Ordinance of the Island Council of the Public Entity of Saba, Rules of Procedure for the Island Council Committees (2024)

Ondertekening

Explanatory Memorandum

[ Red: This memorandum is part of the model ordinance and was adopted as such]

Article-by-article

Article 3. Tasks

The tasks of the council committees are laid down in Article 82(1) of the Municipalities Act (hereinafter referred to as the Act). The council committees prepare the council's decision-making and consult with the municipal executive or the mayor. As far as the tasks of the council committees are concerned, roughly two models can be distinguished. In the first model, a council committee is mainly focused on preparation and providing information and the political debate takes place in the council, in the second the political debate takes place in a council committee and the decision-making takes place by the council.

The task of preparing the decision-making of the Board is expressed in the task of advising on a proposal or subject. The council committee can also issue advice to the council on its own initiative, this advice can also be a reason for decision-making in the council. The tasks of the council committee are essentially the same as those of the council, those of framework-setting, monitoring and representative body.

The council committee, like the council, sets its own agenda. This means that it is not the Executive Board, but (the chair of) the council committee that decides whether a proposal is submitted to the council committee before it is discussed in the council. In Article 3 of the Model Rules of Procedure for the meetings and other activities of the Board 2018, an agenda committee has been set up to coordinate this. This committee is responsible for the coordination of the content of council and committee meetings. However, it will often be the case that a subject is first discussed in a council committee.

Nowadays, there are variants of meetings that do not have a fixed composition. For example, meetings in sessions and conference tables. The legal provisions concerning the council committees apply to these variants of meetings, despite the fact that there is no question of a fixed composition. If meetings are dedicated to the preparation of the council's decision-making and the consultation with the municipal executive or the mayor, there is a council committee. Such preparation of the council's decision-making is exclusively reserved for the council committees and cannot be entrusted to other committees. All the requirements that apply to a council committee, such as balanced representation, must therefore be taken into account in these variants of meetings (Article 82, third paragraph, of the Act).

Article 4. Composition; Appointment of Commission Chair

The council determines the composition of the council committees. However, Article 82(3) of the Act stipulates that the Council must ensure a balanced representation of the political groups represented in the Council. To achieve this, the first paragraph prescribes that a council committee consists of a minimum and maximum number of members per political group [in proportion to the number of seats in the council]. According to case law, the relationships in the council committees do not have to correspond exactly to the relationships in the council.

The committee members are appointed by the Council, on the recommendation of the political groups (second paragraph). This means that it is up to the groups themselves to decide who represents the group in question in the various committees. It is only possible – in accordance with the third paragraph even mandatory – to refuse the appointment of a nominated member if it concerns a 'citizen member' who does not meet certain requirements of the law (see further the explanation of the third paragraph).

It follows from the third paragraph that the members of a council committee do not have to be council members. However, it is the political groups that nominate the members.

Pursuant to the third paragraph, committee members, as well as council members, must comply with the provisions of Sections 10, 11, 12 and 13 of the Act. This means, among other things, that they must be eighteen years old, have a valid residence permit, disclose their ancillary activities and may not hold a position as referred to in Article 13 of the Act. In order to assess whether the requirements of the law are met, it is obvious to use a credential check. It is recommended that this investigation be carried out by the committee that carries out the verification of credentials for councillors and aldermen on the basis of Article V4 of the Electoral Act. After all, the requirements that need to be examined are the same. This investigation (only on the non-council members) precedes the council decision appointing the committee members.

In order to ensure that each political group – especially the small groups – are able to participate in the meetings of the council committee, the fourth paragraph stipulates that each group may nominate an alternate member. They are subject to the same requirements as committee members.

[The council appoints the committee chairs OR A council committee appoints its committee chair] (fifth paragraph). Pursuant to Article 82, paragraph 4 of the Act, only a councillor can be appointed as chairman of a council committee. A proposal by the government to abolish this requirement was defeated in the House of Representatives in 2014.

Article 5. Term of office and vacancies

The term of office of the members and the chairman is the same as the term of office of council members, so in principle four years. The appointment therefore ends by operation of law, the Board does not have to dismiss them.

Membership of a council committee also terminates by operation of law if a member no longer meets the requirements set out in Article 4, paragraph 3 (second paragraph) and if a member has been appointed on the recommendation of a political group that is no longer represented in the council (seventh paragraph).

The council may dismiss a member of a council committee on the proposal of the group that nominated the member (third paragraph). This situation may arise in the event of a split of a political group. Incidentally, the new group that has been created is then entitled to its own member on the basis of the first paragraph.

