Overturned minuted decisions

Question

Hi.

If an agenda item has been agreed and minuted, can the clerk use his influence with parish council members to overturn the agreed and minuted item outside of a parish meeting? IE via email .

Answer 1

No, a decision can only be made (or unmade) in a properly constituted meeting, preceded by an appropriate agenda item. Most councils have a standing order that prohibits raising the same issue again within six months. Although if a majority of the council agrees, the standing order can be set aside. But, again, this can only be done in a formal meeting of the council. People can debate matters through any medium, but not make decisions.

Comments

Thanks counterpoint, that's exactly my understanding.
It begs the question, why are the clerk and chair now calling members "pathetic" for upholding the rules.

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The Model Code of Conduct states that:
2.  A member must—
(a) promote equality by not discriminating unlawfully against any person;
(b) treat others with respect; and
(c) not do anything which compromises or which is likely to compromise the impartiality of those who work for, or on behalf of, the authority.
and
4.  A member must not in his official capacity, or any other circumstance, conduct himself in a manner which could reasonably be regarded as bringing his office or authority into disrepute.

Your Chair and Clerk need to be reminded of this. The role of the Clerk is to uphold the rules and to ensure that everybody else does so. We can't cherry pick the rules we like and disregard the rest. We are there to provide a record of the decisions made by the Council. The Clerk must not lobby on behalf of one or more members under any circumstances.

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Well said DavetheClerk, very good supplement to the answer.