Policies

Co-option Policy and Procedure - April 2024

WILLINGHAM BY STOW PARISH COUNCIL

Co-option Policy and Procedure 

There are two types of vacancies:

Casual

This occurs during the four year term when a Councillor resigns, dies or becomes disqualified.

S87(2) of the Local Government Act 1972 requires a local authority (Parish Council) to give public notice of casual vacancies to ensure transparency and attract more candidates.

The process of giving ten electors the opportunity to call a by-election is only relevant for casual vacancies, not ordinary vacancies.

Ordinary

This occurs as a result of insufficient nominations for the seats available at the time of election. Any such vacancy/vacancies should be advertised within 35 days of the election or later if still unfilled.

In these circumstances a person can be co-opted to fill a vacancy/vacancies at the discretion of the local authority (Parish Council).

The eligibility and disqualification criteria required of an applicant for either an ordinary or casual vacancy are the same in accordance with S79 and disqualification criteria Ss.80-81 of the Local Government Act 1972.

The Co-option Process for Ordinary and Casual Vacancies

(For casual vacancies this process will apply when a by-election has been advertised but not claimed)

There are no statutory arrangements in place to co-opt to fill a vacancy and therefore the Parish Council has decided to adopt the following process in order to be fully transparent and ensure all applicants can be considered which meet statutory eligibility criteria and able to offer suitable skills, knowledge, experience and motivation to fulfil the role of Parish Councillor.

 

Where a vacancy/vacancies occur the following will apply:

  1. The vacancy/vacancies notice will be advertised as follows:
  • On the Parish Council notice board.
  • On the Parish Council website.
  • On Parish Council Facebook page or similar social media (where available).
  1. The notice will have a closing date of 21 days for receiving applications.
  2. If no applications are received the notice will be advertised again with a new 21 days closing date.
  3. This will continue until such time as an application/applications are received.
  4. When an application/applications are received by the closing date the following will apply:
  • Each applicant will be provided with a copy of this Standing Order procedure.
  • Each applicant will be invited to complete a Legal Declaration of Qualification to hold Public Office as a Local Councillor (as shown in Appendix B).
  • Each applicant will be invited to provide complete an Application Form to include the reasons for interest in being a Parish Councillor and what attributes they have to offer for the benefit of the community. Appendix A template can be provided by the Parish Clerk to assist with this.
  1. If items (ii) and (iii) are not completed by an applicant then they will not be considered for the vacancy/vacancies.
  2. The Parish Clerk will circulate details of the application/applications to all the other Councillors prior to the next Parish Council meeting.  These are strictly private and confidential and should be handled carefully at all times.
  3. There will be a separate item on the Parish Council meeting Agenda to deal with the application/applications for Co-options.
  4. Each applicant will be invited to attend the Parish Council meeting to present themselves to the Parish Council and to allow the Councillors present to ask them questions in the open meeting.
  5. If an applicant does not present themselves to the Parish Council meeting and they cannot provide a valid reason for not attending then they will not be considered for the vacancy/vacancies at that meeting.
  6. If thought necessary the Parish Council will resolve to exclude members of the press and public including the candidates under the Local Government Act Schedule 12A and the Public Bodies (Admissions to Meetings) Act 1960 to enable it to discuss the merits or otherwise of the applicants. 
  7. The Parish Council meeting will then re-convene as an open meeting and a vote will take place for applicant(s) for each vacant seat so the successful candidate must have a majority to be elected.  Each applicant must have a proposer and a seconder. An absolute majority vote is required for each candidate from all members present and entitled to vote. If there are more than two candidates for one vacancy and no one of them at the first count receives a majority, the candidate with the least number of votes will be eliminated and the remainder must be put to the vote again until an absolute majority is obtained (LGA 1972 Sch. 12. Para 39). One person will be chosen for each vacancy. No proxy votes are allowed. The Chair may exercise their casting vote if there is an equality of votes (see voting method example in Appendix C).
  8. The Chairman will declare the result.
  9. The result will be recorded in the Minutes of the Parish Council meeting.
  10. The Parish Clerk will notify all Parish Council Councillors of the voting count and the result of the selection process as soon as possible afterwards.
  11. No feedback will be given to any applicant in respect of the Parish Council discussions that took place in the closed part of the meeting unless agreed by the Parish Council.
  12. The successful applicant/applicants will be provided with the following:
    • A copy of the Parish Council’s Standing Orders.
    • A copy of the Parish Council’s Financial Regulations.
    • A copy of the Parish Council’s Code of Conduct.
    • A copy of the Good Councillors Guide.
  13. The successful applicant/applicants will comply with the following:
    • To sign a Declaration of Acceptance of office form.
    • To complete a Declaration of Interests form and submit this to the Parish Clerk who will submit it to the Monitoring Officer at East Lindsey District Council within 28 days.
  14. The successful applicant/applicants will be encouraged to undertake training courses paid for by the Parish Council and provided by Lincolnshire Association of Local Councils (LALC).
  15. If for any reason an applicant/applicants are not selected then the vacancy/vacancies will be re-advertised in accordance with this procedure.

