Members not Summoned

Question

Hello

We have called an Extraordinary Meeting and the agenda was published in the appropriate time with 5 days notice, members were there in person when it was announced at the closure of the last meeting, the Tuesday before, however our Democratic Services Officer did not send the agenda out to members until this morning.
Is this meeting still legal as it has been published in the legally required time, just not sent to members emails?

Thank you.

Answer 1

If you consider that an extraordinary meeting can be called by two councillors (where they would publish/produce the agenda), you wouldn't be summonsed to that meeting; the councillors do no have the power to do so. They still require the same notice period to have received the agenda though. The purpose is to give the councillors time to consider what's on the agenda, look into the items, maybe even get some public feedback on any motions... so I would suggest that there isn't an issue on whether the summonsing was done correctly, but I think you'll find that the meeting hasn't been "published" correctly if the agenda and any agenda pack weren't published in the legally mandated time-frame.

Of course, it then becomes a case of what to do about it - if enough of the councillors object and fail to show up, the meeting can't take place. The only other thing you can do is challenge it after the event. If you're in a minority of councillors where a majority are trying to push something contentious through, I would first propose a motion to try to defer the matter until members had time to look at the items in more detail. If that fails, I would ask for the votes of each members to be recorded for those items and then abstain on the grounds that you haven't had time to read/consider the motion. You would then have done everything possible to stop the council taking a vote. Immediately after the meeting, notify the external auditor as to what has gone on. They can intervene if the situation is particularly "dodgy". Failing that, and if you really do believe the motions passed have not been considered properly, you can request a judicial review yourself - but it's a time sensitive and costly process.

Answer 2

No, the meeting is not legal.  The 1972 LGA is clear that 'three clear days' before the meeting notice of the time and place of the intended meeting shall be fixed in some conspicuous place in the parish and, where the meeting is called by members of the council, the notice shall be signed by those members and shall specify the business proposed to be transacted at the meeting; and a summons to attend the meeting, specifying the business proposed to be transacted at the meeting and certified by the proper officer of the council, shall be sent to every member of the council by an appropriate method. (my emphasis).

The agenda or 'business to be transacted' must be both published in the appropriate place AND sent to members along with a summons from the proper officer.  The clear days exclude the day of sending, the day of the proposed meeting, Sundays and Bank Holidays.