Precedent: another council has determined that attending a meeting of which the councillor is not a member does not reset the six-month clock (email to the Clerk, 23rd August 2025)

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Revision as of 16:14, 13 September 2025 by Gjw5er (talk | contribs) (Created page with "category:The Second Case of an Absent Councillor {{email-hdr| <!--- From ---> Gavin Wilson <⬛⬛⬛⬛⬛⬛@⬛⬛⬛.com> | <!--- To ---> Parish Clerk <clerk@claygateparishcouncil.gov.uk> | <!--- Date ---> 23 Aug 2025 | <!--- Time ---> 18:19 | <!--- Subject ---> Re: When was Cllr Moon appointed to the Planning Committee? | I'm sorry to press this matter, but it is not resolved just because the Parish Council says it wants to draw a line at this point. I d...")
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From: Gavin Wilson <⬛⬛⬛⬛⬛⬛@⬛⬛⬛.com>
To: Parish Clerk <clerk@claygateparishcouncil.gov.uk>
Date: 23 Aug 2025 Time: 18:19
subject: Re: When was Cllr Moon appointed to the Planning Committee?

I'm sorry to press this matter, but it is not resolved just because the Parish Council says it wants to draw a line at this point. I don't know what advice has been taken on this matter, but I have not yet read anyone saying 'leading counsel states that...'.

There is a legal precedent for pretty much the view I take on this. A correspondent has written to me:

'Many years ago when I was a clerk, a councillor argued the same point that attending any meeting when she felt she was acting as a councillor would reset the six-month rule, said councillor having not attended any meeting of the council for six months. The issue was referred to the Unitary Authority Elections Office and their legal advice said that unless the councillor had been appointed to the committee or was attending the meeting at the specific request of the council, she was attending purely as a member of the public, and not as a councillor, so attendance did not reset the six-month rule.'

I think this matter needs urgent investigation, given that the question of whether Cllr Moon has been automatically disqualified will affect whether future quorums have been achieved and which way each vote has gone.