Proceedings
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PROCEEDINGS OF THE TRUSTEES (BOARD)
Annual and other meetings
The Trustees (Board) shall hold a meeting to be called the Annual Meeting in the month of May in every year or in such other month as they may from time to time fix (currently November) and subject as aforesaid they may meet and adjourn as they think proper.
Notice of meetings
Notice of every meeting specifying its time and place and the nature of the business to be transacted thereat shall be given by ciruclar letter to every Trustee at least fourteen days before the date fixed for the meeting but non-receipt of notice by any Trustee shall not of itself invalidate the proceedings of any meeting at which a quorum is present for the transaction of business.
Quorum
To constitute a meeting of the Trustees at least five Trustees must be personally present but no order or resolution of the Trustees may be varied or rescinded unless at least nine Trustees shall be personally present at the meeting.
Chairman
The Trustees shall at their Annual Meeting in each year appoint a chairman of their meetings for the ensuing year. If the chairman is not present at the time appointed for holding any meeting or within fifteen minutes afterwards the Trustees present shall choose one of their number to be chairman of such meeting until the chairman shall arrive.
Decision of questions
Every question at a meeting shall unless otherwise expressly provided by any enactment for the time being in force be determined by a majority of votes of the Trustees present and voting on that question. Provided that a quorum be present when the vote is taken.
Casting vote of Chairman
In case of an equal division of votes the chairman shall have a second or casting vote except in the case of the appointment of chairman before mentioned on which occasion the chairman shall only vote in case of an equality of votes.
Committees
The Trustees may from time to time appoint and dissolve committees and may delegate to any committee so appointed such of their functions as they may think proper (other than the power of imposing a tax or of borrowing money) and may from time to time make such regulations as to the quorum of any such committee and otherwise for the guidance of any such committee as they may think proper and unless otherwise directed by regulations so made the quorum of a committee shall consist of two Trustees.
The following Code of Conduct is applicable to all Members, whether elected, co-opted or appointed. The Code is a supplement to Statutory Provisions and Standing Orders made by the Board.
A Member should be aware of the statutory authority, governing Bye-laws, Standing Rules and Orders.
A Member has an overall duty to carry out his or her functions for the benefit of Land Drainage bearing in mind national and local interests and in particular the Board's Ratepayers.
The Board is a non-profit making organisation and has a duty to levy rates to the required amount to exercise its functions in a proper manner for the safety of human life, livestock and property.
A Member's concern is the functioning of the Board and the whole of its area. His or her approach should not be parochial.
A Member is acting as Trustee for the Ratepayers and must act accordingly and in accord with the General Law of the Land.
Decisions of the Board or Committee whether unanimous or by a majority must be accepted as a decision of the Board and Committee and binding on all Members.
A Member should observe the rules of debate.
In the case of membership of a Sub-Committee it must be understood whether the Sub-Committee has plenary power or power of recommendation only.
A Member should be aware of the dangers of small Committees (never less than 2) with plenary powers which then bind the whole Board.
A Member must note that Board matters and especially Sub-Committee matters are private and confidential.
It is essential for a Member to disclose a pecuniary interest in projects. Whilst it is appreciated that all benefit from better drainage there can be cases where a Member benefits directly or indirectly from Drainage Board activities. In such cases the Members should (after making his submissions) offer to retire from the Meeting or with permission of the Chairman abstain from voting.
Particular allegiance to or Membership of any body (such as a Council, Local Authority, Union, NCC etc) should be made known to the Clerk and Chairman if there is conflict. The Member should abstain from voting on the relevant matter. Such disclosure of interest may also arise from a family relationship or other close association where there can be a clash of interest whether financial or otherwise.
If a Member is also a Member of another authority, he should disclose this fact and when dealilng with Board business, should act solely in the Board's best interests. If he or she is unable to do so he/she should resign from one of the authorities.
Confidential and private information which has not been made public should not be used for private gain.
Gifts and hospitality by others should be accepted with caution. Offers of financial reward should obviously be reported to the Clerk and/or Chairman.
The Rules relating to expenses and allowances must be strictly observed. Incorrect expenditure not authorised by the Board and not in accordance with the Land Drainage Acts may be surcharged to the individual Members by the Auditors.
Board facilities must only be used on the properly authorised business of the Board.