Extraordinary meeting called by the clerk is the meeting illegal

Question

Our clerk insist she can call extraordinary meetings and she does, should the chairman just say it an illegal meeting and tell everyone to go home

Answer 1

What do the standing orders say? But yes, generally speaking

Answer 2

Model standing orders make no allowance what so ever for a clerk to convene an extraordinary meeting.
Is this a regular occurrence?

Do you have a resolved and published meeting schedule?

It is illogical for a clerk to unilaterally decide (which would exceed their authority anyway) to try and convene a meeting without talking to the chair first anyway.
How can they produce an agenda without chair endorsing it?

What is the reason / subject matter for the meeting?

Is the opposition to the clerk calling the meeting widespread or 1 or 2 people?

Why not just boycott if widespread.
This is indicative of potential broader issues of either a weak chair, ill informed Cllrs and / or an overly dominant employee (clerk)

What does YOUR standing orders say about convening an extraordinary meeting?

MSOs says chair may do so at any time and if, after 7 days of having been asked to do so, in writing, by 2 Cllrs the chair has not called (that just means set the date) for a meeting, then 4 Cllrs May convene a meeting.
Doesn’t mention clerk anywhere in there….

Unless the chair agrees, the clerk is being a lemon and could end up out on a limb….

Comments

However, if everyone turns up and the meeting is quorate and the agenda and processes are ‘appropriate’ in all other respects, any outputs from the meeting could be deemed as binding.
It wouldn’t be “illegal” for a clerk to call a meeting- just a bit stupid and bombastic.

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Our standing orders are what you stated ,
The clerk has been calling the extraordinary meeting for years and signing the agenda past chairman just do not seem to know the standing orders and can not be bothered to read them there is just two or three Cllr that seem to care the other just like a night out at a meeting

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Well in that case I want to join your PC.
If an extraordinary meeting is like a night out - I want some of that!

Is there beer, dancing bears and fire eaters?

Our XO meetings are usually as a consequence of some form of catastrophes and are best avoided.
There is the option of attending and then calling a point of order which will put the chair (and to a lesser degree the clerk) on the spot.
Point of order chair - under what provision has this meeting been convened?

Answer 3

The law (LGA 1972, Schedule 12, Para 9) is perfectly clear on this.  An extra-ordinary meeting may be called at any time by the Chairman.  Or alternatively, 2 members may requisition the Chairman to call a meeting.  If he refuses or fails to do so, they may call the meeting.  There is no facility for the Clerk to call an extra-ordinary meeting.

Comments

I was just pointing out that many of the Cllr do not seem to take much notice of standing orders of course the xo meeting are of importance

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What is clear is that which you have quoted. That article stipulates who MAY call an XO.  Since those entitlements are enshrined in law that ‘right’ should not be removed from them.
What the reference DOESN’T stipulate is who MAY NOT call an XO.

Thus, if endorsed by individual PC SOs, anyone could be designated as entitled to convene an XO - if that is enshrined in SOs.
If it isn’t, then the calling of an XO by a clerk would be outside of their authority.  Doesn’t necessarily make it illegal, just inappropriate and potentially open to challenge.

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The meetings of the council should be scheduled on an annual basis and as such the clerk must "summons" the councillors to those meetings. Anything outside those dates is an "extra ordinary meeting" and delegation for calling those meetings is set in standing orders ( Chair or specified number of councillors). The only part to be played by the clerk is to summons the councillors to the EO meetings. It is for the council to decide when they meet not the clerk.

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Where does it actually say that? Sch 12 states extraordinary ie all one word, not extra ordinary as in two words. Historically meetings where called as ordinary meetings and Annual meeting. The Clerk may call an extra ordinary meeting if required, particularly for councils that meet bi monthly and a couple of urgent items appear, normally planning and you can’t get extensions and don’t  have delegated powers. In order to accommodate you simply list your meetings each year and the caveat that other meetings maybe called if required and agendas will be published on noticeboard and website.

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It is all about grammar and definition misuse and not legislation. It could be argued that all meetings of council are ordinary and one called by the chair ( or councillors) is just an extra, ordinary one (another) or unscheduled might be a better way of describing it.
 The chairs power includes the calling of such a meeting on behalf of the council and the clerk, unless delegated the powers by council to do so ( check standing orders) cannot call a meeting merely summons the councillors.
The calling of meetings including annual scheduling is entirely in the domain of the council.