Standing Orders
Gainsborough Town Council - Standing Orders
For your convenience, the Standing
Orders document is reproduced below. Click on the links to
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STANDING ORDERS
FOR GAINSBOROUGH TOWN COUNCIL
MEETINGS:
1.a)Meetings
of the Council shall be held at a nominated venue at 7.00pm
in the evening unless the Council otherwise decides at a previous
meeting.
b)Smoking is not permitted
at any meeting of the Council.
THE STATUTORY ANNUAL
MEETING:
2.(a) In an election year shall be held on the Tuesday
next following the fourth day after the ordinary day of elections
to the Council and:
(b)
In a year which is not an election year shall be held on the
first Tuesday in May.
3.
The three other statutory meetings shall be held on the first
Tuesday/Wednesday in the months of July, October, January.
4.
All additional meetings shall be held on the first Tuesday/Wednesday
in the months of June, September, November, December, February,
March, April and May.
CHAIRPERSON
OF MEETING:
5.
The person presiding at a meeting may exercise all the powers
and duties of the Mayor in relation to the conduct of the meeting
with due regard to the rules of debate.
PROPER
OFFICER:
6.
Where a statute, regulation or order confers functions or duties
on the proper officer of the Council in the following cases,
he shall be the Clerk:
(a)
to receive declarations of acceptance of office
(b)
to receive and record notices disclosing interests
(c)
to receive and retain plans and documents
(d)
to sign notices or other documents on behalf of the Council
(e)
to receive copies of byelaws made by the District Council
(f)
to certify copies of byelaws made by the Council
(g)
to sign summonses to attend meetings of the Council.
In any other case
the proper officer shall be the person nominated by the Council
and, in default of nomination, the Clerk.
QUORUM:
7.
Six members shall constitute a quorum or one third of the total
membership.
8.
If a quorum is not present when the Council meets or if during
a meeting the number of Councillors present and not debarred
by reason of a declared interest falls below the quorum, the
business not transacted at the meeting shall be transacted at
the next meeting or on such day as the Mayor may fix.
VOTING:
9.
Members shall vote by show of hands, or, if at least two members
so request, by signed ballot.
10.
If a member so requires, the Clerk shall record the names of
the members who voted on any question so as to show whether
they voted for or against it.
11.
(a) Subject to (b) and (c) below the Mayor may give an original
vote on any matter put to the vote, and in the case of an equality
of votes, may give a casting vote even though he gave no original
vote.
(b)
If the person presiding at the annual meeting would have
ceased to be a member of the Council but for the statutory provisions
which preserve the membership of the Mayor and Deputy Mayor
until the end of their term of office he may not give an original
vote in an election for Mayor.
(c) The person
presiding must give a casting vote whenever there is an equality
of votes in an election for Mayor.
ORDER
OF BUSINESS:
12. At each Annual Meeting the first business shall be:
(a)
to elect a Mayor
(b)
to receive the Mayor’s declaration of acceptance of office
or, if not then received, to decide when it shall be received
(c)
in the ordinary year of election of the Council to fill
any vacancies left unfilled at the election by reason of insufficient
nominations
(d)
to decide when any declarations of acceptance of office
and written undertakings to observe the code of conduct adopted
by the council which have not been received as provided by law,
shall be received
(e)
to elect a Deputy-Mayor
(f)
to appoint representatives to outside bodies.
(g)
to appoint Committees
(h)
to consider the payment of any subscriptions falling
to be paid annually
(i)
to inspect any deeds and trust instruments in the custody
of the Council:
and shall thereafter follow
the order set out in the Standing Order 15.
13.
At every meeting other than the Annual Parish Council Meeting
the first business shall be to appoint a Chairman if the Chairman
and Vice-Chairman be absent and to receive such declarations
of acceptance of office (if any) and undertaking to observe
the Council’s code of conduct as are required by law to be made
or, if not then received, to decide when they shall be received.
14. In every year not later
than the meeting at which the estimates for the next year are
settled the Council shall review the pay and conditions of service
of existing employees (see Standing Order 38).
15. After the first business
has been completed, the order of business, unless the Council
otherwise decides on grounds of urgency or expediency, shall
be as follows:
(a)
to read and consider the Minutes: provided that a copy
has been circulated to each member not later than the day of
issue of summons to attend the meeting, the Minutes may be taken
as read.
