Local Government Association Independent Group Constitution

THE INDEPENDENT GROUP OF COUNCILLORS OF THE LOCAL GOVERNMENT ASSOCIATION (LGA) OF ENGLAND AND WALES

1.    Name of Group

1.1    The name of the Group shall be the Independent Group (“the Independent Group”) of Councillors, which is a recognised group of the Local Government Association (“the LGA”) of England and Wales.

2.    Purpose

2.1    The Independent Group supports, provides guidance and advice to, and represents, as part of the LGA, elected councillors whose council is in membership of the Local Government Association who do not have another LGA political group office.

3.    Aims and objectives

3.1    To collectively represent the independence and political diversity of the members of the Independent Group through a coordinated voice of representation within the LGA, to Government, local government stakeholders and the general public.

3.2    To support our members to be confident, well-informed and effective.

3.3    To bring our members together so they can network, learn, and amplify their views collectively.

3.4    To promote the principle of civility in public life.

3.5    To operate without a political whip.

4.    Principles and Conduct

4.1    All members shall conduct themselves in line with the values of the LGA Independent Group, the Bell Principles and the Nolan Principles of Public Life (Appendix 1).

4.2    LGA Independent Group Members are proactive in promoting positive commitment to equality and diversity.

4.3    At all Local Government Association and Independent Group meetings, Members shall declare interests in full compliance with the current Code of Local Government Conduct.

4.4    Office Holders who receive gifts and/or hospitality in their role on the Independent Group must register it with the Group Office.

4.5    All Members must conform to the principles and practice of the Independent Group at all times.

4.6    If a complaint against a member of the Independent Group is received by the LGA, the Political Group Office or a member of the Executive, the Independent Group will follow the protocols set out in Appendix 4 and will follow the LGA complaints procedures.

4.7    As per the protocols in Appendix 4, the Independent Group Leadership (the post holders of Leader, Deputy Leader and Treasurer/AGM Chair – with the National Lead Peer standing in should the complaint be against a post holder or if a post holder is not available) can, upon an initial investigation of a complaint, temporarily suspend a member serving on an LGA structure (such as a Board, Committee, peer, etc) for a set amount of time until a further investigation takes places and the Independent Group Executive can meet.

4.8    The decision to remove a member from an LGA structure can be taken by a quorate Executive meeting.

5.    Membership of the Independent Group

5.1    Any elected member of a Local Authority, including directly elected Mayors, Mayors of Combined Authorities and London Assembly Members in England and Wales in membership of the LGA who do not have their own Group Office at the LGA, shall be eligible to become a member of the Independent Group.

5.2    Each member shall have one vote, even if they serve on more than one local authority.

5.3    The LGA will use councillors’ addresses for marketing and to send councillors a copy of “First magazine”. The LGA Independent Group will use councillors’ email addresses to communicate with Independent Group members on various issues including for Independent Group election information and for member authority representatives to serve on any LGA governance structure in accordance with the terms of the LGA Articles of Association. The revised LGA Privacy Notice can be found here: Privacy policy | Local Government Association.

5.4    Should a serious complaint against a member, Group or Party in membership of the Independent Group be received in writing by the LGA, the Independent Group Office and/or a member of the Executive that warrants consideration to remove them from membership, the protocols in Appendix 4 will be followed.

5.5    Should it be brought to the attention of the LGA, the Independent Group Office and/or the Executive that a member, Group or Party may have breached the Group’s principles and conduct to the extent that it warrants consideration to remove them from membership, the protocols in Appendix 4 will also be followed.

5.6    Suspension from the LGA Independent Group does not mean suspension from the Local Government Association.

6.    Elected Office Holders

6.1    The Independent Group shall elect Independent Group Office holders, shortly before the Group’s Annual General Meeting, in accordance with Appendix 2.

6.2    The Members of the Independent Group shall elect the following Independent Group Office Holders namely:

•    Group Leader 
•    Deputy Group Leader 
•    Group Treasurer and AGM Chair

6.3    The said Office Holders shall take office from the date of the LGA General Assembly and will normally be elected for a two-year term, apart from in the case of a by-election, where the term will be stipulated, to allow Group elections to be realigned.

