Rules and Procedures of Plenary Sessions: A Comprehensive Guide
Rules and Procedures of Plenary Sessions
Assistance and Participation
Members of the Governing Board, or the Deputy Mayor in its absence, may seek assistance and consult with spokesmen for various groups within the Corporation. However, discussions are limited to matters that have been previously audited, informed upon, or subjected to consultation with the relevant Commission reports. The President, with proper justification, can urgently add new issues to the agenda on their own initiative or at the suggestion of a speaker, even if these issues haven’t been previously reported by the Information Commission. However, agreements on such issues require ratification in a plenary session. The agenda for regular sessions must always include a segment for requests and questions.
Meeting Venue
Meetings are typically held at the Town Hall, Palacio Provincial Headquarters of the Corporation, or a concerned party’s premises. In exceptional circumstances, such as force majeure, the Mayor or President can, with prior notification to all members, designate an alternative building or location for the meeting.
Language
All communication related to the meetings, including calls, agendas, motions, dissenting opinions, proposed resolutions, and committee opinions, must be in Spanish. Additionally, if legislated or deemed necessary, communication should also occur in the official language of the Autonomous Community (AC).
During debates, both Spanish and the co-official language of the respective Autonomous Community can be used interchangeably.
Meeting Duration and Adjournment
All meetings, whether ordinary or extraordinary, should adhere to the principle of unity of action and aim to conclude on the same day they begin. If all agenda items haven’t been addressed and resolved by the meeting’s end, the President holds the authority to adjourn the meeting. In such cases, the undiscussed matters are included in the next session’s agenda.
Public and Closed Sessions
Plenary sessions are generally open to the public. However, the debate and voting on matters concerning citizens’ fundamental rights, as outlined in Article 18.1 of the Spanish Constitution, can be held in secret if a majority absoluta agrees.
Quorum and Voting Procedures
Quorum
A quorum, consisting of at least one-third of the total members of the Corporation (minimum three members), is required for a plenary session to be considered validly constituted. This quorum must be maintained throughout the session. The presence of the President and Secretary of the Corporation, or their legally appointed substitutes, is mandatory for all sessions.
Voting
Voting takes place after the conclusion of a debate on an issue. The President is responsible for clearly outlining the voting terms and method. Once initiated, the voting process cannot be halted, no interruptions are permitted, and no one may enter or leave the chamber. The President formally declares the completion of the voting process. Following the vote, the Secretary tallies the votes, announces the result aloud, and the President proclaims the adopted resolution.
Decision-Making
Decisions are typically made by a simple majority, where the number of votes in favor exceeds the votes against. An absolute majority, where positive votes surpass half the total number of members, holds greater weight. Voting is personal and non-transferable, with members having the option to vote in favor (+), against (-), or abstain. In case of a tie, the President exercises a casting vote.
Voting Methods
- Ordinary Voting: The most common method, indicated by conventional signs of agreement, disagreement, or abstention.
- Nominal Voting: Requires a simple majority approval and involves members voting in alphabetical order, stating “yes,” “no,” or “abstain.” The President votes last.
- Secret Voting: Employed for elections or removals, where votes are cast using ballots deposited in an urn.
Minutes and Certification
Minutes
The Secretary prepares minutes for each session, serving as a record of the proceedings and decisions made. The minutes should include:
- Meeting location, specifying the municipality
- Date (day, month, year)
- Start time
- Names of the President, present and absent members
- Meeting type (regular or special, first or second convocation)
- Attendance of the Secretary or their legal substitute
- Summary of viewpoints from groups or individual members who participated
- Details of incidents
- Voting results
- Adopted agreements
- Time of adjournment
Certification
If a meeting doesn’t occur due to a lack of attendees or other reasons, the Secretary prepares a certified report stating the situation. This report includes the names of those present and those who provided excuses for their absence.
Functioning of Local Collegiate Bodies
Collegiate bodies, governed by Law 30/92 (Articles 22-27), operate on the principle of collective decision-making. Key aspects include:
Composition
- President: Represents the body and chairs the meetings.
- Members: Participate in discussions and decision-making.
- Secretary: Maintains records of meetings, including minutes and decisions.
Meetings and Decision-Making
- Convocation: The process of informing members about a meeting and requesting their attendance.
- Agenda: Pre-determined list of topics to be discussed.
- Quorum: Minimum number of members required for valid decision-making.
- Debate: Deliberative process where members express their views on agenda items.
- Voting: Formal process of decision-making, typically through majority rule.
- Minutes: Official record of the meeting’s proceedings and decisions.
Types of Sessions
- Regular Sessions: Scheduled meetings with a pre-determined frequency, not exceeding quarterly.
- Extraordinary Sessions: Convened by the Mayor or President on their initiative or at the request of at least one-quarter of the members. These sessions address specific urgent matters.
- Urgent Sessions: Called when immediate action is required, with a shorter notice period than extraordinary sessions. The urgency of the matter must be stated as the first item on the agenda.
Agenda and Notice
The Mayor or President, assisted by the Secretariat, sets the meeting agenda. For extraordinary sessions, the reason for the session must be justified. Members receive the call notice, detailed agenda, and draft minutes of previous meetings at their residences. A minimum of two days must elapse between the call notice and the meeting, except for urgent sessions.
Delegation of Powers
, the body responsible have conferred some powers that must be translated into concrete actions, they begin with the announcement, quoted members to appear at the meeting .- this session will deal with issues in the pre-established agenda. These are functions of the President .- The first aspect to consider is the number necessary to consider members constituted a quorum .- this is the second point are the debates, which are the internal deliberative process of the organ. Debates in which the president sets both invited to discuss issues such as its direction. The third point is the vote, procedure which reflects the occurrence of subjective criteria in order to form a common intention. Finally, the record is the document that reflects the will of the body .- the call or full sessions include: – Regular: those whose frequency is preset.This schedule will be determined by agreement of the plenary adopted in extraordinary session to be convened by the Mayor or Chairman within thirty days of the constituent meeting of the Corporation and may not exceed the quarterly limit referred to in Article 46.2 a) of Law 7-1985 of 2 Apr.-extraordinary: those called by the mayor or president in that capacity on its own initiative or at the request of a quarter, at least, the legal number of members of the Corporation. Such an application shall be in writing in which the matter or matters give reasons justifying it, personally signed by all who subscribe. This does not weaken the authority of the Mayor or Chairman to determine the issues on the agenda. Filed by the members shall be made within four days of the request and shall not delay its conclusion for more than two months since I had written into the General Register. Faced with the refusal may be brought extraordinary resources .- urgently: those convened by the Mayor or President if the urgency of the matter or matters to be discussed can not convene the special session with the minimum notice of two working days required by the Act 7 – 1985, April 2. In this case should be included as the first item on the agenda of the plenary on the statement of urgency. If this is not appreciated by the Plenum, will rise thereupon the sesión.-the procedure is as follows: President calls for all plenary sessions and the extraordinary must be justified, the call is followed by the detailed agenda and draft of minutes of previous meetings to be approved, these are communicated to members in their homes. Between the call and the conclusion can not spend less than two days, except for urgent .- The agenda of the meetings shall be fixed by the Mayor or President assisted by the Secretariat.