(b)
after consideration to approve the signature of the Minutes
by the person presiding as a correct record
(c)
to deal with business expressly required by statute to
be done
(d)
to dispose of business, if any, remaining from the last
meeting
(e)
to receive such communications as the person presiding
may wish to lay before the Council
(f)
to answer questions from Councillors
(g)
to receive and consider reports and minutes of Committees
(h)
to receive and consider reports from officers of the
Council
(i)
to authorise the sealing of documents
(j)
to authorise the signing of orders of payment.
(This will be unnecessary if there is a Finance Committee).
(k)
to consider resolutions or recommendations in the order
in which they have been notified
(l)
any other business specified in the summons.
(m)
to have a Public Forum prior to the meeting which is
minuted but not subject to Standing Orders.
16.
A motion to vary the order of business on the grounds of urgency
or expediency:
(a)
may be proposed by the Mayor or by any member and, if
proposed by the Mayor, may be put to the vote without being
seconded
(b)
shall be put to the vote without discussion.
RESOLUTIONS
MOVED ON NOTICE:
17. Except as provided by these
Standing Orders, no resolution may be moved unless the business
to which it relates has been put on the Agenda by the Clerk
or the mover has given notice in writing of its terms and has
delivered the notice to the Clerk at least seven clear days
before the next meeting of the Council.
18. The Clerk shall date every
notice of resolution or recommendation when received by him/her,
shall number each notice in the order in which it was received
and shall enter it in a book which shall be open to the inspection
of every member of the Council.
19. The Clerk shall insert
in the summons for every meeting all notices of motion or recommendation
properly given in the order in which they have been received
unless the member giving a notice of motion has stated in writing
that he intends to move at some later meeting or that he withdraws
it.
20. If a resolution or recommendation
specified in the summons is not moved, either by the member
who gave notice of it, or by any other member it shall, unless
postponed by the Council, be treated as withdrawn and shall
not be moved without fresh notice.
21. If the subject matter of
a resolution comes within the province of a committee of the
Council, it shall, upon being moved and seconded, stand referred
without discussion to such committee or to such other committee
as the Council may determine for report; provided that the Mayor,
if he or she considers it to be a matter of urgency, may allow
it to be dealt with at the meeting at which it was moved.
22.
Every resolution or recommendation shall be relevant to some
subject over which the Council has power or which affects its
area.
RESOLUTIONS MOVED WITHOUT
NOTICE
23. Resolutions dealing with
the following matters may be moved without notice:
(a)
To appoint a Chairperson of the meeting.
(b)
To correct the Minutes.
(c)
To approve the Minutes.
(d)
To alter the order of business.
(e)
To proceed to the next business.
(f)
To close or adjourn the debate.
(g)
To refer a matter to a committee.
(h)
To appoint a committee or any members thereof.
(i)
To adopt a report.
(j)
To authorise the sealing of documents.
(k)
To amend a resolution.
(l)
To give leave to withdraw a resolution or an amendment.
(m)
To extend the time limit for speeches.
(n)
To exclude the public.
(see
Order 67 below).
(o)
To silence or eject from the meeting a member named for
misconduct. (see Order 33 below).
(p)
To give the consent of the Council where such consent
is required by these Standing Orders.
(q)
To suspend any Standing Order. (see Order 77 below).
(r)
To adjourn the meeting.
QUESTIONS:
24. A member may ask the Chairperson
or the Clerk any question concerning the business of the Council,
provided written notice of the question has been given to whom
it is addressed five clear days before the meeting begins.
25. No questions not connected
with the business under discussion shall be asked except during
the part of the meeting set aside for questions.
26. Every question shall be
put and answered without discussion.
27. A person to whom a question
has been put may decline to answer.
RULES OF DEBATE:
28. No discussion shall take
place upon the Minutes except upon their accuracy. Corrections
to the Minutes shall be made by resolution and must be initialled
by the Chairperson.
29. (a) A resolution
or amendment shall not be discussed unless it has been proposed
and seconded, and unless proper notice has already been given,
it shall, if required by the Chairperson, be reduced to writing
and handed to him or her before it is further discussed or put
to the meeting.
(b)
A member when seconding a resolution or amendment may,
if he or she then declare his/her intention to do so, reserve
his or her speech until a later period of the debate.