6.4    The said Office Holders can serve a maximum of three two-year terms, after which the incumbent must stand down for a minimum of two years.

6.5    The Leader, Deputy Leader and Treasurer/AGM Chair will take up their positions immediately after election results are announced at the Independent Group Annual General Meeting. The Leader, as Vice-Chair of the LGA, and Deputy Leader, both as Directors of the LGA, will have their positions ratified at the LGA General Assembly straight after the Independent Group Annual General Meeting.

6.6    The Leader, Deputy Leader and Treasurer/AGM Chair of the Independent Group shall be Members of all sub-committees of the Executive Committee.

6.7    The Independent Group Leader will be responsible for the general co-ordination of the Independent Group activity in conjunction with the Executive Committee.  They will be the spokesperson for the Independent Group as a whole and for liaison with the other political groups.

6.8    The Deputy Independent Group Leader will undertake all the duties of the Independent Group Leader in their absence and will be responsible with the Independent Group Leader for strategy and co-ordination.

6.9    The Treasurer/AGM Chair will have responsibility for oversight of the Group’s budget, working with the Independent Group Office. They will chair the Group AGM and any Special or Emergency Group Meetings, working with the Group Leader, Group Deputy-Leader and Independent Group Office on agenda, processes, protocols and timings. They will ensure all processes are followed.

6.10    In exceptional circumstances, members of the LGA Independent Group Executive Committee may be asked to temporarily deputise for an elected office holder.

6.11    Election of Office shall be conducted in accordance with the election procedures adopted by the LGA Independent Group (see Appendix 2).

6.12    The Returning Officer appointed by the Independent Group Executive Committee shall draw up a timetable as necessary for the receipt of nominations, dispatch and return of electronic ballot papers and the counting of the votes for each election covered by these procedures.

6.13    In the event of there being more than one nomination for any of the positions available, a ballot will be held.

6.14    Results of the election will be announced at the Independent Group’s Annual General Meeting.

7.    Annual General Meeting

7.1    All Members of the Independent Group shall be entitled to attend any General Meeting of the Independent Group.

7.2    The Annual General Meeting of the Independent Group shall be held prior to the LGA Assembly and Conference each year. The procedures governing the AGM are detailed in the Standing Orders in Appendix 3.

8.    The LGA Independent Group Executive Committee

8.1    The LGA Independent Group Executive Committee shall be the governing body of the LGA Independent Group.

8.2    The elected Office Holders of the Group will automatically be members of the LGA Independent Group Executive Committee.

8.3    The Group will endeavour to make appointments to the Executive to ensure representation from across the regions in LGA membership, the different types of councils (for example, district, county, unitary, combined authority, urban and rural), and a proportionate political balance of the independents and parties that form the LGA Independent Group.

8.4    The Group is also committed, to the best of our ability, to achieving diversity in the appointments to the Executive.

8.5    Additionally, the LGA Independent Group will use the position-specific criteria and competencies for Executive and LGA Board members when making appointments, which will be published on the LGA Independent Group website.

8.6    When there are vacancies on the LGA Independent Group Executive, the Independent Group Office will advertise for Expressions of Interest from the Group’s membership.

8.7    These Expressions of Interest will be initially reviewed by the LGA Independent Group elected Office Holders and recommendations put to the Executive. The Executive will receive the Expressions of Interest and will treat the information as confidential. The Executive will make a final decision on all appointments.

8.8    Where the Expression of Interest application process does not result in balanced and diverse representation, as well as meeting the criteria and competencies needed, the LGA Independent Group will co-opt members into the Executive with full voting rights.

8.9    With the exception of the elected post-holders, members of the Executive can serve for a maximum of four years. They can reapply to be on the Executive after a further 2 years.

8.10    Where there is any change in the political proportionality of the Group, incumbent members of the Executive will be able to complete their 4-year term. With each new appointment, the representation and diversity criteria will be reviewed.

8.11    The balance of the Executive will be published annually in the LGA Independent Group Annual Report and on the LGA Independent Group website.

8.12    With the exception of the elected post-holders, members of the Executive do not receive any allowance from the Local Government Association and give up their time voluntarily. If members of the Executive are requested to travel by the Independent Group Office, any reasonable travel expenses will be reimbursed by the Independent Group Office.

