This guide is about consultation meetings. We use this term to describe meetings with the executive to discuss the things that matter. It is an important co-determination tool. The consultation meeting (together with letter writing) is the main way in which a co-determination council has contact with its executive on relevant files. Consultation meetings are easy to understand but have a lot of depth. In this guide, we’ll take you through it.
Co-determination bodies have a right to meetings with their executives. At these consultation meetings, you, as a co-determination member, have the opportunity to ask critical questions, monitor the executive and chase commitments. These meetings are the time to negotiate on advisory and consent-related issues and to introduce initiatives. So, these are very important moments to make your voice heard! Yet (preparing for) such a meeting can be complicated, and quite a bit of legislation is involved. On this page we will take a closer look at consultation meetings, the rights of co-determination and tips to get the most out of these important moments. We will first cover what the law has to say about consultation meetings, then walk through the process of consultation meetings from start to finish.
The Law:
The consultation meeting
The Higher Education and Research Act (WHW) regulates that a central and decentral council will have at least two consultation meetings with the executive annually. Furthermore, an extra consultation meeting can be requested with good reason by the executive, the council, or the student or employee section of the council (WHW art. 9.32 paragraph 1; WHW art. 10.19 paragraph 1). The central council is also granted two more consultation meetings to “discuss the proposed policy”. At these two meetings, the council determines the agenda (WHW art. 9.32 paragraph 2a; WHW art. 10.19 paragraph 2a).
The programme committee is also legally entitled to two consultation meetings with their executive. At these consultations, the programme committee determines the agenda. Although it is possible to request more consultations, the executive is not obliged to enter into additional consultation meetings (WHW art. 9.18 paragraph 5; WHW art. 10.3c paragraph 5).
At many institutions there are consultation meetings every six to ten weeks, although it varies enormously between institutions, and between the levels (central, decentral, programme level) within those institutions. Consultation meetings are aimed at discussing proposed policies and general affairs. At least those matters on which the council or committee has the right of advice or consent are discussed here; beyond that, both the executive and the council can put other matters on the agenda.
Commitments made by the executive at these meetings are binding, so make sure they are properly documented! Sometimes an audio recording of the meeting is even made. This can help you avoid misunderstandings, and it is also less stressful for the notetaker. Note: if a non-executive staff member makes a statement, this rule does not apply. So always have your executive confirm commitments made by their staff!
The enhanced right of initiative
The enhanced right of initiative (WHW art. 9.30a paragraph 5; WHW art. 10.16b paragraph 5) also works through two consultation meetings. Only central councils have this right, so they are the only ones who conduct these consultation meetings. At the consultation meetings for the enhanced right of initiative, the council determines the agenda, and it is often about the larger strategic themes. We have explained more about the enhanced right of initiative in the handbook on the six most important co-determination rights.
Preparing for a consultation meeting:
A consultation meeting usually lasts no more than two hours. That is valuable time! So, make sure you enter well prepared to get the most out of it. There are a number of things that are important to include in your preparation. We cover them in this order: creating an agenda, technical meetings, preparing documents, and argument plans.
Creating an agenda:
A sound agenda is the cornerstone of any productive (consultation) meeting. We have a whole separate page on (effective) meetings, which also covers agendas, we give useful tips there. It is very important that the co-determination body (at least) contributes to setting the agenda of the consultation meeting and you decide (some of) what will be discussed. When making an agenda for a consultation meeting, it is important to set priorities. You may have a very full agenda, and you may not have time to cover everything in full. In that case, you could choose to postpone some topics to a future meeting to leave enough time for the rest. Don’t be put off, however! Stalling or creating agenda pressure are well-known executive strategies for delaying progress on files. Tight chairing and good preparation also play a big role here.
Technical meetings:
At many institutions it is common practice to prepare topics for the consultation meetings in advance through technical meetings with policy staff. A great advantage is that this is enormously valuable in terms of building an understanding of the file and the executive’s position so far. It is a way to get policy staff on your side in advance and saves you a lot of time at consultation meetings. After such preparation, you can often already agree on a topic before the consultation meeting, and during the consultation meeting you only have to dot the i’s and cross the t’s and make sure that the relevant commitments are noted.
Technical meetings can also have a downside: they can be a way for the executive and/or policy staff to cut an initiative off early on, or to negotiate you into a corner. On rare occasions it can be useful to surprise your executive during a consultation meeting, which is an opportunity you may lose with technical meetings. But be aware that surprising an executive is often counterproductive. If an executive has not had time to consider a proposal or demand, and discuss it with their advisors and policy staff, they are more likely to say no (for now).
