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Hello

At a recent bi monthly PC  meeting, after the chairman  was clearly heard  by members of the public to call for an egm on a matter of considerable significance to the parishioners and took a resolution to do so in any other business the PC then went ahead and held a meeting to which no agenda was publicly posted the public were by not knowing until after the event had gone ahead and was also subsequently found to have taken place in a house belonging to one of the other councillors.

After the draft copy of the minutes to the original PC meeting were posted in which it was minuted that an egm had indeed been called but oddly moved further forward on the items list to which it should originally been discussed in. Then when the agenda for the next meeting was posted there was an item requesting that the wording for the meeting from which the public were excluded be altered from 'egm' to 'working meeting'.

The PC committee then went ahead and voted at the next meeting to accordingly amend the wording saying that they had only ever intended this meeting to be an 'informal meeting' and the chairman had made a mistake by calling it an egm.

Is it acceptable that a PC should behave in this manner.
by (140 points)

1 Answer

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Whether a council meeting is extraordinary or not has no effect on how it should be conducted, including the requirement to give proper notice and publish an agenda.  The question of being "extraordinary" is simply to do with how the meeting comes to be called.

So, given the usual rules, if notice was not given at least three clear days ahead and no agenda was published, whatever meeting took place could not lawfully make any decision.  There is thus some question over whether the extra meeting was actually a council meeting at all.

If it had been a council meeting, then the public cannot be excluded from the whole meeting, but only excluded from specific items on the agenda by a resolution passed at the meeting by the council and giving (in broad terms) the reason for the exclusion.  Members of the public are entitled to be present until such a resolution has been passed, and are then excluded from the specific items covered by the resolution.

Opinions differ about informal meetings.  Some argue that they should not happen.  A middle of the road view might be that it is difficult to explore complex issues at a normal council meeting.  If extended discussion is needed, this may be better achieved by a group of councillors meeting as a working party.  In this situation, they cannot make decisions on council matters, but they can bring forward proposals for the council to consider.  If the matter under consideration is of wide public interest, then it may be advisable to include some non-councillors in the discussion.  It is certainly good practice for a council to allow some opportunity for members of the public to express their views, and to take them into consideration.
by (33.1k points)

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