(c)
A member shall direct his or her speech to the question
under discussion or to a personal explanation or to a question
of order.
(d)
No speech by a mover of a resolution shall exceed 7 minutes,
and no other speech shall exceed 5 minutes except by consent
of the Council.
(e)
An amendment shall be either:
i) To leave out words.
ii) To leave out words and
insert or add others.
iii) To insert or add words.
(f)
An amendment shall not have the effect of negating the
resolution before the Council.
(g)
If an amendment be carried, the resolution, as amended,
shall take the place of the original resolution and shall become
the resolution upon which any further amendment may be moved.
(h)
A further amendment shall not be moved until the Council
has disposed of every amendment previously moved.
(i)
The mover of the resolution or an amendment shall have
a right to reply, not exceeding 5 minutes.
(j)
A member, other than the mover of the resolution, shall
not, without leave of the Council, speak more than once on any
resolution except to move on an amendment or further amendment,
or on an amendment, or on a point of order, or in a personal
explanation, or to move a closure.
(k)
A member may rise to make a point of order or a personal
explanation. A member rising for these purposes shall
be heard forthwith. A personal explanation shall be confined
to some material part of a former speech by him which may have
been misunderstood.
(l)
A motion or amendment may be withdrawn by the proposer
with the consent of the Council, which shall be signified without
discussion, and no member may speak upon it after permission
has been asked for its withdrawal unless such permission has
been refused.
(m)
When a resolution is under debate no other resolution
shall be moved except the following:
i.
To amend the resolution.
ii.
To proceed to the next business.
iii.
To adjourn the debate.
iv.
That the question be now put.
v.
That a member named shall not be heard further.
vi.
That a member named do leave the building.
vii.
That the resolution be referred to a committee.
viii.
To exclude the public and press.
ix.
To adjourn the meeting.
30. At the Chairpersons discretion
the Chairperson for the year shall, at the Annual Meeting, decide
whether he/she requires councillors to sit or stand when speaking.
31. (a) The ruling of
the Chairperson on a point of order or upon the admissibility
of a personal explanation shall not be discussed.
(b) Members shall address the Chairperson.
(c)
If two or more members speak, the Chairperson shall call upon
one of them to speak and the others shall be silent.
(d)
Whenever the Chairperson rises during the debate all others
members shall remain silent.
CLOSURE:
32. At the end of any speech
a member may, without comment, move or “that the question be
now put” or “that the debate be now adjourned” or “that the
Council do now adjourn”. If such motion is seconded the
Chairperson shall put the motion. The adjournment of a
debate or of the Council shall not prejudice the movers right
of reply at the resumption.
(Note: Where a meeting is adjourned
the subsequent proceedings are part of the original meeting
and no new notices or agendas need to be issued except a notification
to members not present of the date of the continuation of the
meeting.)
DISORDERLY CONDUCT:
33. (a) All members must observe the Code of Conduct which
was adopted by the council on 5th February 2002 a
copy of which is annexed to these Standing Orders.
(b) No member shall at
a meeting persistently disregard the ruling of the Chairman,
wilfully obstruct business, or behave irregularly, offensively,
improperly or in such a manner as to bring the Council
into disrepute.
(c)
If, in the opinion of the Chairman, a member has acted in a
manner contrary to that required, the Chairman shall express
that opinion to the Council and thereafter any member may move
that the member named be no longer heard or that the member
named do leave the meeting, and the motion, if seconded, shall
be put forthwith and without discussion. If a member
reasonably believes another member is in breach of the code
of conduct, that member is under a duty to report the breach
to the Standards Board (England).
(d) If the motion mentioned
in paragraph(c) is disobeyed, the Chairman may adjourn the meeting
or take such further steps as may reasonably be necessary to
enforce them.
RIGHT OF REPLY:
34. The mover of a resolution
shall have a right to reply immediately before the resolution
is put to the vote. If an amendment is proposed the mover
of the amendment shall be entitled to reply immediately before
the amendment is put to the vote. A member exercising
a right of reply shall not introduce new matter. After
the right of reply has be exercised or waived, a vote shall
be taken without further discussion.
ALTERATION
OF RESOLUTION:
35. A member may, with the
consent of his seconder, move amendments to his own resolution.
