Response to comments on Parish Meeting post.

We would just like to remind readers, this blog is not run by any one person, it has a number of residents as members and we work as a team, no single member has full control on what appears. If you wish to comment on anything on this blog you should either comment through the normal channel or email us direct, If you would like to join our group please email us, thank you.

Response to comments on Parish Meeting post.

Thank you for your comments on the Parish Poll posts, we’ll try to answer the points raised which are, in no particular order,

1.    What happens if not many people attend.

2.    East Riding may refuse on technicality.

3.    Should Parish Council organise it.

4.    Annual Parish Meeting.

5.    Why is this information not given by the Parish Council.

6.    Can any 6 people call a parish meeting on any subject.

7.    Likelihood of success.

8.    Why hasn’t PPCP used this tool.

9.    Would we organise your meeting.

1.     What if not many people attend.

You should not be too optimistic on attendance levels, we have suggested you print 3 dozen agenda’s, that’s the most we would reasonably expect to attend. There is no lower limit set, if you only get 2 people attend you obviously wont be able to generate your 10 signatures and no poll will take place, that’s why we have suggested you keep in touch with your supporters and have a substitute group on hand to attend if any of those need to fall out at short notice. So long as your 10 signatories attend you should be ok but you must be 100% certain they are all on the electoral roll for Preston. Once you have the 10 signatures you can then request a Poll take place, providing you have followed the correct procedure in calling the meeting.

We would suggest your 10 signatories and substitutes email East Riding and request their Electoral Roll number so they can be included in your documentation.

2.     East Riding may refuse on a technicality.

If they are able to we suspect they would object to a poll and the Parish Council would almost certainly encourage them to do so.

We have made arrangements to record the proceedings on video from people walking in to the meeting from the moment it’s convened, through to its closure, this becomes essential if council members are involved as Chair and Secretary. We have produced a plan for a timeline of every action we take along the way such as obtaining signatures, posting Notices of the meeting, where, when and time they were posted, with every other action committed to the Time Line.

Should there be any dispute we would be able to establish our position beyond reasonable doubt.

3.     Should the Parish Council organise it?

Absolutely not, that would be a crazy idea. The Parish Council have proven themselves to be untrustworthy and have prevented a Parish Meeting in the recent past, we would certainly not feel comfortable relying on them.

The council is not involved except for the Chairman and Clerk acting as Chair and Secretary during the Parish Meeting if they attend, that’s extremely doubtful. It should also be remembered that if the Council Chairman does not attend but the Vice Chairman does, that person should act as Chair of the Parish Meeting.

You must remember this is a meeting of the Parish (residents) not the Parish Council, the council have no influence at a Parish Meeting, that’s the idea of it, its residents who organise it and residents who decide on the issues. You should inform them of the meeting with the appropriate information and invite the Council Chair and Clerk to attend, beyond that they are of no consequence.

4.     Annual Parish Meeting.

There must by law be a Parish Meeting held at least once each year, the “Annual Parish Meeting” between 1^st March and 1^st June.

In Preston that meeting is held in accordance with the legal requirements but beyond that the whole thing is a farce.

Section 9 of the Local Government Act 1972 states that ‘for every parish there shall be a parish meeting for the purpose of discussing parish affairs and exercising any functions conferred on such meetings by any enactment...’ Section 13 of the Act states ‘the parish meeting of a parish shall consist of the local government electors for the parish’. It is not a part of any Parish Council Meeting and any councillors who might attend are there as residents, just the same as anybody else.

With the Preston ‘Annual Parish Meeting’ its usually given a 30 minute slot before a normal council meeting, less if the council can manage it, that way its swallowed up and nobody really realises its actually taken place it just becomes part of a council meeting to most residents eyes. Giving a parish meeting 30 minutes without informing residents what its actually about is an absolute joke and demonstrates the councils lack of commitment to residents.

