Must a motion to exclude the public be agenda'd?

Question

I understand that no specific procedure is mandated for the choice of candidate to be co-opted to fill an ordinary vacancy. May the candidates be excluded from the council meeting whilst that agenda item is discussed and resolved (on the basis of written applications alone)?  Alternatively, may the public be excluded whilst that agenda item is discussed and resolved and, if so, must a motion to exclude the public also be agenda'd? Furthermore, should such discussion and resolution be minuted?

Answer 1

Check the standing orders for the council as it is likely included in the list of motions that don't need written notice. This means it doesn't need to be on the agenda in advance.

Therefore Council can decide to close the meeting and exclude if they wanted.

Answer 2

As Mrs. A. has said, a motion to exclude the public doesn't need to be on the agenda but there has to be a good reason for doing so and it's not considered good practice to exclude the public for a co-option discussion although I know it is the practice of some councils to do so.  Discussions generally shouldn't be minuted other than to give context to the resolution.

Answer 3

First question - No, the candidates for cooption (nor any other specified group) may not be excluded from a council meeting purely because they are candidates
A council may exclude ALL of the public and ALL of the press but not specific groups
Can / should the whole public & press be excluded during a cooption discussion - it is very difficult to imagine a circumstance where this could reasonably be justified but the council can “do” what the council resolves to do
Does the motion to exclude the press & public  need to be on the agenda - not according to Model SOs but your council needs to follow your council’s SOs
Logic dictates that there needs to be the flexibility to exclude when (in the VERY RARE) circumstances it may be necessary so requiring a motion to be submitted a week before the meeting is impractical if a subject arises which qualifies for exclusion.

If it is known in advance, put it on the agenda, if it arises during a meeting so be it

Answer 4

If the Council seek to exclude the press or public, this must be done through a resolution, and the resolution should be stipulated as an agenda item.  However, it need not necessarily arise through a member motion.  The clerk may identify that confidential or exempt information may be divulged at the meeting & can inform the members about this and call for a resolution accordingly to exclude.   Some resolved exclusions could apply to several meetings, some of which may be in the future, perhaps an ongoing legal matter etc which comes up for discussion on a regular basis for a while.