3.01 Citizens' rights
Citizens have certain rights which are explained in more detail in the Access to Information Rules in Part 4 of this Constitution.
(a) Voting and petitions. At the moment, South Holland has a Leader (appointed by the Council) and a Cabinet (appointed by the Leader). Every year the Council publishes a notice stating the number of voters who may, together, request a referendum on whether the Council should instead have a Mayor elected by the people of South Holland and a Cabinet (appointed by the Mayor). This figure is calculated at 5% of the total electorate for South Holland. Certain authorities, including South Holland District Council, can also opt for a committee system that does not have a Cabinet. This would be a decision for the Council, which would take into account the views of South Holland residents.
(b) Information. Citizens have the right to:
(i) attend meetings of the Council, the Cabinet and any of its sub-committees, the Policy Development and Performance Monitoring Panels, the Standards Committee, Development Control Committee, Licensing Committee and Licensing Panel, the Appointments and Disciplinary Panel and the Appeals Panel except for any part of a meeting where confidential or exempt information (described in Rule 10 of the Access to Information rules at part 4, section 2) is likely to be disclosed, and that part of the meeting is therefore held in private;
(ii) find out from the Cabinet forward plan what key decisions will be taken by the Cabinet and when (the Cabinet forward plan and key decisions are dealt with in part 4, section 2);
(iii) see reports and their background papers, and any records of decisions made by the Council and the Cabinet; and
(iv) inspect the Council's accounts and make their views known to the external auditor. The auditor visits the Council annually for this purpose, and a notice is placed in a local newspaper giving details of when the auditor can be contacted.
(c) Complaints. Citizens have the right to complain to:
(i) the Council itself under its complaints scheme in respect of the actions of the Council (leaflets explaining the Council's complaints scheme are available upon request and can also be downloaded from our website at www.sholland.gov.uk);
(ii) the Ombudsman, normally only if the Council has not resolved your complaint to your satisfaction, in respect of the actions of the Council (leaflets explaining the Ombudsman Complaints Procedure are available upon request);
(iii) the Standards Board for England about a breach of the Councillor's Code of Conduct (please see part 5, section 1). The Standards Board for England can be contacted at PO Box 36656, London SE1 OWN.
Telephone number: 0845 0788181. E-mail: enquiries@standardsboard.co.uk.
(d) Petitions. Citizens have the right to petition the full Council. This right is subject to the Head of Member and Legal Services being provided with a full copy of the appeal contained within the petition, and a contact name and address ("the petition contact"), at least 2 weeks prior to the meeting. Full details of the appeal will be included on the agenda for the meeting. A spokesperson on behalf of the person or persons presenting the petition may address the meeting for a maximum of 3 minutes. Following presentation of the petition normal Rules of Debate (Council Procedure Rules 14.1 to 14.5) will apply.
If the petition relates to a matter which comes within the jurisdiction of the full Council the matter may either (i) be dealt with immediately or (ii) stand deferred for the relevant officer to submit a report to a future meeting. If the item stands deferred the officer to whom the petition has been referred will ensure that the petition contact is kept informed of progress on the matter.
If the petition relates to a matter which does not come within the jurisdiction of the full Council the petition shall be referred to the relevant officer to determine the most appropriate course of action, which may be the preparation of a report for consideration by the decision maker (ie Cabinet, portfolio holder, Committee as appropriate). The full Council, in receiving the petition, may give guidance on the course of action which it would expect. The officer to whom the petition has been referred will ensure that the petition contact is kept informed of progress on the matter.
If the petition relates to a matter which does not come within the jurisdiction of the South Holland District Council the petition will be referred by the Head of Customer, Legal and Member Services to the appropriate authority or body. The Head of Customer, Legal and Member Services will notify the petition contact of the action taken.
3.02 Citizens' responsibilities
Citizens must not be violent, abusive or threatening to councillors or officers and must not wilfully harm things owned by the Council, councillors or officers.