RESCISSION OF PREVIOUS RESOLUTION:
36. (a) A decision (whether
affirmative or negative) of the Council shall not be reversed
within six months except either by a special resolution, the
written notice whereof bears the names of at least six members
of the Council, or be a resolution moved in pursuance of the
report or recommendation of a committee.
(b) When a special resolution
or any other resolution moved under the provisions of paragraph
(a) of this Order has been disposed of, no similar resolution
may be moved within six months.
VOTING ON APPOINTMENTS:
37. Where more than two persons
have been nominated for any position to be filled by the Council
and of the votes given there is not an absolute majority in
favour of one person, the name of the person having the least
number of votes shall be struck off the list and a fresh vote
taken, and so on until a majority of votes is given in favour
of one person.
DISCUSSIONS
AND RESOLUTIONS AFFECTING EMPLOYEES OF THE COUNCIL:
38. If at a meeting there arises
any questions relating to the appointment, conduct, promotion,
dismissal, salary or conditions of service, of any person employed
by the Council, it shall not be considered until the Council
or committee (as the case may be) has decided whether or not
the public shall be excluded. (see Order number 67).
RESOLUTIONS
ON EXPENDITURE:
39. Any resolution which, if
carried, would, in the opinion of the Chairperson, substantially
increase the expenditure upon any service which is under the
management of or reduce the revenue at the disposal of any committee,
or which would involve capital expenditure, shall, when proposed
and seconded, stand adjourned without discussion to the next
ordinary meeting of the Council, and any committee affected
by it shall consider whether it desires to report thereon.
EXPENDITURE:
40. Orders for the payment of money shall be authorised by resolution
of the Council and signed by two members and the Proper Officer.
SEALING
OF DOCUMENTS:
41. (a) A document shall
not be sealed on behalf of the Council unless its seal has been
authorised by a resolution.
(b) Any two members of
the Council named in a resolution moved under the provisions
of the Order may seal, on behalf of the Council, any document
required by law to be issued under seal.
COMMITTEES
AND SUB-COMMITTEES:
42. The Council may at its
Annual Meeting appoint standing committees and may at any other
time appoint such other committees as are necessary, but subject
to any statutory provision in that behalf:
(a)
shall not appoint any member of a committee so as to
hold office later than the next Annual Meeting.
(b)
may appoint persons other than members of the Council
to the Committee; and
(c)
may subject to the provisions of Order 36 above at any
time dissolve or alter the membership of a committee.
(d)
the number of members of a Committee be no more than 9 ordinary
members of the Council and be no less than 7 ordinary members
of the Council.
43.
The Mayor and Deputy Mayor shall be ex-officio voting members
of every committee.
44. Every committee, unless
otherwise elected by Full Council, shall at its first meeting
before proceeding to any other business, elect a Chairperson
and may elect a Vice-Chairperson who shall hold office until
the next Annual Meeting of the Council, and shall settle its
programme of meetings for the year.
The Chairperson of a committee
or the Mayor of the Council may summon an additional meeting
of that committee at any time.
45. An additional meeting shall also be summoned on the requisition in
writing of not less than a quarter of the members of the committee.
The summons shall set out the business to be considered at the
special meeting and no other business shall be transacted at
that meeting.
46.
Every committee may appoint sub-committees for purposes to be
specified by the meeting.
47. The Chairperson and Vice-Chairperson
of the committee shall be members of every sub-committee appointed
by it unless they signify they do not wish to serve.
48. Except where ordered by
the Council in the case of a committee, or by the appropriate
committee in the case of a sub-committee, the quorum of a committee
or sub-committee shall be one half of its members.
The Standing Orders on the
rules of debate (except those parts relating to standing and
to speaking more than once) and the Standing Order on interests
of members in contracts and other matters shall apply to committee
and sub-committee meetings.
ADVISORY COMMITTEES:
50. 1) There shall
be advisory committees, whose name and number of members shall
be as required from time to time.
2) The Clerk
shall inform the members of each advisory committee on the terms
of reference of the committee
3)
An advisory committee may make recommendations and give notice
thereof to the Council.
4)
An advisory committee may consist wholly of persons who are
not members of the Council.
VOTING IN COMMITTEES:
51. Members of committees and
sub-committees entitled to vote shall vote by show of hands,
or, if at two members so request, by signed ballot.
52. Chairperson of committees and sub-committees shall in
case of an equality of votes have second or casting vote.
