Corporate Services
Description of Services
The Corporate Services Section deals with a wide variety of functions including:
- Local Elections,
- Meetings of the Council,
- Council property,
- Tenders,
- Freedom of Information,
- Ombudsman queries,
- Town twinning,
- Advertising,
- Malicious injury claims,
A detailed description of these functions is set out hereunder.
Local Elections
The conduct of local elections is governed by the "Electoral Acts, part III of the Local Government Act 1994, the Local Elections Regulations 1995 and the Local Government Act 2001".
Local elections are generally held every five years. The actual polling day which is the same in all areas is fixed by order of the Minister for the Environment, Heritage and Local Government. In 1991 a constitutional amendment was made providing for local elections to be held every five years. In Kilrush Town Council there are 9 seats to be filled.
Election to the Council is on the principle of proportional representation by means of the single transferable vote in multi-member electoral areas. Vacancies caused by the death, resignation or disqualification of members elected area classed as "casual vacancies". Such vacancies are filled by co-option. The procedure is set out in the Local Government Act 2001 and Standing Orders.
Who is entitled to vote in a local election?
Persons aged eighteen and over are entitled to be registered to vote in a local election for the Town Council area and/or electoral area in which the ordinarily live. Irish citizenship is not a requirement for eligibility to vote at a local election.
Nomination of Candidates
A candidate for a local election must be an Irish Citizen and may nominate him/herself for election. Nominations may also be made by an elector who is on the register of electors for the area to which the nomination is made but the candidate must give his consent to the nomination.
Meetings Of The Council
General
The members act through lawful meetings of the Council - by resolution passed by majority vote at Council meetings. The number of meetings which must be held by the Town Council are specified by law and the procedure at meetings is regulated by Standing Orders. Members of the Town Council are paid an allowance in respect of attendance at meetings. From 1st January 2002 members also receive a representational payment which is a salary type payment.
Types of Meeting
The types of meetings provided in law are: -
Annual Meetings - at which the Méara Bhaile and Leas Méara Bhaile are elected by the members and nominations to other bodies are made if appropriate.
Ordinary Meetings - usually held monthly to conduct the ordinary business of the Council. Kilrush Town Council holds a meeting every month except during the month of August. The meetings are held on the second Thursday of each month at 4pm.
Budget Meeting - held annually between dates prescribed by the Department of the Environment, Heritage and Local Government to discuss and adopt the Local Authority budget for the coming year and to set the level of rates required.
Agenda and Public Notice
A notification to attend a meeting must: -
- Be sent or delivered to each Elected Member of the Council,
- Specify the place, date and time of the meeting,
- Give not less than the clear days notice of the meeting specified in the standing orders.
A notification shall include or be accompanied by an agenda listing the business proposed to be transacted at the meeting. The Order of Business is normally prescribed by Standing Orders.
Public Notice of meetings
Notice of the place, date and time of a meeting other than a budget meeting must be displayed before the day of the meeting in or at the principal offices of the local authority in a position convenient for public inspection during normal office hours.
The notice must include the agenda for the meeting or specify a place where the agenda can be inspected and in the case of a special meeting, the agenda must include a copy of the requisition.
On request, the Council is obliged to supply a copy of the public notice and agenda to any person seeking such copy.
Failure to display or to supply a copy of a notice does not affect the validity of a meeting or of any act or thing done at the meeting.
The Méara Bhaile may call a meeting at any time, or any five members may call a meeting if the Mayor, after a requisition by five members to do so, refuses. The business to be transacted is that specified in the summons to a meeting which must be served on the members before the meeting as specified in the standing orders. The names of members present are recorded as well as the names of members voting for or against on each question. The Méara Bhaile, or if he/she is absent, the Leas Méara Bhaile, presides. If both are absent, members choose a Councillor to take the chair. In the case of a split vote, the Mayor has second or casting vote, except in the election of the Méara Bhaile.
Business of Meeting
The Méara Bhaile chairs Council meeting and has a casting vote which he/she may use at his/her own discretion in the case of an equality of votes except in the election of the Méara Bhaile. In the absence of the Méara Bhaile the Leas Méara chairs the meeting.
Quorum
Before a Council Meeting takes place there must be a quorum. A quorum may be defined as the minimum number of members required to be present for a valid meeting to take place. The quorum for a meeting of a Local Authority is one fourth of the total number of members of the Local Authority plus one. In Kilrush Town Council the quorum for a meeting is four members.
Attendance at Meetings
The Town Manager has a right to attend Council Meetings and to take part in discussions as if he were a member but she/he does not have a right to vote. Other Council staff attend as required.
Members of the public are permitted to attend Council meetings, as the capacity of the Council Chamber allows. The Press are permitted to attend Council Meetings.
Minutes
Written Minutes of each meeting are the resolutions adopted are prepared by the meetings administrator and town clerk. These minutes are circulated with the agenda for the next monthly meeting for confirmation. The are then signed by the Méara Bhaile and the Town Clerk, following being proposed, seconded and agreed at that meeting. Minutes are a written record of decisions taken at a meeting and speeches or arguments are generally not included. A copy of the minutes of a meeting when confirmed are available for inspection at the offices of Kilrush Town Council during normal office hours.
Council Property
Kilrush Town Council is responsible for the management and use of public open space including lands and buildings. Kilrush Town Council can acquire land by agreement or compulsorily for any of its powers, duties or functions. Land, in Council ownership, can be disposed of by lease or by direct sale. All disposal of Council property is by resolution of the Council. Once-off use of Council owned property may be allowed to a person/group who makes a formal application and indemnifies the Council against all claims arising from the use of such land.
Disposal of land by way of lease or other method is a Reserved Function of the Council.
Tenders
The Council operates a formal procedure for opening of tenders. This takes the format of opening all tenders and recording details of tenders in the Register of Tenders, in the presence of an official and a nominated member of the Council.
Freedom Of Information
All requests for information under the Freedom of Information legislation are dealt with by the Corporate Services Section of the Council.
Ombudsman Queries
Correspondence from the Ombudsman's office is processed by the Corporate Services Section.
Town Twinning
The Council is empowered to operate twinning arrangements with other local authorities. Kilrush Town Council has entered into a twinning arrangement with Plouzane, France.
Advertising
All public information and statutory notices are managed in the Corporate Services Section.
Records Held
- Councillors Seminars and Conference Nominations.
- Town Council Minutes.
- Town Council Agendas.
- Ombudsman files.
- Freedom of Information Files.
- Local Election files.
- General files.
- Compulsory Purchase Order files.
- Property files.
- Tender files.