The council to our knowledge has never given out any information to make residents aware of their rights and the true purpose of a Parish Meeting. If you ask, the vast majority of residents will most likely tell you that they think it’s a ‘Public Participation’ exercise only and they have no idea of their legal rights. The council should at the very least cover the subject of Parish Meetings on their Web Site to make all residents aware of what they are all about and the rights residents have in convening a meeting and during such meetings. The council very clearly does not want any residents to have that type of information.

5.     Why is this information not given by the Parish Council.

We can’t answer for the Parish Council other than they clearly don’t want residents to have such information as stated above, if they wanted residents to have it they would have given it long before now.

If residents were aware of their legal rights it would mean the Parish Council would be open to challenge from residents and that is something they appear to avoid at all costs.

Some months ago we were told that the council were exploring how to “engage with the public and make the council more open and transparent”, that was because some questions were being asked at the time but a number of councillors were unhappy with that approach because they obviously didn’t want the Council to be ‘open or transparent’. It would seem they have once again won the day because the issue hasn’t been mentioned since, it seems to have died a death!

Ironically, it was in response to a request to the council for a Parish Meeting (that shows the lack of residents understanding), the council was not at all responsive and refused to organise a Parish Meeting and used the above to side step the issue. That was an ideal time for the council to make information available to resident’s, they obviously had no intention of doing that.

If the council wish to give residents meaningful and understandable information explaining their legal rights it should develop a short manual and make it available to all residents and possibly on the Council’s Web Site. There should also be a mechanism in place to explain the items in more detail should any resident request it.

6.     Can any 6 people call a Parish Meeting on any subject?

Yes, with the proviso that they are all registered electors of the parish and the subject is within the remit of the Parish. A resident calling a parish meeting must ensure they follow the correct procedure for any meeting to be effective. If you raise 6 signatures for a Parish Meeting to discuss the war in Afghanistan it may not be valid because the Parish Council (who will be paying the bill) has no power to discuss or influence the war in Afghanistan, in other words its outside of their remit.

7.     Likelihood of success.

If you follow the steps we have outlined and have 10 registered electors of the Parish willing to vote in your support there is a high likelihood of success. Be sure not to fall foul of the procedural requirements.

8.     Why hasn’t PPCP used this tool.

This is one of the things we had planned for in the early days, we set out the subjects we would be prepared to call a Parish Meeting on and once we decided to go, how we would proceed. Another consideration for us was the potential cost to the Parish Purse, we have no desire to waste money on meaningless and possibly ineffective Parish Meetings. We concluded at the time that the timing of any such meetings would be our most important consideration, that came out as the 12 months leading up to a common election in 2015.  That is due for re-consideration early in 2014.

9.     Would we organise your Parish Meeting.

We would be very reluctant to organise your meeting for you, that’s the reason we have tried to give you as much information on how to do it as we could.

It is not because we do not agree with your aims, our views on the Play Park should be reasonably well known by now and we do support a Play Park for Preston, we strongly disagree with how people have gone about it and possibly not with the extent of the proposed installation. In addition to that we very strongly disagree with what appears to council secrecy on the whole topic, so in principle we support your view.

Without strong requests from a reasonable number of residents for us to be involved or organise a meeting we would have to remain with our own aims.

 

If you decide to go ahead with your plan for a Parish Poll we feel you now have all the information you need to make your effort a success and if you do take it forward we wish you all the best and shall support you. If you require further help please e-mail us and we will be pleased to help if we can.

We hope this has been useful.

If there are any residents with similar experience of the council do please contact us by comment or email. If you wish we will post on your experience without your identity being released, or not post anything if you simply want to share your experience it’s entirely up to you. We would love to hear your story, your not alone, there are a number of us, let us compare notes and grow as a group.

Response to; A registered elector and taxpayer of Preston 3.

We would just like to remind readers, this blog is not run by any one person, it has a number of residents as members and we work as a team, no single member has full control on what appears. If you wish to comment on anything on this blog you should either comment through the normal channel or email us direct, If you would like to join our group please email us, thank you.