8.13    Vacant positions on the Executive and LGA Boards will be advertised after the local elections and taken to the next LGA Independent Group Executive meeting after the LGA Independent Group AGM and LGA Conference.

8.14    There will be no Substitutes on the Executive Committee.

8.15    When attending the Executive online, all members will be required to verify their identity. Having cameras ‘on’ is encouraged.

8.16    When participating in a vote at the Executive, any member attending online will be required to turn on their camera to verify their identity. In exceptional circumstances, a member of the Executive may obtain permission from the Group Leader in advance of the meeting not to switch their camera on.

8.17    The Independent Group Executive Committee is empowered to consider and deal with all matters affecting the LGA Independent Group including its membership and the conduct of representatives, especially those on LGA Boards, Panels, Commissions and Task Groups.

9.    LGA Independent Group Appointments

9.1    Following the Independent Group Annual General Meeting, at the following Executive meeting, the LGA Independent Group Executive shall appoint members to the various LGA Boards, committees, panels and task groups.

9.2    All members of the LGA Independent Group are invited to apply for vacant roles via an ‘Expression of Interest’ form and due consideration will be given to the applicants’ experience and interest while also adhering to the balance and criteria set out in 8.3, 8.4 and 8.5. Where these cannot be met through the Expression of Interests 8.8 will also apply to Board appointments.

9.3    These Expressions of Interest will be initially reviewed by the LGA Independent Group elected post-holders and recommendations put to the Executive. The Executive can request information on the Expressions of Interest. The Executive will make a final decision on all appointments.

9.4    All appointments made by the LGA Independent Group Executive will be made for a period of 12 months and reviewed annually.  Members may serve for no longer than four years as a member of the Executive or as a Lead Member on any one Board, Panel, Commission or Task Group. Appointments to EU bodies and Local Partnerships are for a maximum of five years. In exceptional circumstances, with the approval of the Executive, terms may be extended for a fixed period to ensure continuity.

9.5    Group appointees may not re-apply for the same post for two years following the end of their term. They may, however, apply for different posts in the LGA Independent Group and LGA structures.

9.6    Members appointed to LGA Member Structures will hold their positions from 1 September to 31 August each year.

9.7    Appointments are open to all LGA Independent Group Members who must be LGA Independent Group councillors on authorities in membership of the LGA. Should an authority leave the membership of the LGA then any member in receipt of an appointment through the Independent Group shall be removed from that role immediately.

9.8    Some roles are subject to specific requirements as set out in the relevant body’s constitution or other such guidance. Councillors appointed to LGA Boards, Committees, Panels, Commissions and Task Groups, or outside bodies, agree to adhere to the principles and protocols applicable to all appointments made.

9.9    The role of LGA Independent Group National Lead Peer will be appointed by interview by two of the elected Office Holders, the incumbent National Lead Peer, or their substitutes, and a senior member of the LGA Improvement Team and a recommendation will be put to the Executive for approval. Appointments will be made based on agreed criteria.

9.10    The roles of LGA Independent Group Regional Lead Peers will be appointed by interview by the National Lead Peer, an elected post-holder, and the LGA Principal Adviser from the relevant region, or their substitutes. Appointments will be made based on agreed criteria.

9.11    The role, expectations, appointment criteria and conduct of the Regional Lead Peers and National Lead Peer is set out in the relevant Group protocols.

9.12    Prospective LGA Independent Group Member Peers will be interviewed by the National Lead Peer, the relevant Regional Lead Peer and Head of Group Office, or their substitutes, and appointments will be made based on agreed criteria.

9.13    The role, expectations, appointment criteria and conduct of the LGA Independent Group Member Peers and Board Members is set out in the relevant protocol.

9.14    Any LGA Independent Group representative are expected to make a full contribution and attend the meeting for its duration. Not attending two meetings in one calendar year without good cause and/or the giving of formal apologies will be assumed to have resigned, and therefore will be replaced. For National and Regional Lead Peers, the same rule applies regarding two consecutive peer logs not submitted.

9.15    If a Lead Member loses an election during the year and therefore ceases to be a councillor, their place on any Board, Committee, etc, will be temporarily appointed to another Member or Substitute on the Board for the remaining duration of that year.

