Agenda item 12/27/6/11
HONITON TOWN COUNCIL
Policy Committee
Briefing Paper : Electronic Agendas and Papers
In March 2009 the Town Council agreed to pilot a scheme to introduce the sending of Council agendas and other papers by electronic means. Three Councillors participated and in addition electronic agendas have been sent to the press and to Ward Members.
The rationale behind needing approval to send papers electronically is that town and parish councils are governed by the Local Government Act which was written prior to electronic communication and which specifically instructs that the summons must be signed by the appropriate officer and must be sent by first class post, allowing three clear days before the meeting.
The following advice was received from NALC at the end of 2009
As the legislation specifies that the summons must be signed by the appropriate officer this would arguably not be possible via email because, at best, a mere copy of the summons with an electronic signature would be received by the Member. An emailed summons could be sent by anyone who has access to the officer’s computer or who had the means to intercept the transmission or produce a fake email. Emailed summonses are potentially more difficult to authenticate. The validity of the meeting would not be affected for want of the prescribed method of service of the summons on a Member but service of a summons by email alone and without ratification by the Council of this method of service does create a risk of legal challenge to the validity of the meeting.
NALC suggested that if the Town Council has passed a resolution for the service of summons and agendas and supporting documents by email it should also ensure that the standing orders confirm this arrangement. It was however still of the opinion that councils need to be aware of the risk of legal challenge, even though this may be slight. It believed that before long the position of electronic serving of notice of meetings will be clarified in law but that is still not currently the position.
I have discontinued the sending of electronic papers with the creation of the new Council but a decision now needs to be made as to how the Council wishes to proceed. If Members wish to continue the sending of papers by email, standing orders will need to be amended to reflect this decision and the Council would take this action fully understanding the inherent (though probably slight) risk of legal challenge. Alternatively the Council may wish to wait until the situation is resolved nationally.
Lyn Hargood
Town Clerk
1 June 2011
This report may contain the recommendations of an Officer or Member of the Council but these are subject to the final decision of the Town Council at its meeting