3. Some Suggested Documents for your campaign.

DOCUMENY 1.

            Notice of Meeting Preston Parish

All registered electors of Preston Parish are hereby invited to at meeting to be held at the Community Hall, Main Street Preston.

on (day, date and time)...............................................................................

The Agenda will be:

A Motion proposing that a Poll of the whole Parish is held on the following question:

“Do you want Preston Parish Council to make a full disclosure of costs, funding sources and all relevant information relating to any Parish Consultation and its outcome to the proposed Preston Play Park? Yes or No”

This meeting is called by the undersigned six electors of this Parish

Signature........................................Address..........................................

Signature........................................Address...........................................

Signature........................................Address...........................................

Signature........................................Address...........................................

Signature........................................Address...........................................

Signature........................................Address...........................................

Dated..............................................

DOCUMENT 2.

Contact the Parish Council Chairman and Parish Clerk and inform them of your intention to convene a Parish Meeting by telephone, meeting or by letter. Suggested form of Letter to Clerk to the Parish Council/Chairman to the Parish Council prior to the Parish Meeting.

Preston Parish Council

(Address)

(Date)

Dear

Re.   Parish Meeting.

I refer to our recent telephone conversation/meeting/letter concerning the above. As a matter of courtesy I am formally writing to notify you that I have now arranged the parish meeting for (date, time and place).

I enclose herewith a copy of the Notice of Meeting for your information. I have to-day displayed this notice on (list of locations, request to have it listed in both Parish Notice Boards on Main Street and at the Community Hall).

I have to-day sent a letter similar to this one to (Chairman/Clerk of the Parish Council) together with a copy of “Notice of Meeting”.

At the Parish Meeting I, or one of those calling the meeting, will propose the following motion:

That this Parish Meeting hereby requests the East Riding County Council to hold a poll under Schedule 12, part 3 of the Local Government Act, 1972. The question to be asked shall be:

“Do you want Preston Parish Council to make a full disclosure of costs, funding sources and all relevant information relating to any Parish Consultation and its outcome to the proposed Preston Play Park? Yes or No”

If you have any queries about the proposed Parish Meeting please do not hesitate to contact me. Thank you for your assistance to date.

Yours sincerely,

DOCUMENT 3.

                          Preston Parish Meeting

being held in the Community Hall, Main Street, Preston.

At 7 pm on (Date)

                                             AGENDA

1.     The appointment of a Chairman for the Meeting. (unless Parish Council Chairman attends)

2.            The appointment of a Secretary for the Meeting. (unless Parish Clerk attends)

3.            A proposal by (name), a parishioner of Preston Parish as follows:-

That this Parish Meeting hereby requests the East Riding County Council to hold a poll under Schedule 12, part 3 of the Local Government Act, 1972. The question to be asked shall be:

“Do you want Preston Parish Council to make a full disclosure of costs, funding sources and all relevant information relating to any Parish Consultation and its outcome to the proposed Preston Play Park? Yes or No”

Proposer speaks to the proposal (see prepared address DOCUMENT 4)

4.            An open discussion on that proposal

5.            A vote (record full details of numbers).

6.            Close of Meeting.

Document 4.

The Proposal and Suggested address to the Parish Meeting to be given by the proposer:

The Proposal:

That this parish meeting hereby requests the East Riding County Council to hold a poll under Schedule 12, part 3 of the Local Government Act, 1972. The question to be asked shall be:

“Do you want Preston Parish Council to make a full disclosure of costs, funding sources and all relevant information relating to any Parish Consultation and its outcome to the proposed Preston Play Park? Yes or No”

The Purpose of this Parish Meeting:

It is not the purpose of this meeting to have a debate on the advantages or disadvantages of such a Play Park. Neither is it intended to be a forum for a discussion on the merits or otherwise of the Play Park.

The purpose of this meeting tonight is to fulfill a simple legal requirement and it is this. If at least ten parishioners vote for this proposal then the East Riding County Council will be obliged to hold a parish poll in this parish asking the question set out in the proposal.