9.16    Should a National or Regional Lead Peer lose an election, they can continue to serve in their position until the following September and a replacement is appointed.

9.17    LGA Independent Group Peers can continue as peers for 12 months after the loss of an election or standing down. Where the Peer fulfils a specific gap or need in the Group in the delivery of the LGA’s improvement support programme, they can continue, with the approval of the National Lead Peer and the Head of Group Office, as an Associate Peer.

10.    Special General Meeting

10.1    A Special General Meeting of the Independent Group may be called at any time by the Leader of the Independent Group or by not less than ten Members in more than one region of the Independent Group acting together having sent a written request to the LGA Independent Group Leader to convene such a meeting. The Leader of the Independent Group shall then authorise the holding of a Special General Meeting within 28 days of the receipt of such request.

10.2    The Leader and Deputy Leader acting together shall be entitled to call a Special General Meeting in the event of an emergency, giving such notice as they deem sufficient in the circumstances.

11.    Quorum

11.1    The quorum of the Independent Group General Meeting shall be not less than twenty and at meetings of the Independent Group Executive Committee the quorum shall be a third.

12.    Interpretation

12.1    The Independent Group Executive Committee is hereby given the power to interpret the conditions of this Constitution in the event of any ambiguity or conflict arising and their decision shall be final.

12.2    A General Meeting of the Independent Group shall have the power to alter or amend the conditions of this Constitution by vote in favour of such a resolution passed by at least two-thirds of those present and voting at the meeting.  All Members of the Independent Group shall be given at least 7 working days’ notice of any resolution to affect such an alteration or amendment. 

Appendix 1

The Independent Group promotes and embodies the following values:

Integrity 

•    Representing our members and being accountable
•    Striving to earn and sustain a high level of trust from our membership and residents we represent 
Challenge 
•    Be the voice of local communities and residents, without a party whip 
•    Provide a strong focus on scrutiny and accountability for fair decisions
•    Challenge the establishment through our focus on real issues, not politics
Collaboration
•    Respect, value and celebrate the differences of our membership and commit to treating all members with equality, dignity and respect
•    Working together to achieve the best outcomes for the Independent Group, the membership and local residents 

Responsiveness

•    Engage and communicate with our members to address their needs
•    Ensure our relevance by being flexible and adaptable to changing needs and priorities
•    Demonstrate innovation and creativity in the delivery of projects, development opportunities and representation

The Principles of Public Life, based on those written by Lord Nolan, upon which members are expected to conduct themselves are:

1.    Selflessness
2.    Integrity
3.    Objectivity
4.    Accountability
5.    Openness
6.    Honesty
7.    Leadership
8.    Respect

The LGA Independent Group also expect members to abide by the Bell Principles, namely:

•    abide wholeheartedly by the spirit and letter of the Seven Principles of Public Life set out by Lord Nolan in 1995: selflessness, integrity, objectivity, accountability, openness, honesty and leadership
•    be guided by considered evidence, our real world experience and expertise, our constituencies and our consciences
•    be free from the control of any pressure group or whip
•    be non-discriminatory, ethical and committed to pluralism. 
•    make decisions transparently and openly at every stage and level of the political process, enabling people to see how decisions are made and the evidence on which they are based
•    listen, consulting our communities constantly and innovatively 
•    treat political opponents with courtesy and respect, challenging them when we believe they are wrong, and agreeing with them when we believe they are right 
•    resist abuses of power and patronage and promote democracy at every level
•    work with other elected Independents as a Group, with a chosen spokesperson
•    claim expenses, salaries and compensation openly so the public can judge the value for money of our activities.

 
Appendix 2

PROCEDURES FOR THE ELECTION OF INDEPENDENT GROUP MEMBERS TO THE LGA INDEPENDENT GROUP EXECUTIVE

1.    Cycle of Elections  

1.1    The LGA Independent Group shall elect on a cycle of elections occurring every other year: 
• One Group Leader  
• One Deputy Group Leader  
• One Group Treasurer/AGM Chair

1.2    Should any of the elected positions become vacant, there will be an election at the earliest opportunity. If the Independent Group Leader’s position were to become vacant, the Deputy Leader will fulfil the duties until such an election can take place.