PRESENCE OF NON-MEMBERS
OF COMMITTEES AT COMMITTEE MEETINGS:
53.
A member who has proposed a resolution which has been
referred to any committee of which he is not a member, may explain
his resolution to the committee but shall not vote.
ACCOUNTS
AND FINANCIAL STATEMENT:
54.(a) Except
as provide in paragraph (b) of the Standing Order or by statute,
all accounts for payment and claims upon the Council shall be
laid before the Council.
(b)
Where it is necessary to make a payment before it has
been authorised by the Council, such payment shall be certified
as to its correctness and urgency by the appropriate officer.
Such payment shall be authorised
by the committee, if any, having charge of the business to which
it relates, or by the proper officer for payment with the approval
of the Mayor or Deputy-Mayor of the Council.
(c) All payment ratified
under sub-paragraph (b) of the Standing Order shall be separately
included in the next schedule of payments laid before the Council.
55.
The Responsible Financial Officer/The Clerk shall supply
to each member as soon as practicable after 31 March in each
year a statement of receipts and payments of the Council for
the completed financial year. A Financial Statement prepared
on the appropriate accounting basis (income and expenditure)
for a year to 31 March shall be presented to each member before
the end of the following month of May. The Statement of
Accounts of the council (which is subject to external audit)
shall be presented to Council for formal approval before the
end of the month of September.
ESTIMATES/PRECEPTS:
56.
(a) The Council shall approve written estimates
for the coming financial year at its meeting in the month of
December
(b) Any Councillor or
Committee desiring to incur expenditure shall, not later than
October, give to the Clerk a written estimate for the expenditure
recommended for the coming year.
INTERESTS:
57.
If a member has a personal interest as defined by the
Code of Conduct adopted by the Council then he shall declare
such interest as soon as it becomes apparent, disclosing the
existence and nature of that interest as required.
58.
If a member who has declared a personal interest then
considers the interest to be prejudicial, he must withdraw from
the room or chamber during consideration of the item to which
the interest relates.
59.
The Clerk may be required to compile and hold a Register
of Member’s Interests, or a copy thereof, in accordance with
agreement reached with the Monitoring Officer of the Responsible
Authority and/or as required by statute.
60.
If a candidate for any appointment under the Council
is to his knowledge related to any member of or the holder of
any office under the Council, he and the person to whom he is
related shall disclose the relationship in writing to the Clerk.
A candidate who fails to do so shall be disqualified for such
appointment, and, if appointed, may be dismissed without notice.
The clerk shall report to the Council or to the appropriate
committee any such disclosure. Where relationship to a
member is disclosed this Standing Order shall apply.
61.
The Clerk shall make known the purpose of the Standing
Order to every candidate.
CANVASSING OF AND RECOMMENDATIONS
BY MEMBERS:
62.
(a) Canvassing of members of the Council or of
any committee directly or indirectly, for any appointment under
the Council shall disqualify the candidate for such appointment.
The Clerk or other nominated person shall make known the purport
of this sub-paragraph of the Standing Order to every candidate.
(b)
A member of the Council or of any committee shall not
solicit for any person any appointment under the Council or
recommend any person for such appointment or for promotion;
but, nevertheless, any such member may give a written testimonial
of the candidate’s ability, experience or character for submission
to the Council with an application for appointment.
63.
Standing Orders nos. 60 and 62 shall apply to tenders
as if the person making the tender were a candidate for an appointment.
INSPECTION OF DOCUMENTS:
64.
A member may for the purpose of his/her duty as such
(but not otherwise), inspect any document in possession of the
Council or a committee, and if copies are available shall, on
request, be supplied for the like purpose with a copy.
65.
All Minutes kept by the Council and by any committee
shall be open for inspection of any member of the Council.
UNAUTHORISED
ACTIVITIES:
66.
No member of the council or any committee or sub-committee
shall in the name of, or on behalf of, the council
(a)
Inspect any lands or premises which the Council has
a right or duty to inspect; or
(b) Issue orders, instructions
or directions unless authorised to do so by the Council or the
relevant committee or sub-committee.
ADMISSION
OF THE PUBLIC AND PRESS TO MEETINGS:
67.