Article 7. Call and agenda

The first paragraph requires the committee chairman to send the members of his council committee a written notice announcing the meeting, and the provisional agenda and the accompanying documents a fixed number of days before a meeting (first paragraph). Of course, if the council so wishes, it is possible to send the summons and documents electronically instead of by post. The call shall state the day, time and place of the meeting.

The first paragraph is a provisional agenda. In the day-to-day practice of the municipality, it will not always be possible to draw up an agenda well in advance of the committee meeting, which also has an overview of current affairs. In such a situation, the committee chairman may, if necessary, circulate an additional agenda and documents after sending the written notice (second paragraph).

If, pursuant to Section 86(1) or (2) of the Act, confidentiality has been imposed in respect of documents, these documents shall remain in the custody of the Registrar, contrary to the first and second paragraphs, and the Registrar shall grant the Committee members access upon request (third paragraph in conjunction with Article 8, third paragraph). Confidentiality is mentioned on the documents.

Ultimately, a council committee sets its own agenda. The agenda-setting role of a council committee is expressed in the fourth paragraph.

[The provisional agenda is drawn up by the agenda committee. The establishment and tasks of this committee are governed by the [citation title Rules of Procedure for meetings and other activities of the Board].]

Article 8. Documents made available for inspection

Interested parties must have the opportunity to view documents. That is why all documents are made available for inspection at the same time as the written notice is sent (first paragraph). In addition to the physical inspection at the town hall, the documents will usually be presented electronically (second paragraph). This can be done, for example, via a digital council information system or by placing it on the municipal website.

The Registrar shall act as a secretariat in the service of the Board. Therefore, documents relating to the agenda and proposals of the committee meeting and which must remain secret are made available to him for inspection by councillors and the committee members (third paragraph).

Article 9. Public Notice

This article gives substance to the requirement of Article 82, paragraph 5 of the Act. Rule 9 lays down the procedures for announcing committee meetings. [If the notification is made exclusively electronically, there must be a basis. The second paragraph creates this basis for being able to issue a public notice even in urgent cases.]

Article 10. Attendance

The attendance register and the signature of the Chair and the Clerk of the Committee are intended to formally establish the existence of the meeting quorum. In addition, the attendance list is important to be able to determine the allowances of the non-council members who are members of the council committee.

Article 11. Opening of the meeting and quorum

Section 20 of the Act regulates the meeting quorum of the Board. There is no such provision in the law for the council committees. Article 11 provides for this. If more than half of the members present and have signed the attendance register, a meeting may be held (first paragraph).

The third paragraph provides for a new meeting if the quorum is not reached, otherwise the absence of members of a council committee could impede the progress of work. Of course, at the time when the chairman determines the date and time of the new meeting, it is not yet clear when the written notice will be issued. If there are a few days between the two meetings, it can be assumed that it is possible to send a written notice 24 hours in advance (second paragraph). Incidentally, it makes sense for the chairman to consult with the council committee about the date of a new meeting.

Article 12. Advice; No votes

By using the word decide in the first paragraph, the suggestion can be made that 'real' Awb decisions can also be taken in the committee meeting. However, this is not the case. A council committee does not make decisions, but prepares the decision-making in the council and consults with the municipal executive and the mayor. Decisions can only be made in the council meeting. However, a council committee can issue solicited and unsolicited advice to the council. For the purpose of debate in the Council and to take account of the views of all political groups, including minority opinions, the views of all political groups are included in the opinion. It is obvious that if a member does not agree with the group's position, this will be mentioned separately in the advice to the Council.

Article 13. Number of speaking terms

The asking of questions should also be considered as a speaking period. A speaking period is closed by the chairman (second paragraph). Incidentally, this does not have to change the practice that a portfolio holder answers after the input of the council members in the first and second term. A request from a council member after the end of the second term to give a short response should not be honoured by the chairman. If the council committee is of the opinion that further deliberation is necessary after the second term, it may explicitly decide to do so (first paragraph).

Article 14. Participation in deliberations by others

This provision is necessary in connection with the immunity provided for in Article 22 of the Act, which is declared to apply mutatis mutandis to members of council committees and other persons taking part in the deliberations in Article 82(5) of the Act. Of course, it is also possible for a council committee to decide that a certain official may always take part in the deliberations in certain cases. This provision concerns persons other than the members, the chairman, the mayor and the aldermen. Pursuant to Article 21, read in conjunction with Article 82, paragraph 5 of the Act, they have the opportunity to participate in the deliberations. On the basis of this article, for example, the secretary can be invited. Of course, these other speakers do not have the same rights as Members. Among other things, another speaker does not have the right to make a proposal on speaking time or on the order of business.