1.3    The existing Office Holders will be able to continue their roles during the election period if they are not standing for election and where substitutions are not allowed, such as for the LGA Board. Otherwise, they will be substituted by a suitably experienced member of the Group executive. 

2.    Returning Officer and Responsibilities 

2.1    The Independent Group Executive Committee will appoint a senior officer from the Local Government Association as the Returning Officer. They will be responsible for ensuring the integrity of the ballot and for administering the poll effectively.

2.2    The Returning Officer shall draw up a timetable as necessary for the receipt of nominations, despatch and return of ballot papers and the counting of the votes for each election covered by this constitution. This timetable will clearly set out date of the notice of election from which all election rules guideline will apply.

2.3    All queries relating to the election process must be directed to the Returning Officer.  If candidates are unsure about the rules relating to campaigning, or any other element of the election, they are encouraged to ask in advance rather than risk sanctions. Agreeing to be a candidate includes confirming candidates understand the rules and guidance.

2.4    Any serious breaches of the Groups’ election process / guidance will be referred by the Returning Officer, with a description and evidence of the issue, to the Group Executive to be dealt with as a potential breach of the Groups’ Code of Conduct. The Group Executive is then empowered to sanction or remove a candidate from the election should a candidate be found to have breached the Groups’ Code of Conduct.

2.5    In line with the gravitas and responsibility of the elected roles, including becoming a Director of the LGA and potential access to national confidential and security information, candidates will be required to follow the procedures set out in the Group Constitution Appendix 2 and associated guidance and demonstrate they can adhere to the spirit of the rules and guidance. Where candidates do not, this will be referred to the Group Executive for a decision on their suitability to stand and represent the Group.

2.6    The Group Executive is empowered to remove candidates under the Code of Conduct or impose other sanctions.    

2.7    The Returning Officer can, in addition, seek expert or legal advice as required.  For minor breaches, the Returning Officer can require a written apology sent to all Group Members.

2.8    Where more serious breaches are found to have occurred, the Returning Officer and Group Executive can order a re-run of the election with a shortened election period to ensure Directors of the LGA Company can still be nominated at the LGA General Assembly.    

2.9    The decision of the Group Executive and the Returning Officer will be final. 

3.    Administering the Poll 

3.1    Where possible the group election will be completed outside of the period of any local election.

3.2    Official Notice of Election shall be given in the LGA official magazine FIRST and via the Group website. This should mark the start of the nomination period, with guidance and nomination papers being made available to members.  

3.3    Nominations shall be accepted by the Returning Officer from that date until the date of close of nominations, which will be at least 28 working days before the LGA Independent Group AGM that year. There will be a 24-hour period during which candidates can withdraw from the election following the close of nominations.  

3.4    Statement of Persons Nominated shall be published shortly after the close of the withdrawal period.  

3.5    In the event of there being more than one nomination for a position, a ballot will be held.

3.6    All contested elections shall be conducted by secret ballot using an electronic voting system.

3.7    Should the local elections be held otherwise than on the first Thursday in May, or in other exceptional circumstances, the Group Executive shall have power to amend the timetable set out above in 3.3. 

4.    Standing for election 

4.1    Eligibility and requirements of nomination 

4.1.1    For Group Leader, Deputy Group Leader and Group Treasurer/AGM Chair: An Independent Group Councillor on an authority in membership of the LGA is eligible to stand provided they have three nominations from councillors who are Independent Group Councillors on authorities in membership of the LGA and who must sit on separate authorities.

4.1.2    Nominations must be accompanied by the written consent of the candidate. Any individual can only nominate one candidate. Candidates standing for election to a post cannot nominate another candidate wishing to stand for the same post.

4.1.3    Each candidate shall be entitled to submit a personal statement to be shared with all councillors eligible to vote in Group elections. This must reach the Returning Officer at an address and by a date to be notified and in a format and good enough condition to be reproduced and distributed electronically.  

4.1.4    The Independent Group Office staff or the Returning Officer or any other persons engaged in the work of the LGA must not be asked to assist in the creation of personal statements by Members. 