The public shall be admitted to all meetings
of the Council and its committees (and
sub-committees), which may, however temporarily exclude
the public by means of the
following, resolution:
“That in view of the (Special)
(confidential) nature of the business about to be transacted,
it is advisable in the public interest that the press and public
be temporarily excluded and they are instructed to withdraw”.
68.
The Council committee or sub-committee shall state the
special reason for
exclusion.
69.
The Clerk shall afford to the press reasonable facilities
for taking their report of any proceedings at which they are
entitled to be present.
70.
If a member of the public interrupts the proceedings
at any meeting, the Chairperson may, after warning, order that
he/she be removed from the Council Chamber.
CONFIDENTIAL BUSINESS;
71.
(a) No member of the Council or of any committee
or sub-committee shall disclose to any person not a member of
the Council any business declared to be confidential by the
Council, the committee or the sub-committee as the case may
be.
(b) Any member in
breach of the provisions of paragraph (a) of the Standing
Order shall be removed from any committee or sub-committee
of the Council by the Council.
LIAISON WITH COUNTY AND
DISTRICT COUNCILLORS:
72.
A notice of meeting shall be sent together with an invitation
to attend to the County Councillor for the county division and
to the District Councillor or Councillors for the district ward.
73.
Unless the Council otherwise orders, a copy of each letter
ordered to be sent to the County or District Council shall be
transmitted to the County Councillor for the division or to
the District Councillor for the ward as the case may require.
PLANNING APPLICATIONS:
74.
(a) The Clerk shall, as soon as it is received,
enter in a book kept for the purpose the following particulars
of every planning application notified to the Council:
-
the date on which it was received;
-
the name of the applicant;
-
the place to which it relates;
-
a summary of the nature of the application.
(b) The Clerk shall
refer every application to the members of the ward to which
the application relates or to the Council at a full meeting.
FINANCIAL MATTERS:
75.
The Council shall consider and approve Financial Regulations
drawn up by the Responsible Financial Officer.
1)
Such Regulations shall include detailed arrangements
for the following:
(a)
the accounting records and systems of internal control;
(b)
the assessment and management of risks faced by the
Council;
(c)
the work of the Internal Auditor and the receipt of
regular reports from the Internal Auditor which shall be required
at least annually;
(d)
the financial reporting requirements of members and
local electors and
(e)
procurement policies (subject to (2) below) including
the setting of values for different procedures where the contract
has an estimated value less than £50,000.
2)
Any proposed contract for the supply of goods, materials,
services and the execution of works with an estimated value
in excess of (£50,000) shall be procured on the basis of a formal
tender as summarised in (3) below.
3)
Any formal tender process shall comprise the following
steps:
(a)
a public notice of intention to place a contract to
be placed in a local newspaper;
(b)
a specification of the goods, materials, services and
the execution of works shall be drawn up;
(c)
tenders are to be sent, in sealed marked envelope, to
the Clerk by a stated date and time;
(d)
tenders submitted are to be opened, after the stated
closing date and time, by the Clerk and at least one member
of Council;
(e)
tenders are then to be assessed and reported to the appropriate
meeting of Council or Committee.
4)
The Council or a
Committee, is not bound to accept the lowest tender, estimate
or quote. Any tender notice shall contain a reference
to the Standing orders 59 & 61 regarding improper activity.
5)
The Financial Regulations of the Council shall be subject
to regular review, at least once every four years.
(Council is reminded that the European Union Public Sector Procurement
Rules are likely to apply to contracts with a value in excess
of £140,000 and advice should be sought at this level).
CODE
OF CONDUCT ON COMPLAINTS:
76.
The Council shall deal with complaints of maladministration
allegedly committed by the Council or by any officer or member
in such manner as adopted by the Council except for those complaints
which should be properly directed to the Standards Board (England)
for consideration.
VARIATION, REVOCATION AND
SUSPENSION OF STANDING ORDERS:
77.
Any or every part of the Standing Orders except those
printed in bold type
may be suspended by resolution in relation to any specific item
of business.
78.
A resolution permanently to add, vary, or evoke, a Standing
Order shall when proposed and seconded, stand adjourned without
discussion to the next ordinary meeting of the Council.
STANDING
ORDERS TO BE GIVEN TO MEMBERS:
79.
A copy of these Standing Orders shall be given to each
member by the Clerk upon delivery to him of the member’s declaration
of acceptance of Office.
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