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Standing orders - rules of meeting conduct

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3. Public access

3.1 Public at meetings

3.1.1 Meetings normally to be open

All meetings of the local authority and its committees shall be open to the public and news media except where otherwise provided by Part VII of the Local Government Official Information and Meetings Act 1987.

[s.47 and 49 Local Government Official Information and Meetings Act 1987.]

3.1.2 Information to be available to public etc.

All information provided to members at local authority and committee meetings shall be available to the public and news media unless a specific provision of the Local Government Official Information and Meetings Act 1987 applies.

[s.5 and s.49 Local Government Official Information and Meetings Act 1987.]

3.2 Public notification about meetings and access to order papers, agenda and minutes

3.2.1 Public notification about ordinary meetings

All meetings scheduled for the following month except where provided for in order 3.2.2, shall be publicly notified not more than 14 days and not less than five days before the end of every month, together with the dates on which and the times and places at which those meetings are to be held.

[s.46(1) Local Government Official Information and Meetings Act 1987.]

3.2.2

Where any meeting is to be held on or after the 21st day of the month, such meetings may, instead of being notified in accordance with order 3.2.1, be publicly notified not more than ten nor less than five working days before the day on which the meeting is to be held.

[s.46(2) Local Government Official Information and Meetings Act 1987.]

3.2.3 Public notification about special meetings

Where any special meeting of a local authority is called and notice of that meeting cannot be given in the manner required or permitted by order 3.2.1-3.2.2 as appropriate, the local authority shall cause that meeting and the general nature of business to be transacted at that meeting to be publicly notified or otherwise advertised as soon as practicable before the day on which the meeting is to be held.

[s.46(3) Local Government Official Information and Meetings Act 1987.]

3.2.4 Public notification about extraordinary meetings

Where any extraordinary meeting of a local authority is called and notice of that meeting cannot be given in the manner required or permitted by order 3.2.1- 3.2.3 as appropriate for a scheduled or extraordinary meeting, the local authority or person calling the meeting shall cause to be given such public notice of the meeting and the business to be transacted at the meeting as is reasonable in the circumstances (see 1.16.1).

[s.46(4) Local Government Official Information and Meetings 1987.]

3.2.5 Public notification, additional requirements

The Chief Executive Officer shall make any other arrangement for the notification of meetings including extraordinary meetings as the local authority may from time to time determine (see 1.16 for notification to members).

3.2.6

No meeting of any local authority shall be invalid merely because that meeting was not publicly notified in accordance with orders 3.2.1, 3.2.2, 3.2.3 or 3.2.4.

[s. 46(5) Local Government Official Information and Meetings Act 1987.]

3.2.7

Where a local authority becomes aware that any meeting has not been publicly notified in accordance with orders 3.2.1, 3.2.2, 3.2.3 or 3.2.4, the local authority shall, as soon as practicable, give public notice that the meeting was not so notified, and shall in that notice, -

• State the general nature of the business transacted at that meeting; and
• Give the reasons why that meeting was not so notified.

[s. 46(6) Local Government Official Information and Meetings Act 1987

3.2.8 This order cites section 46A of the Local Government Official Information and Meetings Act 1987:

Availability of agendas and reports

"46A. (1) Subject to subsections (6) to (10) of this section, any member of the public may, without payment of a fee, inspect, during normal office hours, within a period of at least two working days before every meeting all agendas and reports circulated to members and relating to that meeting.

3.2.3 Public notification about special meetings

Where any special meeting of a local authority is called and notice of that meeting cannot be given in the manner required or permitted by order 3.2.1-3.2.2 as appropriate, the local authority shall cause that meeting and the general nature of business to be transacted at that meeting to be publicly notified or otherwise advertised as soon as practicable before the day on which the meeting is to be held.

[s.46(3) Local Government Official Information and Meetings Act 1987.]

3.2.4 Public notification about extraordinary meetings

Where any extraordinary meeting of a local authority is called and notice of that meeting cannot be given in the manner required or permitted by order 3.2.1- 3.2.3 as appropriate for a scheduled or extraordinary meeting, the local authority or person calling the meeting shall cause to be given such public notice of the meeting and the business to be transacted at the meeting as is reasonable in the circumstances (see 1.16.1).

[s.46(4) Local Government Official Information and Meetings 1987.]

3.2.5 Public notification, additional requirements

The Chief Executive Officer shall make any other arrangement for the notification of meetings including extraordinary meetings as the local authority may from time to time determine (see 1.16 for notification to members).

3.2.6 No meeting of any local authority shall be invalid merely because that meeting was not publicly notified in accordance with orders 3.2.1, 3.2.2, 3.2.3 or 3.2.4.

[s. 46(5) Local Government Official Information and Meetings Act 1987.]

3.2.7

Where a local authority becomes aware that any meeting has not been publicly notified in accordance with orders 3.2.1, 3.2.2, 3.2.3 or 3.2.4, the local authority shall, as soon as practicable, give public notice that the meeting was not so notified, and shall in that notice, -

• State the general nature of the business transacted at that meeting; and
• Give the reasons why that meeting was not so notified.

[s. 46(6) Local Government Official Information and Meetings Act 1987.]

3.2.8 This order cites section 46A of the Local Government Official Information and Meetings Act 1987:

Availability of agendas and reports

"46A. 1. Subject to subsections (6) to (10) of this section, any member of the public may, without payment of a fee, inspect, during normal office hours, within a period of at least two working days before every meeting all agendas and reports circulated to members and relating to that meeting.