4.2    Multiple nominations 

4.2.1    Candidates may consent to more than one nomination. In such cases, a candidate will be required to advise the Returning Officer, in writing, prior to the despatch of ballot papers, which post they would like to fill should they be successful in winning more than one post, and if they are nominated for all three Office Holder posts, they must advise the Returning Officer, in writing, prior to the despatch of ballot papers, of their order of preference (“the declared post”).

4.2.2    In situations where Clause 4.2.1 above applies, a candidate who is successful in winning more than one post will take up the declared post and the candidate with the second highest number of votes for the other post(s) shall be elected to the other post(s). 

4.3    Voting franchise and the running of the ballot 

4.3.1    Every Independent Group Member whose authority is in membership of the LGA will be eligible to vote and will be ineligible to vote if their respective authorities are not in membership of the LGA.

4.3.2    Members are contacted about the elections and voting in accordance with the LGA Privacy Notice, which incorporates the Revised Privacy and Electronic Communications Regulations (PECR) 2022.

4.3.3    All Members entitled to vote will automatically receive an electronic ballot paper. An electronic voting system will be used for all Independent Group elections.  

4.3.4    The names and local authorities of nominees for all elected posts will be made known on the ballot papers.

4.3.5    The period between opening and closing the ballot (the election period) will be 3 weeks and will close no later than 5 working days before the Independent Group AGM and the LGA General Assembly. 

5.    Campaigning  

5.1    The Independent Group office will conduct one hustings for all positions open to ballot and a recording will be made available online. A link will be sent to all electors, unless they have opted out of Group communications.

5.2    The Independent Group office will distribute up to four separate items for each candidate of election campaign material, including website links, to all electors, unless they have opted out of Group communications. The campaigning items can be in any format (e.g. link to a video, website, pdf poster, etc) that can be distributed electronically via email.

5.3    The Independent Group office will issue a timetable for submission of the campaigning items with a list of formats and other requirements at the closure of the nominations. Should submissions not be received within the timetable or in a format that cannot be distributed electronically, they will not be distributed.

5.4    No candidate, or third party acting on their behalf, may undertake or incur further expenses on campaigning in additional to the four campaigning items distributed by the Independent Group Office.

5.5    Direct unsolicited contact by the candidates or any third party acting on their behalf to members of the LGA Independent Group that would be considered election or campaign material for the Group Elections by any reasonable person that is received through the letterbox, by telephone, by email, through a newsletter or bulletin, text message, social media, electronic means and/or in person is not allowed.  

5.6    Generic encouragements to vote in the Group election and raising awareness of the Group election that do not incur expense and do not endorse specific candidates, such as via social media, are allowed.

5.7    Except for the distribution of the four campaign items, no LGA resources, including officer time and office facilities, should be used to support any campaigning by candidates. No LGA resources, including officer time and office facilities, can be use in the creation of the campaigning material.

5.8    Lists of names and addresses of Independent Group Members will not and cannot be released by the LGA to candidates for the purposes of the election, and any LGA-originating contact, contact lists, networks or communication platforms must not be used by candidates for campaigning.

5.9    During the election period all Group business will be communicated to members via Independent Group Officers, or if an elected member is required, a member of the Executive who is not a candidate will undertake the Group business, including all press releases, meetings, think tank activity, social media and updates otherwise made by the Group’s Leadership. 

 
Appendix 3

Standing orders governing the Annual General Meeting

[last updated October 2024]
1.    Purpose of the Annual General Meeting
1.1.    The Annual General Meeting of the Independent Group shall be held prior to the LGA Assembly and Conference each year for the following purposes, namely:

1.1.1.    To bring together the LGA Independent Group members to inspire and celebrate success.

1.1.2.    To agree the minutes of the previous AGM.

1.1.3.    To receive a short report from the Group Leader on their activity on behalf of the Group during the previous year, followed by questions, so that they can be held to account to the Group.

1.1.4.    To receive for noting the Independent Group Annual Report as part of the Group Leader’s report on the work of those appointed to key positions on behalf of the Group.

1.1.5.    To receive a report from the Treasurer of the Independent Group accounts (audited or not audited) for the previous financial year in accordance with the recommended code of practice.

1.1.6.    To appoint auditors, if necessary.

1.1.7.    In an election year, to declare the results of the election of Group post holders (Leader, Deputy Leader and Treasurer/AGM Chair).