Preparing documents:
In preparation for consultation meetings, the co-determination body and the executive send documents back and forth. These documents can be official correspondence, explanations of files, proposals/initiatives, informative documents, etc. Make sure that you keep to the agreed deadlines for submitting these documents and communicate well if you fail to do so. Especially if it concerns a council initiative, it can be valuable to deliver these documents far in advance. Executives need time to review and consider the documents. As such, they are more likely to respond neutrally or negatively when time is short. Having to explain your views at length during the meeting can also cost valuable time. On the other hand, you also need time to read the documents the director sends and to form an opinion on them. Make clear agreements about this, and if necessary, indicate that you cannot yet discuss a certain document because it has not been sent in time.
Documents are usually sent as attachments to letters. Letters are also enormously important for handling files. We have a separate handbook that goes further into letters, and their relationship to the consultation meeting.
Argumentation plan:
A smooth consultation meeting is also very important. One way you can prepare is by designating a first and second speaker and making an argumentation plan per topic. It is also essential to set goals and breaking points in advance. For example, suppose you set a goal in advance that €50,000 must go toward a particular policy goal. You can then mutually agree that you would agree to an amount above €35,000, but you won’t agree if it falls below that. It is important here to look not only at your substantive arguments (and counterarguments), but also at form. With what emotion do you respond? And when do you choose to interrupt your executive?
During and after a consultation meeting:
You’ve prepared for the consultation meeting, the agenda has been strategically laid out and set with the executive, the right people have been invited, you’ve had technical deliberations and set up argumentation plans. Now it’s time to begin.
The chair opens the meeting, and you get started. What do you take into account? And how do you improve your chances? And what do you do after the meeting?
Interaction
• First, it is important to exude consideration and care. Consider coming in neat(er) clothes. Stay focused on the topic during the meeting and avoid side conversations (consider putting away all laptops, for example).
• Stay calm, friendly and articulate, but don’t be afraid to speak up.
• Know that the moments just before and just after the consultation meeting are also important moments to work on the relationship with your executive. Try to engage in small talk or discuss minor issues informally!
Think about the minutes!
• Be aware that ultimately it is the minutes of the meeting that will count. So always write it down when commitments are made, deadlines are mentioned, etc. We call this writing ‘shadow minutes’.
• As a co-determination body, you are entitled to official support (WHW art. 9.48 paragraph 1; WHW art. 10.39 paragraph 1). This means, among other things, that you are entitled to a minute-taker, who will take minutes on your behalf.
• Make sure that commitments, provided information, deadlines, etc. are mentioned and specified so that it is easier to hold the director to them in the future. For example, if a promise is made to improve facilities. Always ask for clarification on which facilities, what the improvement will look like in concrete terms and when it will happen (and then ask for a date if something like “in the autumn” is mentioned).
• Always have your executive confirm commitments made by policy staff. Technically, only then are they binding.
Setting goals
• Keep your end goal in mind at all times and try to work toward it. Progress on a file does not always have to be a commitment. Negotiations, setting response deadlines, setting priorities for an executive, etc. can also be of value. Keep a record of these too!
New information
• Also be aware that the council may need to reconsider their position if new information comes to light. It is always possible to temporarily suspend the meeting and ask the executive to leave the room until the council reaches a new decision.
• Stay alert, and don’t be afraid to ask clarifying questions if something happens very quickly. Also, if an executive gives an update at the beginning of the meeting, or makes an announcement that surprises you, feel free to spend time on it!
Concluding agenda topics.
• Conclude each topic with a brief summary of what was discussed, the commitments made and the action items resulting from the discussion – this is usually done by the chair of the meeting. Where possible, give these action items a deadline and make it clear who is going to work on them. During such a summary, an executive may back out of an earlier promise or indicate that they made a mistake. If necessary, do not be afraid to reopen the agenda item. You have clearly not finished your discussion.
Closing files
• You may agree with your executive on a topic for which you have the right of consent or advice during a consultation meeting. Make sure that agreements and commitments are documented. But preserve your right to give consent/advice with a letter after the meeting. With a letter you can think carefully about the exact wording and avoid ambiguity in the communication. We have a guide on writing letters that describes this in more detail.
After the meeting you continue your work. You check the draft minutes and work on action points. It is very important that the draft minutes contain all commitments, information and deadlines. So always check these carefully! Furthermore, it is very important to celebrate and follow up on your wins: for example, ask at the next consultation meeting how the progress is going.
Finally: preparation for the next consultation meeting starts immediately. Plan technical meetings again, meet with your council and make sure that the unfinished files are discussed again at the next consultation meeting!