Issue - meetings

To consider a report confirming the legal definition of “Clear Working Days” for the purpose of use, as appropriate, in conjunction with timescales and deadlines in the Constitution.

The Committee considered a report providing a legal definition of ‘clear working days’ for use in conjunction with various timescales and deadlines referred to in the Constitution.

At the December meeting of Council, following a request from a Member, the Mayor had stated that every Member would receive a written explanation of the phrase ‘clear working days’. The Monitoring Officer subsequently circulated an email to all Members which confirmed the position as follows:

“Council Procedure Rule 11 requires Members to give three clear working days’ notice in writing to the Monitoring Officer of questions for Council. This requires three complete periods of 24 hours (excluding weekends and Bank Holidays) to have elapsed excluding the day the notice is received and the day on which the meeting is held. This follows the ruling in R v Hereford Justices 1820 approved in R v Swansea City Council ex parte Elitestone Limited 1993.”

This advice, whilst helpful in stating the position in respect of Questions at Council, also assisted in respect of other deadlines in the Constitution where clear working days were mentioned.

RESOLVED

That

(1)   the Committee reaffirms the advice given by the Monitoring Officer to Members that a clear working day is defined as a complete period of 24 hours (excluding weekends and bank holidays), beginning and ending at midnight; and

(2)   the Monitoring Officer be asked to use his delegated authority to reaffirm the position in the Constitution.