1.1.8.    To confirm the Group’s nominations to the LGA General Assembly of the Vice-Chair and Deputy-Chair of the LGA from the Independent Group, who will also be Directors of the LGA Company. These will be the elected Group Leader and elected Deputy Group Leader.

1.1.9.    To note the Group’s nominations of vice-presidents for the LGA, who are selected from the House of Lords.

1.1.10.    To receive, debate and adopt motions from the LGA Independent Group members.

1.1.11.    To transact any other business related to and necessary for the LGA Annual General Assembly and Conference.

1.2.    All members of the LGA Independent Group as set out in the LGA Independent Group Constitution are entitled to attend at any General Meeting of the LGA Independent Group.

1.3.    Notice of the AGM and any other General Meeting will be published in writing at least 21 days before the date of the meeting.

1.4.    The AGM Chair will set the final agenda timings for the AGM in consultation with the Group Officers.

1.5.    All members are expected to support the AGM Chair and there is collective responsibility for the smooth running of the AGM.

2.    Submission of Motions

2.1.    For motions to be considered at the Independent Group AGM they must be factually correct. Motions should:

2.1.1.    Call upon the Group to change its own Constitution or the way it relates to and provides support to its membership.

2.1.2.    Raise issues of national importance to the Group’s members on which the Group or the LGA should have a policy and take action and asks the LGA or Group Officers to pursue a course of action.  

2.1.3.    Enable the Group to have a collective and powerful voice on national issues and change the national narrative.

2.1.4.    Have positive intent.

2.2.    The Executive can refuse to accept a motion if it:

2.2.1.    Relates to or the same as a motion debated at the previous two years.

2.2.2.    Is not factually correct.

2.2.3.    Is in contradiction to the Bell Principles as set out in the Independent Group Constitution.

2.2.4.    Would cause damage to the reputation and or operation of the LGA Independent Group.

2.3.    Where motions are not accepted to the AGM, the Executive will put the reasoning in writing to the proposer of the motion.

2.4.    Members must submit a draft motion no later than 30 days in advance of an expected AGM to the Independent Group Office and/or a member of the LGA Independent Group Leadership to discuss any procedures and timescales for motions before submitting them formally.

2.5.    Draft motions will be reviewed by the Independent Group Executive for feedback to the proposer of the motion.

2.6.    Members must then submit a formal Notice of Motion to the Independent Group Annual General Meeting to the Independent Group Office no later than 14 days in advance of the meeting.

2.7.    The member bringing the motion must be able to attend the Independent Group Annual General Meeting in person to speak to the motion.

2.8.    Members are encouraged to contact the Group Office to discuss their motions and for any clarity over the procedures for submitting motions.

3.    Responding to motions – in advance of the meeting

3.1.    Motions for debate will be shared 7 days in advance of the AGM with all members of the LGA Independent Group.

3.2.    The Independent Executive Committee shall have the option to comment on each motion, including proposing any amendments, ahead of the meeting, to be circulated to members with the original motion 7 days prior to the AGM.

4.    Responding to motions – in the meeting

4.1.    There is limited time for motions and the AGM Chair will try to allow debate for as many as possible in the time allowed in the order in which they were submitted to the Group Office.

4.2.    At the discretion of the AGM Chair and the mover of the motion, motions may be voted on without debate for expediency.

4.3.    Any motions which are not discussed at the AGM will be deferred to a future gathering of Independent Group Members, as agreed between the Group Executive and the mover of the motion.

4.4.    Proposed amendments to the motions can be received in writing prior to the AGM for debate, with a named proposer and seconder.

5.    Procedural motions

5.1.    A member may raise a motion to defer or refer a motion to another meeting or time if it would be better discussed or additional information is required.

5.2.    With the agreement of the AGM Chair, a member may move a procedural motion to force a vote on a submitted motion.

5.3.    Where there are questions of procedure a member can ask for clarification from the AGM Chair.

5.4.    All contributions and questions will be undertaken respectfully and with civility. The AGM Chair will be treated respectfully and with courtesy. Should members attending the AGM not adhere to these principles, the AGM Chair has the power to suspend the meeting.

6.    Terms of debate

6.1.    When debating the motions, the below terms of debate apply:

6.1.1.    The AGM Chair will have final discretion on the timing of the debates to ensure the most effective debate within the time available.

