Explanatory Annex
GUIDANCE NOTE RE AUTHORITY AND WORKING GROUP MINUTES
1. Authority Minutes
· At each meeting of the Authority, the minutes of the Authority’s previous meeting shall be signed by the Chair (or in his absence, the Deputy Chair), provided he is satisfied as to their accuracy.
2. Minutes of Appointed Members, Audit and Governance Committee and Staffing Working Group
. The above committees have authority to take decisions within their terms of reference that can be acted upon without ratification by the Authority.
· The minutes of both the Audit and Governance Committee and the Staffing Standing Group are taken to the next meeting of the Authority for information. Approval to and signing of the minutes takes place at the next Working Group meeting.
· The Appointed Members are actually acting on behalf of the Authority thus their minutes are never separately signed but form part of the Authority’s minutes of the meeting they are reported to.
· At the Authority meeting, Members can ask questions arising from these minutes but cannot amend any decisions. In order to amend a decision the procedure is set out in 4 below.
3. Minutes of all other Working Groups
· The role of other Working Groups is to consider reports and make recommendations to the Authority within the scope of their Terms of Reference. They have no power to take decisions and until the Authority’s approval is obtained their recommendations cannot be acted upon.
· Minutes of Working Groups are taken to the next meeting of the Authority in order to obtain such approval. Approval to and signing of the minutes takes place at the next meeting of the Working Group.
· The purpose of taking the minutes of working groups to the Authority is to inform all Members of the activities of the Authority and the decisions being taken on their behalf. It is appropriate for:-
- The Chair to present the minutes and highlight any matter he/she wishes to bring to the attention of other Members.
- Any Member to seek and obtain clarification of any item contained in the minutes
- A brief discussion to be held on any minute. It is recognised that clarification can lead to a brief discussion but the extent of the discussion will be limited since Members cannot have a full discussion without the full facts being before them.
4. Amendment of decisions of a Working Group
· In general, working groups have delegated authority to shape and advise on policy decisions except in those areas specifically restricted by standing orders (eg finance matters).
· If any Member, at a meeting of the full Authority, is unhappy about any decision taken by a working group or any matter appearing in their minutes he/she is entitled to ask for:-
- the matter to be reconsidered by the working group or
- to request that a full report be brought to the next meeting of the Authority so that a full debate can be held.
5. Reasons for restricting debates on minutes
· The working groups have been set up to ensure Members become more closely involved with various policy elements and the workings of the Authority and Metro. It therefore allows Members to develop expertise in various areas and it is inappropriate, and will waste Members time, to become involved in the detail of all decisions.
· Where a contentious matter arises in working group minutes it is entirely appropriate for Members to consider it. However, the working group decision will have been taken in the context of a full debate and with a report and full information available to the Members concerned.
· It is not appropriate to reconsider the matter without a report and full information available to all Members and to do so would leave the Authority open to challenge by auditors, the electorate of West Yorkshire and others that any subsequent decision was either ill informed, biased or otherwise unfair.
· There is a method of changing/challenging working group decisions and this is set out in paragraph 4 above.