Agenda signatures

Question

If shortly after signing and issuing an agenda a clerk vacates the post, before the meeting and without any replacement officer being in  post during the three clear days before a council or committee meeting, can the meeting go ahead on the basis of that agenda when the officer issuing it is no longer in the employ and has not been in place to service the meeting preparations in the lead up to the meeting or advise on the agenda?

Answer 1

Meetings can take place without the Clerk in attendance so I can't think of any legal reason why the meeting can't go ahead.  From a practical point of view you do need someone to take the minutes and write them up so a locum or willing volunteer will be needed.

Answer 2

If the clerk was a properly engaged employee of the council with appointment as proper officer and delegation through resolution, job description or contract of employment to serve summons for council meetings at the time the agenda (summons) was issued then it may be properly considered as served.
That they have subsequently ceased to be employed has no bearing on the status of papers properly served whilst employed.

Answer 3

If the clerk's departure was a sudden and unexpected event, unless dismissed for gross misconduct, he or she technically remains in post until the expiry of his or her one month's notice period, unless you use a contract of employment that specifies otherwise. So still on the payroll, but absent from the meeting, meaning alternative arrangements will be required as Delboy's wife has outlined.