6.1.2.    A representative, when speaking, must stand if they are able and address the AGM Chair. They shall direct their speech to the question under discussion.

6.1.3.    The AGM Chair shall decide all questions of order and their ruling upon all such questions or upon matter arising in debate shall be final and shall not be open to discussion.

6.1.4.    A motion shall not be discussed unless it has been proposed and seconded by Group representatives of authorities in membership of the Local Government Association at the time of the AGM.

6.1.5.    The mover of the motion will have two minutes to introduce the motion and the reason for it. No points of order will be taken during this introduction.

6.1.6.    Unless it has been pre-agreed with the proposer of the motion to go straight to vote, the AGM Chair will then invite members attending the AGM to speak, for a maximum of two minutes each, in response to the motion.

6.1.7.    Each member can only speak once per motion except for the mover who introduced the motion who has the right to reply, again for a maximum of two minutes unless otherwise stated by the AGM Chair.

6.1.8.    Where an amendment is proposed the AGM Chair will ask for a seconder. If the proposed amendment is agreed by the proposer of the amendment, then it will be accepted for debate.  If it is not accepted by the proposer the amendment will be opened to a short debate. No further amendments will be accepted until a vote has been had on the first amendment. The proposer of the amendment will have a final right to reply for a maximum of two minutes before a vote.

6.1.9.    Where an amendment to a motion is carried by the vote, it takes the place of the original motion and becomes the motion being debated and the motion upon which further amendments may be moved.

6.1.10.    All members will be able to speak for a maximum of two minutes to the new amended motion.

6.1.11.    If an amendment is rejected, other amendments may then be moved on the original motion.

6.1.12.    The final motion incorporating any agreed amendments will be the motion that is put to a final vote.

7.    Voting

7.1.    Voting, shall wherever possible, be determined by a show of hands. Group Officers will count the vote for, against and abstaining, will verbally announce the result to the AGM and this will be recorded in the minutes to the meeting.

7.2.    If a secret ballot on a motion is proposed by a member and seconded at the AGM, prior to the full debate on the motion, this will be put to a vote without debate and will be carried by a majority. Group Officers will determine the best way to conduct the secret vote and will count the vote for, against and abstaining, and will verbally announce the result to the AGM. This will be recorded in the minutes to the meeting.

7.3.    Should technical difficulties prevent an online vote, members will be asked to contact the Group Officers with their vote. This will be treated confidentially.

7.4.    Each member present will get a single vote with equal weighting, even if they represent two councils. The AGM Chair will not vote in the main debate and will hold a casting vote if required.  

Special General Meetings and Extraordinary General Meetings
7.5.    A Special General Meeting of the Independent Group may be called at any time by the Leader of the Independent Group or by not less than ten Members in more than one region of the Independent Group acting together having sent a written request to the LGA Independent Group Leader to convene such a meeting.

7.6.    The Leader of the Independent Group shall then authorise the holding of a Special General Meeting within 28 days of the receipt of such request.

7.7.    The Leader and Deputy Leader acting together shall be entitled to call a Special General Meeting in the event of an emergency, giving such notice as they deem sufficient in the circumstances.

7.8.    Where a Special General Meeting takes place, it will take place solely for the purpose it has been called.

7.9.    Where a Special General Meeting takes place to debate motions, the constitution, or any other issue, the process for motions, terms of debate and voting will follow those set out in the AGM Standing Orders. 

 
Appendix 4

Complaints and Standards Process for the LGA Independent Group

1.    Should a complaint against a member who is either a member peer or is serving on an LGA Board or other structure be brought by the LGA to the attention of the Independent Group Office for action the following steps will be taken:  

   

2.    Members representing the LGA Independent Group on any LGA structure are expected to make the Group Office aware should a complaint or accusation be made against them and to keep the Group Office updated. This is to allow the Group to take a view on the reputational risk to the LGA, the Independent Group and to councillors who fall under the Independent Group banner.  

3.    All complaints will and must be handled on a confidential basis. Each situation will be considered on a case-by-case basis.

4.    The LGA Code of Conduct is the primary protocol for all members acting for the LGA and all decisions made under it will be applied by the Group.