Can non-voting members of committees count towards making a meeting quorate?

Question

We used to have a park management committee that, more often than not, had more non-voting than elected members in attendance ie, two to one. Was the usual practice of allowing the meeting to proceed but referring any substantive decisions that needed to be made to Council for determination correct?

Answer 1

My understanding is that the quorate calculation is made up of all those who can vote.  So the non-voting members don't count and the meeting should be suspended.

There is nothing you can do to stop those attending still discussing the agenda and it would essentially become a working party where no decisions could be made.  So the usual practice is not ideal but will allow for the management of the park to continue.

Comments

I have always taken the same view, but I wonder whether Model Standing Order 4d viii is intended to give the council the power to determine who should be included in the quorum (as opposed to a simple number) according to local circumstance? I am unable to find a legislative reference to this at present, but in the case of an advisory committee of all (or all but one or two) non-councillors, it would be necessary to count the non-councillors in the quorum, even if they do not have the right to vote.

Answer 2

No.  In order for the meeting to be quorate,  there must be sufficient members of said committee to be present as set out in standing orders..  By definition, normally all members of a committee have voting rights. Non voting attendees aren't committee members. The meeting should be open to everyone unless a valid exemption by resolution if necessary is applied.

Comments

Model Standing Order 4b allows non-councillors to be full members of a committee and, in the case of an advisory committee, 4c allows all members to be non-councillors.