Article 15. Citizens' right to speak

Giving citizens the right to speak is a way to involve citizens more in the council's decision-making. Because the council meeting is the final piece of the decision-making process that started long before (official organisation, college, committees), it was decided to include the right to speak in the [citation title Regulation on the council committees]. At that stage, the political groups are still in the process of forming their opinions. An opportunity to have a say during the council meeting is usually less effective ('sham right to speak').

The right to speak only applies to subjects that are on the committee's agenda (first paragraph). In many municipalities there is a possibility for a citizens' initiative. Citizens thus have the instrument of an initiative to put topics on the agenda. Topics that citizens find important can be put on the agenda in this way.

Citizens who wish to have their say can report to the committee clerk within a 'reasonable period of time' before the meeting. Procedurally, it is useful to use approximately 48 hours as a 'reasonable period'. By not explicitly including a deadline, this can be dealt with flexibly and the service orientation towards the citizen can be increased.

In the fourth paragraph, it has been decided to give a citizen the floor only once and not to allow any discussion to take place. Depending on the local situation, 5 minutes of speaking time per citizen may be used as a guideline. Exceptions may be made to this directive on a proposal from the Chairman, whose primary task is to ensure that the sitting is conducted in an orderly manner and thus to be able to sense whether a reduction or extension of speaking time is desirable.

On the basis of Article 12, paragraph 3, the report is sent to the citizens who have spoken.

Article 16. Maintaining order and suspension

Section 26 of the Act states that the presiding judge at council meetings has the power to maintain order in the meeting. There is no such provision for committee meetings, which is why it has been included in Rule 16. Pursuant to the first paragraph, the chairman of the committee is responsible for maintaining order in committee meetings. On the basis of the fourth paragraph, all speakers may, in certain cases, be called to order by the President and, if necessary, may be denied the floor on the subject before us. The chairman may also suspend the meeting and, in the event of a recurrence of disturbance of the peace, close the meeting (third paragraph). In extreme cases, he may deny a member further residence and have him removed from the meeting. If a member persists in his conduct, he may be denied access to the meeting for a maximum period of three months (second paragraph). With regard to the maintenance of order in the public gallery, reference is made to Rule 22.

In order to ensure that members of council committees do not feel hindered from expressing their opinions, Article 82(5) of the Act also provides that Article 22 of the Act applies mutatis mutandis to members of council committees. As a result, members of council committees cannot be prosecuted, held accountable or obliged to testify about what they say in the meeting or submit in writing. This applies to both councillors and non-councillors.

Article 17. Points of order

Every Member shall have the right to make a point of order at any time. The decision as to whether there is indeed a point of order is up to the council committee. A point of order is decided directly by the council committee without deliberation. In the event of a tie, the proposal was not adopted (Article 32, paragraph 4 of the Act does not apply to this). A point of order concerns, for example, the suspension of the meeting for a (consultation) break or a proposal about the (limitation of the) speaking times of the members and other participants in the committee meeting.

Article 19. Application of the Regulation to closed meetings

Provisions applicable mutatis mutandis may include provisions relating to the timely transmission of documents, the quorum of meetings and procedural proposals. However, the provisions of this Regulation shall not apply in so far as the application of those provisions is contrary to the closed nature of the meeting. For example, it will not be possible to make image and sound recordings for public use. With regard to the documents relating to a closed meeting and the matter discussed, a council committee will have to decide whether secrecy as referred to in Article 86 of the Act will be imposed or lifted.

Article 20. Report of the closed meeting

Pursuant to Section 82(5) of the Act, Section 23 of the Act applies mutatis mutandis. The fourth paragraph of Article 23 of the Act prescribes that a separate report of a closed meeting must be drawn up, which will not be made public, unless the council and, in this case, a council committee decides otherwise. In addition to this, the first paragraph stipulates that the minutes of a closed meeting shall be available for inspection by the committee clerk.

Article 21. Lifting of confidentiality

A council committee can impose confidentiality on information and also provide that information to the council. The Council may lift the confidentiality of information provided to the Council (Article 89, paragraph 4 of the Act). There is, however, an obligation to consult, which does justice to the adversarial principle.

Article 22. Audience and press

Article 26(1) and (2) of the Act stipulate that the chairman of the council may cause members of the public who disturb the peace to leave and, if persistent in their conduct, deny the commitment. There is no such provision in the law for council committees, the third paragraph provides for this.

Article 23. Sound and image recordings

Since the meetings of a council committee are in principle public, radio and TV stations can make sound and image recordings. Of course, this is not the case if it is a closed meeting. However, the privacy of speakers or the audience must be taken into account. Councillors, on the other hand, have a public function. It is possible to give an indication that the public may only be shown from a certain distance. It may also be an indication that citizens who speak may not be filmed, of course in consultation with the speakers. They may not have a problem with image registrations.