective immediately.
Council has a duty to provide the public with easy access to information. Public perception and trust of Council is reliant on open communication – a point that has been made by the Mayor on a number of occasions. Making this information available in the interests of public transparency will help to build public confidence in the Council and ensure that Council is seen as living up to its promises. It will enable members of the public to exercise their right to attend Council when Council is considering issues that may be of interest to them.
Reasons given by Mayor for refusing -
3.3.2 Chairperson to decide and 3.10.2 Refusal of notice of motion
The CE has been given this direction from Council and is awaiting scanning equipment which will allow this to happen
My analysis
3.3.2 Chairperson to decide states -
“The chairperson is to decide all questions where these standing orders make no provision or insufficient information, and all points of order, and any member who refuses to obey an order or ruling of the chairperson shall be held guilty of contempt (see Standing Orders 3.1.1, 3.13.6 and Appendix C)”
This is irrelevant as the Standing Orders make clear provision for the rules of notices of motion at section 3.10.
3.10.2 Refusal of notice of motion states –
The chairperson may direct the chief executive to refuse to accept any notice of motion which:
(a) Is disrespectful or which contains offensive language or statements made with malice; or
(b) Is not related to the role or functions of the local authority; or
(c) Contains an ambiguity or a statement of fact or opinion which cannot properly form part of an effective resolution, and where the mover has declined to comply with such requirements as the chief executive may make; or
(d) Is concerned with matters which are already the subject of reports or recommendations from a committee to the meeting concerned.
Reasons for refusing a notice of motion should be provided to the proposer.”
The Mayor claims his reasons for refusing the notice of motion as –
“The CE has been given this direction from Council and is awaiting scanning equipment which will allow this to happen.”
The reasons given do not accord with any of the reasons allowed under clause 3.10.2
(a) It is not disrespectful and does not contain offensive language or statements made with malice; and
(b) Is related to the role or functions of the local authority; and
(c) Does not contains an ambiguity or a statement of fact or opinion which cannot properly form part of an effective resolution, and where the mover has declined to comply with such requirements as the chief executive may make; and
(d) Is not concerned with matters which are already the subject of reports or recommendations from a committee to the meeting concerned.
Therefore no valid reason has been given for refusing notice of motion 3.
Furthermore no prior resolution has been passed to ensure that the CE implements this matter in a timely manner.