As of today, the video minutes of Plenary Sessions cannot be sent to the Government Department of the Generalitat or the General Administration of the State (AGE). The AOC is working together with the Generalitat so that it is soon possible to send the minutes of the plenary agreements supplemented, if necessary, with a link to the multimedia document of the plenary debate.

The twenty-first additional provision of Law 40/2015, of October 1, on the legal regime of the public sector (LRJSP) clearly establishes that the provisions provided for in this Law relating to collegiate bodies are not applicable to collegiate bodies of Government.

On the other hand, the regulations in force in this matter, although it contemplates the use of mechanical means for the transcription of acts, still stipulates that the preparation of the books must be done using numbered paper of the Autonomous Community (arts. 198 and 199 of Royal Decree 2568/1986, of November 28, which approves the Regulation of organization, operation and legal regime of local Entities - ROF). But this regulation of 1986 is not adapted to the implementation of the electronic administrative procedure.

For this reason, the majority doctrine considers that the validity of this regulation is not an obstacle to contemplate the hybrid operation of the preparation of the minutes, since it is not logical to oblige the entire file to be processed in electronic format and, in the phase final, consider only the printing, heading and binding of this documentation.

Therefore, it is possible that the convening of the session, the notifications, the formation of the file, the access to the information, the issuance of certifications and the possibility of making video acts as contained in art. 18 of the LRJSP, are carried out by electronic means.

Specifically, with regard to video minutes, a good practice until the regulation is more harmonized, would be to regulate its implementation by Plenary Agreement with respect to interventions, but continuing to maintain the conventional minutes where only the agreements taken would be collected.

Legal context

Law 40/2015:

Article 18. Proceedings

"1. For each session held by the collegiate body, the secretary must draw up minutes, which must necessarily specify the attendees, the agenda of the meeting, the circumstances of the place and time in which has been held, the main points of the deliberations, as well as the content of the agreements adopted.

The sessions held by the collegiate body can be recorded. The file resulting from the recording, together with the certification issued by the secretary of its authenticity and integrity, and all the documents in electronic support that are used as documents of the session, can accompany the minutes of the sessions, without the need to record the main points of the deliberations.

2. The minutes of each session can be approved at the same meeting or at the next one. The secretary must draw up the minutes with the approval of the president and must send them by electronic means to the members of the collegiate body, who can express by the same means their agreement or objections to the text, for the purposes to approve it; if so, it is considered approved at the same meeting.

When you have opted for the recording of the sessions held or for the use of documents in electronic support, they must be preserved in such a way as to guarantee the integrity and authenticity of the corresponding electronic files and access to them by of the members of the collegiate body."
Additional provision twenty-one. Collegiate bodies of government.
"The provisions provided for in this Law relating to collegiate bodies are not applicable to the collegiate bodies of the Government of the nation, the collegiate governing bodies of the autonomous communities and the collegiate governing bodies of local entities ."
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