Policies

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New Policy: April 2024

1.   Introduction

This policy sets out the procedure to ensure there is compliance with legislation and continuity of procedures in the co-option of members to Stubton Parish Council (SPC). The Co-option procedure is entirely managed by SPC and this policy will ensure that a fair and equitable process is carried out.

2.   Co-option

The Co-option of a Parish Councillor occurs when a casual vacancy has arisen on the Council and no poll (by- election) has been called.

A casual vacancy occurs when:

•   A councillor fails to make his declaration of acceptance of office at the proper time;
•   A councillor resigns;
•   A councillor dies;
•   A councillor becomes disqualified; or
•   A councillor fails for six (6) months to attend meetings of a council committee or sub committee or to attend as a representative of the Council a meeting of an outside body.

SPC has to notify the District Council of a Casual Vacancy and then advertise the vacancy and give electors the opportunity to request an election. This occurs when ten electors write to the District Council stating that an election is requested.

If a by-election is called, a polling station will be set up by the District Council and the people of the parish will be asked to go to the polls to vote for candidates who will have put themselves forward by way of a nomination paper. SPC will pay the costs of the election. The people of the parish have fourteen days (not including weekends, bank holidays and other notable days), to claim the by-election, but the electoral officer will advise the clerk of the closing date.

If more than one candidate is then nominated a by-election takes place but if only one candidate is put forward they are duly elected without a ballot.

If ten residents do not request a ballot within fourteen days of the vacancy notice being posted, as advised by the District Council, SPC is able to co-opt a volunteer.

3.   Confirmation of Co-option

On receipt, of written confirmation, from the Electoral Services Office from the District Council, the casual vacancy can be filled by means of Co-option, the Parish Clerk will:

•   Advertise the vacancy for four weeks on the Council notice boards and website
•   Advise SPC that the Co-option Policy has been instigated .

SPC is not obliged to fill any vacancy. Even if the Council invites applications for co-option, it is not obliged to select anyone from the candidates who apply.

However, it is not desirable that electors in SPC be left partially under-represented for a significant length of time. Neither does it contribute to effective and efficient working of the Council if there are insufficient councillors to share the workload; equitably; to provide a broad cross-section of skills and interests; or the achieve meeting quorums without difficulty.

Councillors elected by co-option are full members of PC.

4.   Eligibility of Candidates

SPC is able to consider any person to fill a vacancy provided that:

•   He/she is an elector for the parish; or
•   has resided in the parish for the past twelve months or rented/tenanted land or other premises in the parish; or
•   had his/her principal place of work in the parish; or
•   has lived within three miles (direct) of the parish.

There are certain disqualification's for election, of which the main are (see 5. 80 of the Local Government Act 1972):

•   holding a paid office under the local authority;
•   bankruptcy;
•   having been sentenced to a term of imprisonment (whether suspended or not) of not less than three months, without the option of a fine during the five years preceding the election;
•   being disqualified under any enactment relating to corrupt or illegal practices.

Candidates found to be offering inducements of any kind will be disqualified.

5.   Applications

Members may point out the vacancies and the process to any qualifying candidate(s).

Although there is no Statutory Requirement to do so, candidates will be requested to:

•   Submit information about themselves, by completing a short application form (Appnd A)
•   Confirm their eligibility for the position of Councillor within the statutory rules (Appnd B).

Following receipt of applications, the next suitable council meeting will have an agenda item 'To receive written applications for the office of Parish councillor and to Co-opt a candidate to fill the existing vacancy'.

Copies of the candidates applications will be circulated to all Councillors by the Clerk at least 3 clear days prior to the meeting of the full Council, when the Co-option will be considered. All such documents will be treated by the Clerk and all Councillors as Strictly Private and Confidential.

Candidates will be sent a full agenda of the meeting at which they are to be considered for appointment, together with a copy of the Code of Conduct, Standing Orders and Financial Regulations of SPC. Candidates will also be informed that they will be invited to speak about their application at the meeting. 

6.   Co-option Meeting

Notice of the intention to co-opt should be included in the agenda for the meeting of the Parish Council either beneath a dedicated heading or within ‘Councillor Vacancies or similar. Applicants may be invited to the meeting to introduce themselves and to provide Councillors with the opportunity to ask questions of them, or the Parish Council can decide to rely on the written submissions alone.

If applicants are not invited to speak at the co-option meeting they are welcome to but not required to, attend as members of the public.

There are no special reasons which justify excluding the public during a council meeting, (s.1(2) Public Bodies (Admission to Meetings) Act 1960) when it is making decisions about a matter of public interest such as co-option.

Co-option Voting Process

The person co-opted must receive a majority of the votes of those councillors present and voting at the meeting where the co-option is taking place. Where there are two or more applicants for one vacancy, this rule means that a person must get a majority of votes over all other applicants. Thus where applicant A receives four votes, and applicants B and C receive three votes and one vote respectfully, A is not elected because he/she has the same number of votes as B and C put together and does not have a majority over their combined votes. Where there are more than two applicants it is desirable to eliminate the applicant with the least number of votes, so that the final vote is between two applicants only.

After the Vote

i)   The Clark will notify the applicants of the results as so as practicable (unnecessary if they attend the meeting).

ii)   Successfully co-opted applicants become Councillors in their own right, with immediate effect having signed their Declaration of Acceptance of Office, and are no different from any other member. The term of office runs until the next quadrennial elections for the parish Council.

APPENDIX A

Application for Co-option

Thank you for your interest in becoming a Parish Councillor. Please provide the below information to assist the council in making their decision.

Your application also requires signatures of 2 registered electors (known as a Proposer and Seconder) from the parish area:

Please return your completed application to the Clerk to the Council. Your application will be considered at the next available Parish Council meeting, where a vote will be held to decide whether the council agrees to co-opt you in to Stubton Parish Council.

Data Protection Act: The information provided on this application will remain Private and Confidential.

APPENDIX B

Co-option Eligibility Form

Stubton Parish Council is duty bound to treat this information as Strictly Confidential

APPENDIX C

CO-OPTED COUNCILLOR PERSON SPECIFICATION