The Fitzwilliam Land Sale.
PROTOCOL ON EXTRAORDINARY MEETINGS
The purpose of an Extraordinary Meeting it to enable business to be transacted, or a matter to be debated, that cannot await the next ordinary council meeting.
The expectation, therefore, is that the matter covered in the notice of motion will be urgent.
However this does not seem to be the case with the extraordinary meeting called by Council Chair Jean Eccles, as the last town council meeting resolved that any action on the Fitzwilliam land sale be deferred until May 2023 for the new councillors to deal with.
This has not been rescinded and is still in force.
Any rescinding of this resolution has to be on a SPECIFICALLY worded and clear agenda item.
Councillors including Jean Eccles cannot ignore a previous decision of the Town Council without having that decision put on the agenda for review first.
Yes Ferret knows Jean Eccles has ignored them before and made some people look pretty foolish, which she probably enjoyed doing, but those days of waving the crooked wand and making decisions like that without challenge, are over and over for good very soon.
Also, the minimum three clear days for notice of a meeting does not include the day on which notice was issued, the day of the meeting, a Sunday, a day of the Christmas break, a day of the Easter break or of a bank holiday or a day appointed for public thanksgiving or mourning.
The above is in Hemsworth Town Council’s standing orders and it is in bold print, it cannot be suspended or ignored without consequences.
It is not debatable it is mandatory.
Those conditions also have not been met.
As chair of Hemsworth Town Council it is Jean Eccles’ role and responsibility to uphold the standing orders without exception.
Alan Draper as Town Clerk should be advising her that this meeting cannot take place.
The clerk has an important role in ensuring that meetings of the council run in accordance with legal requirements.
Failure to follow these simple rules, no they are not hard, they are really simple Jeanie and Alan, renders the meeting invalid.
The statutory requirement that members have at least three clear days’ notice of the business to be transacted also means that no business may be transacted at a council meeting other than that specified in the summons.
The agenda item of “To receive and consider advice from the council’s appointed RICS valuer (Sanderson Weatherall) regarding the sale of land at Club Terrace Fitzwilliam.” only covers receiving the advice and giving it consideration.
Business conducted without being listed on the agenda (or hidden in another item) may be declared void, if challenged in the Courts.
Failure to abide by the mandatory requirements, renders any meeting and decisions invalid and a judge can set them aside and can even be challenged at judicial review leaving the offending councillors to pick up any costs incurred.
Even the advice from the SLCC (society of local council Clerks, Alan Drapers own “union”) is this:
· Do not count as any of the necessary ‘three perfect intervening days’ any Sunday, any part of a bank holiday break (Easter, Christmas or a bank holiday weekend) or any day of national thanksgiving or national mourning
Members of the public can attend this meeting, which is being held this evening at 7pm in the main hall of the Community Centre on Bullenshaw Road in Hemsworth.
Ferret would encourage as many people as possible to attend this meeting in person.
Jean Eccles and Alan Draper: Back to Basics: How not to call a Meeting The Eccles Way.
Even if the meeting is only to receive and consider advice it still remains unlawful and should not go ahead and anyone who supports it risks having to pay the price.