In my recent Scribe Academy webinar, "Agendas, Summons, and Minutes", I delved into the aspects of council meeting documentation, offering insights and practical guidance to enhance efficiency and compliance in local councils.

For a general overview of summons, agendas and minutes, I invite you to read "Mastering the Essentials" where I shared my experiences and the best practices for these essential aspects of meeting management.

This time I am dedicated to addressing the queries that came up during the webinar Q&A, offering my advice and tips to navigate the nuances of council documentation. I hope that the answers provided will serve as a valuable resource, aiding you all. 

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❓ Questions & Answers

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Q: Our chairman has been calling all meetings as extraordinary since July 23, despite having a qualified assistant administrator, and presenting full agendas without substantive content or supporting information for votes. Is this correct?

‍A: No, it's not correct. The chairman has limited rights to call meetings and should not schedule an abnormal number of extraordinary meetings. The requirements for the agenda and voting apply equally to extraordinary meetings. So, it's not correct.

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Q: Should papers and reports be included in an agenda pack when it's published, even if some are added gradually as the meeting approaches, sometimes only half an hour before?

A: Good practice dictates that papers and reports should be available when the agenda is published. This ensures that councillors, in particular, know what they're discussing ahead of time and have all relevant reports for review.

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Q: Regarding the rule of a 6-month absence for councillors, does this also apply to county councillors? Especially since we haven't had our county councillors attend our meetings for over 3 years?

A: The 6-month rule applies solely to parish councillors. If a councillor does not attend meetings for that period, they automatically cease being a councillor. However, this rule does not apply to councillors of other councils; it is specific to parish councillors. And when I say parish, this is including town & community councillors.

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Q: On the agenda, when listing items that are going into private and confidential sessions, do you quote the legislation, such as the Public Bodies (Admission to Meetings) Act 1960, or is quoting the legislation necessary for going into private and confidential sessions?

‍A: Yes, you have to quote the legislation. It must be read out at the meeting. You should read out exactly what is in the act without embellishing it. Different councils might have different practices, but the standard procedure is to read the wording from the act.

‍Follow-up Q: Do councils have a standard text to read out at meetings for this purpose? I've noticed variations across different councils.

‍A: The text read out should directly come from the act itself, without any additions. For example, one might read out a section under the Local Government Act 1972 for principal councils, but it's crucial to use the correct legal reference applicable to the council type, like the Public Bodies (Admission to Meetings) Act 1960 for parish councils.

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Q: In the run-up to elections, traditionally known as the purdah period, we only have a Police and Crime Commissioner election forthcoming. I'm wondering, does holding a potentially controversial meeting, say on highways and parking, differ in this context compared to a local Parish Council election?

‍A: Yes, there is a difference, but caution is still advised. While the context isn't exactly the same as during a local Parish Council election, if the discussion could potentially criticise the Police and Crime Commissioner's performance, it's important to tread carefully. The principles of being considerate and cautious still apply, though the specifics may vary.

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Q: Regarding working groups that have no decision-making powers, our agenda often includes items to "receive working groups' reports and recommendations." Can decisions be made based on these recommendations during the meeting?

‍A: While working groups or committees can report to the council, decisions can't be made on their recommendations unless those specific actions are included on the agenda. For instance, if a working group suggests spending £5,000 on a project, the agenda must specifically state that a decision on this expenditure will be made. This ensures clarity and proper governance, especially when it comes to financial decisions.

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Q: As a clerk for one council and a councillor for another, I've encountered a practice where the summons/agenda is sent via email within three working days, but all reports and documents are delivered in hard copy only a day before the meeting. Additionally, the agenda sometimes includes "late relevant items," which I believe might not be appropriate. Is this practice correct?

A: No, including "late relevant items" on the agenda in such a manner is not correct. While it's permissible to receive reports up to the meeting, decisions based on those reports cannot be made without proper notice and a resolution. Every councillor must have an equal opportunity to review the materials being discussed. The practice of distributing materials so close to the meeting time, especially when it comes to significant decisions, is not in line with good governance practices.

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Q: Regarding the 6-month rule for councillor attendance, can it be extended? If so, how do we go about that? Does the councillor need to communicate with the chairman of the Council, and would this be considered at a meeting?

