The calling of a special council meeting - how are you doing it?

LG Leader June 2018

At such a busy time for councils with the adoption of the draft annual business plan, budget and declaration of rates, together with various annual reviews of policies and council documents, it is imperative that any special meeting that is needed is called appropriately.

Section 82 of the Local Government Act 1999 is clear on the limited grounds that allows a request to be made and the calling of a special council meeting. The calling of a special meeting can only be made by the Chief Executive Officer after he or she receives a request from:

• the principal member of the council; or
• at least three members of the council; or
• a council committee at which at least three members of the council vote in favour of making of the request.

This means it is not permissible for the Chief Executive Officer or any other council officer to call a special meeting without the receipt of a request, set out above.

In making a request for a special council meeting, the Chief Executive Officer must be provided with an agenda for the special meeting at the time the request is made and, if an agenda is not provided, then the request has no effect.

This means the provision of an agenda is critical to ensure the request to hold a special meeting is valid and, the meeting itself, is also a valid meeting. If this process is not followed the validity of the meeting and any decisions made at the meeting could be placed in doubt.

Be aware a different provision section 87(5) of the Local Government Act 1999 prescribes how a special meeting of a council committee is called.

For more information please contact Natasha Jones on (08) 8113 7102 or at njones@kelledyjones.com.au.