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can you change the HR committe members and chairman outside of the annual meeting?

+1 vote
Our current HR chair and some members of the committee would like to stand down but I`m not sure if they can do this outside of the annual meeting where all committees are elected?
asked by (130 points)

1 Answer

0 votes
It depends on your standing orders. If you are using something that more or less follows the NALC model, then a committee can be created or dissolved at any council meeting, and does not require an agenda item or prior notice. Membership of a committee can also be changed. The composition of a committee can therefore be changed without restriction, simply by a resolution passed by the council.
answered by (28.7k points)
A committee can be created or dissolved at any council meeting, and does not require an agenda item?
dThe Council may appoint standing committees or other committees as may be necessary, and:
iv.shall, subject to standing orders 4(b) and (c), appoint and determine the terms of office of members of such a committee;
I don't see any reference in them to forgo the need for an agenda item.

Interestingly the SO says
x.shall determine if the public and press are permitted to attend the meetings of a sub-committee and also the advance public notice requirements, if any, required for the meetings of a sub-committee;
This is incorrect, by default Press and Public can attend all of them.  A resolution must be passed for exclusion, NOT attendance.  But it is influenced by NALC!
I don't know how close our standing orders are to the NALC Model right now, but they contain a section 5, which is a list of motions not requiring written notice. Item 8 in the list is "To appoint a committee or sub-committee or any councillors (including substitutes)thereto" and item 9 is "To receive nominations to a committee or sub-committee" and item 10 is "To dissolve a committee or sub-committee". I take these collectively to give the council the power to make any adjustments to committee composition it can agree on, without prior notice.

There is case law to support this point. In Manton v Brighton Corporation (1951) it was held that as the council had power to revoke the authority of a committee as a whole, it also had power to revoke the authority of a single member before the end of their prescribed period of office. However, there are constraints on this, such as it cannot be used as a punishment for doing what the councillor is lawfully entitled to do.

The position of committees and subcommittees is somewhat complicated, because there is little explicit statutory authority for them. However, I'd agree that they should always give proper notice and allow attendance by press and public except where specifically excluded for a stated reason.

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