mobile menu mobile search

Constitution

Constitution

In this Section

Constitution - Article 1 - The Constitution

ARTICLE 1 – THE CONSTITUTION

Powers of the Council

1.1 The Council will exercise all its powers and duties in accordance with the law and this Constitution.

The Constitution

1.2 This Constitution, and all its appendices, is the Constitution of Mid and East Antrim Borough Council.

Purpose of the Constitution

1.3 The purpose of the Constitution is to:

  • enable the Council to provide clear leadership to the community in partnership with citizens, businesses and other organisations;
  • support the active involvement of citizens in the process of local authority decision making;
  • help councillors represent their constituents more effectively;
  • enable decisions to be taken efficiently and effectively;
  • create a powerful and effective means of holding decision-makers to public account;
  • ensure that no one will review or scrutinise a decision in which they were directly involved;
  • ensure that those responsible for decision making are clearly identifiable to local people and that they explain the reasons for decisions; and
  • provide a means of improving the delivery of services to the community.

Interpretation and Review of the Constitution

1.4 Where the Constitution permits the Council to choose between different courses of action, the Council will always choose that option which it thinks is closest to the statements of purpose in paragraph 1.3.

1.5 The Council will monitor and evaluate the operation of the Constitution.

ARTICLE 2 – MEMBERS OF THE COUNCIL

Composition and eligibility

2.1 The Council comprises 40 elected members, otherwise called councillors.

The councillors are elected by the voters of each district electoral ward in accordance with a scheme drawn up by Electoral Office for Northern Ireland.

2.2 Eligibility to stand as a candidate at a Council election will be determined by the Electoral Office.

Where an individual ceases to be a Councillor, whether by resignation or through other circumstances, the vacancy on the Council will be filled by the co-option of an individual nominated by the political party in whose name the previous individual stood at the last local general election.

Appointment of Aldermen of Council

The election of Aldermen will be in accordance with Regulation 4 of the Local Government (Transitional, Incidental, Consequential and Supplemental Provisions) Regulations (Northern Ireland) 2015

2.3 Council may decide how many aldermen there shall be but the number shall not exceed one quarter of the whole number of councillors, therefore a maximum of 10 of the elected members may be elected as an alderman at the first annual meeting of council following a local Government election for the term of Council.

If any of the titles become vacant, they may be filled at the next annual meeting of Council.

2.4 The honorary title does not confer any additional authority, privileges or responsibility over the remaining elected members, beyond granting the right to be referred to by that title instead of Councillor.

2.5 To be eligible, as a candidate for alderman, a councillor must be nominated by being proposed by a councillor, seconded by another and must assent to the nomination.

Any nomination may be made, and any assent may be given, either in the course of the meeting or by a document signed by the councillor or councillors in question and delivered to the clerk of the council before the beginning of the meeting.

2.6 If 10 or fewer elected members are nominated to be designated as aldermen, the designation will be uncontested and the person presiding at the meeting shall declare all the nominated candidates to be elected.

2.7 In the event of a contested election of an alderman a councillor entitled to vote shall do so by signing and delivering at the meeting to the clerk of the council a voting paper containing in order of preference the full names of the candidate or candidates that he is voting for.

2.8 The clerk of the council shall, as soon as all the voting papers have been delivered to him, proceed to ascertain the result of the voting and shall state the number of votes given to each candidate at each stage of the counting of the votes.

2.9 Where at any stage of the counting of votes the votes recorded for any candidate are equal to or greater than the quota, the candidate shall be deemed to be elected.

2.10 The appointment of an alderman is by Single Transferable Vote method.

The transfer of the surplus votes cast for any candidate shall be affected by the transfer of such surplus votes in proportion to the number of the next available preference votes expressed for other candidates in the voting papers of a successful candidate.

If at any stage of the counting of votes two or more candidates have surplus votes, the largest surplus shall be transferred first.

2.11 If the quota is not achieved after the transfer of all surpluses (if any), the candidate or candidates with the highest number of votes shall be elected to fill the remaining vacancies.

2.12 In the case of an equality of votes for any candidates, the person presiding at the meeting may give a casting vote, whether or not he voted in the first instance, or if the person presiding declines to give a casting vote the matter shall be decided by lot.

2.13 In the case of a contested election the person presiding at the meeting shall declare to be elected as many candidates as there are vacancies to be filled, and in cases where fewer nominations are received than there are vacancies shall declare to be elected all the candidates nominated.

2.14 Any questions or matters arising concerning the counting of votes shall be determined by the clerk of the council.

Election and terms of councillors

2.15 The regular election of councillors will be held on the first Thursday in May every four years as determined by the Electoral Office.

The term of office of councillors will start on the fourth day after being elected and will finish on the fourth day after the date of the next regular election.

Roles and functions of all councillors

2.16 All councillors will:

  • Collectively be the ultimate policy-makers and carry out a number of strategic and corporate management functions;
  • Bring views of their communities into the Council's decision-making process;
  • Effectively represent the interests of their ward and of individual constituents;
  • Deal with individual casework and act as an advocate for constituents in resolving particular concerns or grievances;
  • Respond to constituents' enquiries and representations, fairly and impartially;
  • Participate in the governance and management of the Council;
  • Be available to represent the Council on other bodies; and
  • Maintain the highest standards of conduct and ethics.

Rights and duties

2.17 Councillors will have such rights of access to such documents, information, land and buildings of the Council as are necessary for the proper discharge of their functions and in accordance with the law.

2.18 Councillors will not make public information which is confidential or exempt without the consent of the Council or divulge information given in confidence to anyone other than a councillor or officer entitled to know it.

2.19 Subject to the Code of Conduct for Members, the common law rule against bias and the Council Procedure Rules, councillors have a right to speak and vote on any item before the Council and councillors who are members of a committee have a right to speak and vote on any item before that committee

  • For these purposes, "confidential" and "exempt" information are defined in the Access to Information Rules in Part 4 of this Constitution.

Conduct

2.20 Councillors will at all times observe the Code of Conduct for Members set out in Part 4, Annex I of this Constitution.

Allowances

2.21 Councillors will be entitled to receive allowances in accordance with the Members Allowance Scheme, outlined in Part 5 of this Constitution.