Can the Chair participate in a Zoom PC meeting but not chair it e.g. due to temporary poor health?

Question

LGA 1972 Sch 12 paragraph 11 requires the Chair, if present, to preside. Our standing orders do not permit statutory requirements for meetings to be set aside. Our Chair is currently unwell and temporarily not strong enough to run a meeting (which are now held on Zoom) but wants to attend, contribute and vote at our next meeting. Is there a way for the Vice-Chair to preside at this meeting even in the presence of the Chair? If not, could the Chair at least attend as a resident (although unable to vote)?

Answer 1

Totally agree with Counterpoint on this one.  Its not legal in the eyes of the law but is reasonable.  Sometimes you have to take a pragmatic approach to these things.  That said the minutes would still record that the chair was present and that is all they would record....

Answer 2

That's a tricky question! So far as I know, the legislation is clear in requiring the chair to preside if present, and I don't think there is an option for the elected chair to be reclassified as a resident.

My personal view is that the legislation does not really cater for your situation. I'd therefore be inclined to go ahead with having the vice-chair in charge of the meeting even though the chair is present but not fit enough to preside. I don't believe such a technical infringement would have any effect on the validity of decisions made.

Comments

Agreed counterpoint as for example if the chair is unable to chair the meeting due to being taken ill during a meeting then the vice chair steps in. That after all is what a vice chair is elected for. Failing that councillors have the power to elect a councillor to act as chair.As stated pragmatism must be used by councils rather than blindly following unspecified rules.Otherwise they would never get anything done as they spend all their time reading the rule book and not actually doing anything.

Answer 3

Get the Chair to step down and elect a new one, if and when the situation changes reverse the operation