2. Subject to subsections (6) to (10) of this section, the agendas -

1. Shall be available for inspection under subsection (1) of this section at the public offices of the local authority (including service delivery centres) and the public libraries under the authority's control; and
2. Shall be accompanied by either -

1. The associated reports; or
2. A notice specifying the places at which the associated reports may be inspected under subsection (1) of this section.

3. Subject to subsections (6) to (10) of this section, the associated reports shall be available for inspection under subsection (1) of this section at the public offices of the local authority.
4. Any member of the public may take notes from any agenda or report inspected by that member of the public under subsection (1) of this section.
5. Every member of the public who inspects an agenda or report made available under subsection (1) of this section and who requests a copy of any part of any such agenda or report and tenders the prescribed amount (if any) shall be given such a copy as soon as practicable.
6. Where a meeting is an extraordinary meeting called pursuant to a resolution of the local authority, the agenda and any associated reports shall be made available as soon as is reasonable in the circumstances.

Item not on agenda may be dealt with at meeting

7. Where an item is not on the agenda for a meeting, that item may be dealt with at that meeting if -

a. The local authority by resolution so decides; and

b. The presiding member explains at the meeting at a time when it is open to the public, -

i. The reason why the item is not on the agenda; and

ii. The reason why the discussion of the item cannot be delayed until a subsequent meeting.

Items not on the agenda may be discussed

8. Minor matters not on the agenda relating to the general business of the local authority may be discussed if the chairperson explains at the beginning of the meeting at a time when it is open to the public that the item will be discussed at that meeting, but no resolution, decision or recommendation may be made in respect of that item except to refer it to a subsequent meeting of the local authority for further discussion (see Standing Order 2.5).

Exclusion of reports with public excluded

9. The Chief Executive Officer may exclude from the reports made available under subsection (1) of this section, reports or items from reports that he or she reasonably expects the meeting to discuss with the public excluded.

10. The Chief Executive Officer shall indicate on each agenda the items that he or she reasonably expects the meeting to discuss with the public excluded.

Availability of agendas and reports for meetings of community boards

11. Where agendas and associated reports are for meetings of community boards, it shall be sufficient for the purposes of this section that they be available for public viewing at the main office of the local authority and those service delivery centres and public libraries, if any, under the control of the local authority situated within the community."

3.2.9 Order paper and agenda to be made available to public who are at meetings

The public shall be entitled without charge to copies of the order paper and agenda (including copies of any documents deemed part of the agenda) to be considered at that part of the meeting which is to be open to them. The part of the order paper which relates to the resolution or motion to exclude the public (see 3.3) shall also be available to the public. The necessary quantity of copies shall be made available (see 2.3.2 and 3.3.2).

[s.49 Local Government Official Information and Meetings Act 1987.]

3.2.10 Public entitled to inspect minutes

The public shall be entitled without charge to inspect, take notes from, or receive copies of, minutes of any meeting or part of any meeting from which the public was not excluded (see 2.12.1).

[s.51 Local Government Official Information and Meetings Act 1987.]

3.2.11 Requests for minutes of meetings in closed session

Where a member of the public makes a request for the minutes of a meeting or part thereof from which the public were excluded, that request shall be considered by the Chief Executive Officer as request for official information in terms of the Local Government Official Information and Meetings Act 1987.

[s.51 Local Government Official Information and Meetings Act 1987.]

3.2.12 List of committee members publicly available

Lists of members on each committee shall be available at the office of the Chief Executive Officer and at all meetings of the local authority at which members of the public are present.

3.3 Reasons to exclude public

3.3.1 Lawful reasons to exclude public

The council or a committee may by resolution exclude the public from the whole or any part of the proceedings of any meeting only on one or more of the grounds specified in section 48 of the Local Government Official Information and Meetings Act (see Appendix A).

[s. 48, LGOIMA]

Form of resolutions to exclude public

Any resolution to exclude the public must be in the form set out in Schedule 2A to the Local Government Official Information and Meetings Act 1987 and state the general subject of each matter to be considered while the public is excluded, the reason for passing that resolution in relation to that matter, and the grounds on which the resolution is based.

3.3.3 Motion to exclude public to be put with the public present

Every motion to exclude the public must be put at a time when the meeting is open to the public, and copies of the text of that motion must be available to any member of the public who is present. The resolution then forms part of the minutes of the meeting.

[s. 48(4), LGOIMA]

3.3.4 Provision for persons to remain after public excluded

A resolution in accordance with Standing Order 3.3.1 may provide for one or more specified persons to remain after the public has been excluded if those persons have, in the opinion of the council or committee, knowledge that will assist the deliberation. Any such resolution is required to state the knowledge possessed by those persons which will be of assistance in relation to the matter to be discussed and how it is relevant to the matter. No such resolution is necessary in respect of the attendance of the chief executive and relevant staff during a public excluded session.

[s. 48(5) & (6), LGOIMA]

3.3.5 Release of public excluded information

A local authority may provide for the release to the public of information, which has been considered during the public excluded part of a meeting.

3.4 Application of standing orders to public excluded session

3.4.1 These standing orders shall apply to meetings or parts of meetings from which the public has been excluded.

3.5 Use of public excluded information

3.5.1 Public excluded business not to be disclosed

Subject to the provisions of the Local Government Official Information and Meetings Act 1987, no member, officer or other person shall disclose to any person other than a member or officer, any information which has been presented to, or is to be presented to any meeting from which the public is properly excluded, or where it is proposed that the public be properly excluded, nor shall any discussion, deliberations or decisions be divulged following any such meeting except by way of release of information by the local authority.