Are resolutions passed in an illegally convened meeting legal decisions of the council?

0 votes
If a clerk convenes an extraordinary council meeting contrary to standing orders are the resolutions passed at that meeting valid decisions of the council? If they are not valid decisions and are acted upon by the council including the spending of money to whom should one refer the issue to? Apart from the extrernal auditor who will only look at it as an objection if it is financial there is no other body to report it to. This implies that local councils can do what they want, legal or otherwise without fear of retribution. Does anyone know where the matter should be dealt with. The council in question has issued an apology in words alone and taken no steps to remedy the problem.
asked by (360 points)

1 Answer

+1 vote
This sounds a bit of a complex one and without a full understanding of all the facts, a definative reply is difficult. However the following points may be relevent. The Clerk cannot convene a meeting, only the Chair (or two members) can upon giving three clear days notice. No expenditure should be incurred or committed to unless such notice is given. This is a legal requirement and the standing orders cannot limit this. Any decision taken without such notice is capaple of being challenged and if done so successfully, will be declared illegal. Note however that the council can always call a further meeting in compliance with the rules and then proceed to set aside the decision and then remake it. It then becomes legal. If a decision is made contrary to standing orders, although not contrary to the law, the council can proceed in a similar fashion and resolve to set aside the relevent standing order before re-making the decision. Any complaint should be made to the council concerned. I hope this helps.
answered by (3.9k points)
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