A: The 6-month rule cannot be extended except through the acceptance of apologies for absence. If a councillor fails to attend meetings for 6 months without submitting apologies, they automatically ceases to be a councillor. For cases like long-term sickness, a councillor must submit apologies for each meeting they miss. When these apologies are accepted by the Council, the 6-month period resets from the date of each accepted apology.

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Q: In closed session discussions, particularly regarding employment matters, how detailed should the minutes be to confirm a decision was made while considering the potential for legal claims by staff members?

A: When documenting decisions from closed sessions on employment issues, caution is paramount. The aim is to include as little detail as necessary, ensuring the minutes clearly indicate the decision reached without delving into sensitive specifics that could lead to legal complications.

Follow-up Q: If the agenda item is to discuss and decide on a matter, and the minutes simply state that a decision was agreed upon, is that adequate?

‍A: This approach is generally acceptable. However, you might need to provide a bit more context, such as mentioning adjustments to salary or other decisions made, without providing excessive detail. The key is to document the outcome clearly while maintaining the confidentiality and sensitivity these matters require.

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Q: Our discussions often veer off-topic, making it difficult to track resolutions. We're considering recording sessions to aid in accurately documenting minutes, which would be deleted after the minutes are finalised. Would the same privacy concerns apply to audio recordings as to visual ones, and must all participants be informed about the recording?

A: Yes, it's advisable to inform all attendees that the meeting is being recorded, regardless of whether the recording is audio or visual. This ensures transparency and consent from all participants. While it's understandable to use recordings to capture accurate details for the minutes, it's crucial to maintain focus on the meeting's original resolutions and respect privacy concerns by informing participants about the recording process.

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Q: In our working party meetings, we often include "Any Other Business" (AOB) as an agenda item for topics not pre-notified. Sometimes, these discussions lead to recommendations for standing committee meetings. Should such proposals be postponed until they can be included as formal agenda items in the next meeting?

A: Yes, it's necessary to delay any proposals arising from "Any Other Business" until they can be formally listed on the agenda for a future meeting. This ensures that all participants are fully aware of the matters to be voted on or discussed in advance of the meeting. While "Any Other Business" can be useful for reports or minor discussions, it should not be used for matters requiring a decision or action. Transparency and prior notification are key to effective meeting governance.

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Q: What is the minimum information that needs to be displayed on a village notice board about meetings, and what is the correct process for approving previous minutes, especially if councillors want the minutes to be read out again for approval?

A: The minimum information to be displayed is the summons and agenda. For the approval of minutes, they should be distributed beforehand, and the chairman should propose a resolution for their approval. It's not necessary to read them out again at the meeting, as both councillors and the public should have had the opportunity to review them in advance.

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Q: Should minutes state which councillors proposed and seconded a motion?

A: It's not necessary to specify who proposed or seconded a motion unless there's a recorded vote. The minutes should simply record the decision made.

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Q: For planning committee agendas, is it correct to include an item for discussing any planning applications received after the agenda was published?

A: While planning matters do come in constantly, it's advisable to stick to discussing only those applications listed when the agenda was published. This ensures councillors have had an adequate chance to consider them.

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Q: Who has the final say on the minutes, and can the council resolve not to accept and approve them?

A: The minutes are a formal record produced by the clerk and should not be extensively altered by councillors. While councillors can resolve not to accept the minutes, they are primarily a record of decisions made, not of the discussions leading to those decisions.

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Q: Is it correct to combine the summons and agenda for meetings, and is the "Matters Arising" item still necessary, or should it be replaced with a Clerk's report?

A: Combining the summons and agenda is acceptable, and it's common practice. The "Matters Arising" section is no longer considered necessary; a Clerk's report can serve a similar function by updating on items not listed for discussion or decision.

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Q: Can HR sub-meetings be held on camera, and do agendas and minutes for these meetings need to be published?

‍A: HR sub-meetings can be held on camera, especially for sensitive discussions. While agendas for these meetings should be published, the minutes can remain vague to protect confidentiality and personal information, as they are subject to Freedom of Information requests

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Q: Is it acceptable to not publish HR agendas and to handle planning applications received after the agenda's publication during the meeting?

A: HR agendas should ideally be published, though many councils choose not to. For planning applications received late, it's a common but not officially recommended practice to discuss them; councils should provide adequate notice and information for all items discussed at meetings.

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I hope this blog has provided valuable insights and answered some of your key questions regarding the handling of summons, agendas and minutes, contributing to more effective and streamlined council meetings in the future.