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Chris
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PostPosted: Wed Sep 09, 2009 9:59 pm    Post subject: Can they do this? Reply with quote

Hi,

My Parish Council are looking to remove the Public Forum from it's monthly meeting. Is this something that they can do as surely this is the only way that Parishioners can have some voice? Mad

I look forward to your comments, thoughts on this.
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Mike Goss
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PostPosted: Wed Dec 09, 2009 1:25 pm    Post subject: Reply with quote

They surely can, though, in my view, it would be unwise.

Why do they want to prevent the public speaking?
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Chris
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PostPosted: Wed Dec 09, 2009 7:23 pm    Post subject: Reply with quote

Hi Mike,

Unfortunately our PC are anything but that, they do not listen to the Parishioners points of views on any issues and are extremely arrogant in the way that they carry out anything within the village. The meetings are a joke, councillors do not declare personal or prejudicial interests in agenda items where appropriate and a majority of the councillors just sit there not taking part in debates or questioning anything whilst being led by a couple of "stalwarts" and the clerk. Sad

They do not want a public forum as we are starting to ask leading questions into the way that the council conducts itself within the village and also the way the meetings are run which go against there own standing orders. Mad

Where can we go from here who can we complain to as the clerk is not impartial and he appears to be the "stalwarts" stooge
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Mike Goss
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PostPosted: Wed Dec 09, 2009 11:03 pm    Post subject: Reply with quote

Quote:
Where can we go from here who can we complain to as the clerk is not impartial and he appears to be the "stalwarts" stooge


If you have a complaint about the way your Parish Council conducts itself then you can go to the local Association of Local Councils, here in Sussex it's called SALC - Sussex Association of Local Councils, there will be the equivalent where you are.

Before you do so, have you tried writing to the council with a formal complaint. They will be obliged to discuss it if you do.
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Gavin
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PostPosted: Sat Dec 12, 2009 3:02 pm    Post subject: Public Reply with quote

Chris,

Please read my reply on another thread, which almost mirrors your problems:

http://forum.parishcouncil.net/viewtopic.php?p=1009#1009

Essentially, a PC can abolish the Public Forum, but they CANNOT exclude the public (and press) from ANY meeting (including committees and sub-committees) except for specific items of business and ONLY if agreed by resolution.

Regards

Gavin
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Chris
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PostPosted: Wed Dec 16, 2009 9:47 pm    Post subject: Re: Public Reply with quote

Gavin wrote:
Chris,

Essentially, a PC can abolish the Public Forum, but they CANNOT exclude the public (and press) from ANY meeting (including committees and sub-committees) except for specific items of business and ONLY if agreed by resolution.

Regards

Gavin


Hi Gavin,

Many thanks for your reply, on a similar note can my Parish Council exclude members of the public from a meeting to discuss their Planning Appeal which we have managed to get conditions attached (as the development affects us) and if so do they need to agree by resolution before the meeting goes ahead, If so when should this resolution have been made?

Regards

Chris
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Gavin
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PostPosted: Wed Dec 16, 2009 11:43 pm    Post subject: Reply with quote

Hi Chris

First a quick bit about communication with your PC. Notices, orders and documents, other than those used in court proceedings, required to be sent, delivered or served upon a local council, its clerk or chairman must be left at or sent by post, addressed to the council at its office. For a parish meeting they go to the Chairman. Refer Local Government Act 1972, s 231, or 'Local Council Administration’ (8th Ed) p.217, item 21.26, Service of Documents.

What I'm getting at here is if your PC is picky or wants to stall, they can legitimately IGNORE any email correspondence or verbal request.

Now to your question specifically: A PC could treat the following types of discussion of business as confidential:
-Terms of tenders, and proposals and counter proposals in negotiations for contracts (generally for PC empowered works rather than personal planning apps, although business planning apps may conflict)
-Preparation of cases in legal disputes
-and, but not exclusively, where this may be the early stages of any dispute

These conditions could easily be called upon to justify exclusion when considering planning applications, as well as conflict of interest if a councillor has any significant involvement with the application - although s/he should declare this beforehand and be absent from the discussion. It really depends upon the attitude of your PC, and it helps if you are able to develop a good working relationship with them, particularly if this is a complicated matter.

When would they pass a resolution to exclude? Unless a PC's Standing Orders specifically state all planning app discussions exclude the press and public (pretty much unheard of, and highly questionable if so), then a resolution could be passed immediately prior to the matter being discussed. With good preparation, a PC would announce at the outset of the meeting that a particular subject will be discussed in private, thus ensuring the public are fully aware beforehand, rather than having it suddenly revealed.

Be aware that a lot of planning matters are frequently dealt with by planning committees who will hold planning meetings outside of the regular PC meetings. These should still be published, with agenda, with at least three clear days notice beforehand.

So if you're still reading this and haven't lost the will to live (yet), my advice is to have a chat with one of the PLANNING COMMITTEE members to get their impressions first, and then WRITE EARLY (at least 7 days before the meeting) to the Chairman stating you would either be available at the meeting to discuss or answer for the matter, or you would like to make a representation regarding their app, first. Any presentation you make MUST be completed within 3 minutes. The Chair should stop anyone going on longer than that for an opening report. They cannot ignore your request, so be specific.

Phew! 'nuff said. Bet you thought it would be a straightforward answer!

Good luck, Chris.

Regards

Gavin
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Chris
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PostPosted: Fri Jan 08, 2010 7:19 pm    Post subject: Reply with quote

Hi Gavin,

Thanks for the reply, yes our PC are extremely good at ignoring e-mails etc, they even denied having received correspondence from one parishioner when it was sent recorded and signed for by the clerk. Even when the proof was shown to the clerk and chairman at the meeting they still denied receiving it, thats what we are faced with.

We have tried to build up a working relationship with the PC but are met with a brick wall and the response WE are the PC WE do what WE want

How on earth do we deal with such unprofessional conduct from those who are there to look after our interests when all they appear to do is look after their own. Mad

Chris
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refinedline
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PostPosted: Tue Nov 09, 2010 9:45 pm    Post subject: Reply with quote

Chris wrote:
Hi Mike,

The meetings are a joke, councillors do not declare personal or prejudicial interests in agenda items where appropriate


Report them to the Standards Committee - they must declare interests, and anyone can report them if they don't!
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