That poll must take place within not more than 25 days of this meeting.

The sole purpose of this meeting tonight is to compel Preston Parish Council to be open and transparent when it comes to major projects affecting the community as a whole and to seek a broader consensus from within our community.

Procedural Requirements:

There are a number of procedural requirements that I am required to fulfill, as follows:

On the (day and date) I posted a formal Notice of Meeting signed by six parishioners of Preston Parish on/in (list of all locations where notice was left/posted).

On (day and date) I notified by letter both the Clerk and the Chairman of Preston Parish Council of the intention to hold this Parish Meeting and sent them a copy of the “Notice of Meeting”.

(The following to be included only if the Clerk and Chairman are not present) I spoke to both individuals on (date) and invited them to attend but they were unable to accept that invitation.

The Legislation:

Schedule 12, part 3 of the Local Government Act, 1972 places a requirement on Town and Parish Councils to hold a ‘local poll’ on any subject which concerns the electors of that town or parish, provided at least 10 or one third of the electors, whichever is the least, attend a Parish Meeting and vote to have a poll.

If such a poll is voted for at this Parish Meeting then East Riding County Council is required to hold that Parish poll within 14 to 25 days of that vote.

The Background to this Parish Poll:

Why are we seeking to hold this Parish Poll?

There has been much confusion regarding the Preston Play Park, we have had leaflets through our doors in 2012 stating that fund raising is progressing well and a start on installation should begin in early 2013, that time scale has come and gone with little further information being made available.

There has been statements by people at the head of the project on local Social Media sites to the effect that sufficient funds have been raised and installation is expected to begin in September 2013. There has been contrary statements on the same sites and at the same time by people leading the project that there is a substantial shortfall in funding and the Play Park may not happen after all.

There is much confusion regarding the project, arguing amongst councillors/trustees, people trying to “take over” the management of the project, serious questions on the accounting for funds, outside personnel having to “rescue” the project, an insurmountable shortage of funds whilst at the same time the equipment has been ordered, we need clarity and have a legal right to the information requested as residents, electors and precept payers of the parish.

Preston Charities and Preston Parish council are now heavily involved with the project and appear to be making public funds available to the project and the amounts are rumoured to be substantial.

Preston Parish Council appears to have the issue in ‘Lockdown’ and are refusing to make information available to residents which denies residents their rightful opportunity for debate on the issue.

If the project is meant for “all Preston” and substantial public funds are being made available with all available external funding being routed towards the Play Park along with ‘commuted sums’ it is essential that all residents have the opportunity to voice their opinions, it must not be left solely to the council and a few parents to decide the issue and merits of such a scheme when the cost falls upon all residents.

If the project is sufficiently along that commitment to it can no longer be abandoned all information should be made available to residents.

I must stress this matter cuts across the range of opinions in the village, the purpose of this Parish Meeting and Poll is not to denigrate or praise the Play Park. It is to provide the residents of the Parish with the information they have a right to as registered electors, residents and taxpayers and to give a voice to the residents of the Parish.

DOCUMENT 5.

Suggested form of letter to Parish Council Chairman and Clerk after the Parish Meeting has been held if they were not present.

Dear

Re.   Parish meeting (date)

I write to inform you that at (time and date) a Parish Meeting was held at the Community Hall, Main Street, Preston on the motion of the need for a parish poll on the question,

“Do you want Preston Parish Council to make a full disclosure of costs, funding sources and all relevant information relating to any Parish Consultation and its outcome to the proposed Preston Play Park? Yes or No”

 The proposer for the motion was (identify) of (address).

I enclose the following three documents:

A form of Agenda for the meeting.

A written formal proposal and an address to that proposal.

A copy of the minutes of the meeting.

You will note that (number) parishioners attended the meeting and that (number) voted for the proposal. The requirements, therefore, for holding a Parish Poll have been met.

