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					                                                                    APPENDIX 1
                                 ALG AGM


                              _______________

                                OPINION
                              _______________


INTRODUCTION



1.      I am instructed to advise the Association of London Government (“the

ALG”), a non statutory body. The ALG has Standing Orders (“the SOs”). The

SOs provide for the ALG to have an Annual General Meeting (“AGM”) in July

of each year.



2.      The business of the AGM includes to appoint from the Leaders of the

London local authorities (“the LLAs”) the Chair, Deputy Chair and three Vice

Chairs of ALG (“the Elected Officers”). Each LLA appoints its Leader as its

representative to the ALG. There is provision for deputy representatives.



ELECTED OFFICERS



3.      SO 2.10 relates to the Elected Officers. The overall balance “shall be

such as to ensure proportional representation of party political groupings on the

ALG”.
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4.     There is no provision for continuation in office until successors are

appointed. Nor is any term of office or circumstance of retirement prescribed.



5.     The size of party political groupings may however change, even

dramatically so.    This is especially likely to happen when there are local

government elections in London.



6.     Such elections, in years when they occur, happen in early May. The

LLAs have Annual Meetings in late May. It is no doubt with this in mind that

the ALG’s AGM is in July.



7.     I am asked whether the Elected Officers continue to hold office, in an

election year, between the May elections and the ALG AGM in July. It is

necessary to consider the position in the context of the SOs as a whole.



8.     SO 19 relates to urgency. It enables business to proceed whether or not

there are Elected Officers in office.



9.     SO 19.1 sets out a process in the event of urgency. The Chief Executive

(“CEO”) of the ALG can consult the Elected Officers. However, this process

entails that at least one of the Elected Officers “will be from a minority party”.

What does this mean in a situation of a change of political control at elections,

when the roles of majority and minority have been reversed?
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10.     SO 19.2 contemplates that the provisions of SO 19.1 may be “inoperable

following local government elections”. Then the CEO is authorised to take

“executive action”, having consulted “as appropriate”.



11.     In my opinion, when local government elections change which is the

majority party, and proportional representation of party political groupings is

no longer ensured in relation to the overall balance of Elected Officers, the

Elected Officers do not continue to hold office for the purpose of SO 19.1, the

provisions of SO 19.1 are inoperable, and SO 19.2 is applicable. I conclude

that it is not possible to hold a meeting of the Elected Officers under Standing

Order 19.1 before the AGM, scheduled for 3 July 2006, as distinct from the

Executive Officers being consulted by the Chief Executive pursuant to SO

19.2.



THE CHAIR



12.     The outgoing Chair will, however, in my opinion, occupy the Chair at

the commencement of the AGM. In the event of a Motion of no confidence in

the Chair, he will, in my opinion, have a casting vote. See R v Bradford City

MBC, ex p Corris [1990] 2 QB 363 and R v Bradford City MBC, ex p Wilson

[1990] 2 QB 375.
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NO CONFIDENCE MOTION



13.    It will, in my opinion, be open to a member, when the Chair opens the

AGM, to move a Motion under SO 10 to change the order of business in the

Agenda so as to take before any other business a Motion of No Confidence in

the Chair submitted under SO 9. However, the Motion of No Confidence must

be:-



          (1)    Signed by at least 5 members; and

          (2)    Delivered to the CEO not later than 10 clear days before the

                 date of the AGM.



14.    I do not consider that the Motion will be “signed” if there is no physical

document but only electronic communication.



15.    I shall be happy to advise further as required.




11 King’s Bench Walk                                     JAMES GOUDIE QC
Temple EC4Y 7EQ                                          16 June 2006

goudie@11kbw.com
               ALG AGM




_________________________________________

              OPIN ION
_________________________________________




             Loretta Jennings
             City of London

                Gifty Edila
             Royal Borough of
           Kensington & Chelsea

				
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