I have this day notified East Riding County Council of the result of this meeting and served upon them the three above-mentioned documents requesting a parish poll.

Thank you for your assistance in this matter.

Yours sincerely,

(Name)

DOCUMENT 6.

Suggested form of letter to Monitoring Officer of East Riding County Council following the successful holding of a Parish Meeting.

For the information of the Monitoring Officer (identify)

Dear (identify),

Parish Meeting at Preston Community Hall, Main Street, Preston.

I am writing to inform you that a meeting of the Preston Parish was held at (time and date).

The following motion was carried:

“Do you want Preston Parish Council to make a full disclosure of costs, funding sources and all relevant information relating to any Parish Consultation and its outcome to the proposed Preston Play Park? Yes or No”

The voting was:           

FOR - (number)

AGAINST - (number)

ABSTENTIONS - (number)

Number of electors present at the meeting - (number). Include names and addresses.

The Proposer for the motion was (name and full address).

The requirements for holding a Parish Poll in this Parish have therefore been met (at least ten electors supporting the proposal, or at least one third of those electors there present, whichever is the least).

I enclose for your information the following documents:

A copy of the Agenda which was distributed at the meeting.

The formal proposal and address, which was given at the meeting.

A signed copy of the Minutes of the Meeting.

I would be grateful if you would now hold a Parish Poll, posing the above question, within 14 – 25 days as required under the regulations.

Would you please inform me, as soon as possible, the date on which the poll will be held and all the arrangements pursuant to that event.

Yours sincerely,

Name

This completes our response to a Preston registered elector and taxpayer. We hope it has been helpful to your efforts.

If there are any residents with similar experience of the council do please contact us by comment or email. If you wish we will post on your experience without your identity being released, or not post anything if you simply want to share your experience it’s entirely up to you. We would love to hear your story, your not alone, there are a number of us, let us compare notes and grow as a group.

Response to; A registered elector and taxpayer of Preston 2.

We would just like to remind readers, this blog is not run by any one person, it has a number of residents as members and we work as a team, no single member has full control on what appears. If you wish to comment on anything on this blog you should either comment through the normal channel or email us direct, If you would like to join our group please email us, thank you.

2. 15 steps needed to successfully demand a Parish Poll.

Step One.

Obtain six signatories (full signatures and addresses) on the ‘Notice of Meeting’ DOCUMENT (1). Once all the signatures have been obtained you can complete the top part of the Notice by filling in the location and time, day and date of the intended Parish Meeting.

Note that you must allow at least seven days between the date of the Notice and the date of the Parish Meeting. Our advice is to allow at least eight to ten days.

Note the following points: Check and ensure that your intended location for the meeting (Community Hall?) is available and what it will cost. You cannot use licensed premises.

Ensure that on the day of the meeting the key will be available for you an hour before the meeting starts.

Meetings are allowable during the evening, not during the day, so fix the time for your meeting at 7 p.m.

Photocopy your Notice of Meeting DOCUMENT (1) making sufficient copies to be used (a) as Posters advertising the Parish Meeting and (b) as copies to accompany your letters to the Parish and East Riding Councils. Always retain the original.

Step Two.

Place your photocopies of the Notice of Meeting in well-used locations in the parish such as, Post Office, village shop, community hall, parish notice boards, Social Media Sites, etc. Make and keep a note of exactly where and when you placed these notices.

Step Three.

Immediately after placing your notices as above, and on the same day, send letters to both the Chairman and Clerk to the Parish Council DOCUMENT (2) notifying them both of your arrangements for a Parish Meeting.

You must enclose a copy of the Notice of Meeting with your letter. It is preferable if you can deliver these letters and enclosures by hand. If not, ensure the letters are sent by Recorded Delivery.

Step Four.

Write a Press Release  and distribute (by hand, post, email or telephone) to local newspapers, Social Media sites, etc.

Step Five.

Prepare sufficient copies (approx three dozen) of the Agenda DOCUMENT (3) and retain for distribution at the Parish Meeting.

Step Six.

During the time between the compilation of the Notice of Meeting and the Parish Meeting, continually ensure that your ten supporters (more if available) know of the details of the Parish Meeting and that they are able to confirm their availability. It is as well to check on this more than once and certainly on the day of the meeting. It is advisable to have two or three substitutes standing by.

Step Seven.

Prior to the Parish Meeting prepare and practice your Proposal and speech DOCUMENT (4). Be totally conversant with the content of what you intend to say and, if the chairman of the meeting is not the Parish Council Chairman, allow the appointed chairman to see your speech and be aware of what you will be saying.

Step Eight.

On the day of the Parish Meeting ensure your ten supporters (plus substitutes) are still available for the meeting. On the evening of the meeting have a reliable person on the door, checking (a) that your ten supporters (and substitutes) are present and (b) who of those entering are on the electoral roll for the parish (if possible). The person checking should take names and addresses of those entering and retain that record. 

IMPORTANT NOTE:- Because a person is a resident of Preston does not automatically ensure they are on the electoral register for the parish.

Step Nine.

After the distribution of the Agenda DOCUMENT (3) to all those present at the meeting the organiser (you) should make your proposal and address the meeting from your script DOCUMENT (4).

IMPORTANT NOTE: - It is imperative that both you and the Chairman try and stop any amendments being put forward from the floor, which will weaken the proposal or confuse potential voters. Once you have given your speech the Chairman should ask for a seconder and then a vote. Ensure that all those voting are parishioners. (Their names must be recorded in the minutes).

As soon as that has been accomplished you then have to read the ‘procedural point’ and request a vote on it (no need for a seconder). In relation to both set of votes, if ten or one third of those present, which ever is the least, vote in favour then a poll may be requested. The meeting should then be closed.

Ensure that the minutes have been properly kept. The chairman, the secretary and you are all required to sign the minutes, the agenda and a copy of the Notice of Meeting.

Step Ten.

On the day after the meeting dispatch a letter DOCUMENT (5) to both the Chairman and Clerk of the Parish Council (if not present at the meeting). Send a letter to East Riding Council DOCUMENT (6) requesting a parish poll. The letter to East Riding County Council should be delivered by hand and a receipt obtained or by Recorded Delivery.

Step Eleven.

Upon notification from the East Riding Council,

(a) That it will organise a poll and,

(b) The time, day, date and location of the a poll, dispatch a Press Release to local      newspapers, Social Media sites, HU12 Online, Preston Village Debate, etc.

Check with East Riding County Council and obtain their agreement for you and named others to attend the count, Preston having 2 Wards may require 2 polling booths if so ensure you have them both covered.

Step Twelve.

In the week leading up to the poll you and your supporters should leaflet every dwelling in the parish with two leaflets. The first leaflet will need to be an informational leaflet concerned with Play Park, how it’s being dealt with by the Parish Council and costs, etc.

The second leaflet will give the time, day, date and location of the poll and will urge parishioners to vote and should be distributed on the day before the poll.

This is the final reminder of the poll.

Step Thirteen.

Do not attend the poll (other than to vote). Stay away from the polling booth. You will already have been told when the polling booth will close (usually 9 p.m.). Attend at that time (with whoever else has been identified as an observer) and witness the count. You will probably be asked to confirm the details of the poll. Do so.

Step Fourteen.

Prepare a press release giving the result of the poll suitable for distribution to local newspapers, Social Media sites etc.

Step Fifteen.

Prepare and dispatch a letter of thanks to East Riding Council including particular areas where the staff have been especially helpful. In the same letter ask how much the poll has cost.

You have now completed the organising of a parish poll in Preston. Well done.

If there are any residents with similar experience of the council do please contact us by comment or email. If you wish we will post on your experience without your identity being released, or not post anything if you simply want to share your experience it’s entirely up to you. We would love to hear your story, your not alone, there are a number of us, let us compare notes and grow as a group.