 

Please contact the clerk for an application form.

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix A – Co-option Application Form

 

Application for Co-option

Full name and title

 

About you

In the box below tell us a little about your background, skills and experience that might be useful if you join the parish council.

 

 

 

 

 

 

 

 

 

 

 

Reasons for applying

Please explain here your reasons why you want to be a member of the Willingham by Stow Parish Council

 

 

Signature

 

Date

 

 

Return this form to the Parish Clerk once you have completed it.

willingham.pc.clerk@gmail.com

 

 

 

Appendix B – Eligibility and Disqualification Criteria

Eligibility to be a Parish Councillor

Full name and Title

 

 

Home address

 

Home telephone

 

Mobile telephone

 

Email address

 

It is a condition of being a Parish Councillor that your name will be made public via notice boards and the parish council website.  You may need to disclose your phone and email address to deal with parish council matters.  Do you agree to this?                                                             Yes   /   No

 

Are you a British, Commonwealth or other European Union Citizen and not require leave to enter or remain in the United Kingdom or have indefinite leave to remain?                                                  Yes   /   No 

 

Are you aged over 18?                                                                                                     Yes   /   No

 

To qualify you must be able to answer ‘Yes’ to at least one of the questions below

a) Are you on the electoral register for Willingham by Stow Parish Council?                      Yes   /   No

b) Have you lived either in parish of Willingham or within 3 miles

of its boundary, for at least a year?                                                                                     Yes   /   No

c)  Have you been the owner or tenant of land in Willingham parish for at

least a year?                                                                                                                        Yes   /   No

d) Have you had your only or main place of work in parish of Willingham

for at least a year?                                                                                                                Yes   /   No

 

You must be able to answer ‘No’ to all the questions below to be eligible to serve as a councillor.
  1. Are you the subject of a bankruptcy restrictions order or interim order?             Yes    /   No
  2. Have you within the last five years been convicted of an offence in the UK, 

the Channel Islands or Isle of Man and has been sentenced (whether

suspended or not) to imprisonment for three months or more without the

option of a fine?                                                                                          Yes   /   No

  1. Are you disqualified by order of a court from being a member of a

local authority?Yes/No

  1. Employed by Willingham by Stow Parish Council, a joint committee or holds                                          a paid office?                                                                                                                 Yes  /    No
  2. Subject to the notification requirements of the Sexual Offences act 2003

or Sexual Risk Orders?                                                                             Yes   /   No

 

 

Signature

 

 

Date

 

 

When completed return this form to the Clerk to Willingham by Stow Parish Council.

willingham.pc.clerk@gmail.com

 

 

 

Appendix C – Voting Method example

EXAMPLE OF VOTING PROCESS

          

16 councillors voting

            
             

Name:

Round 1

  

Round 2

  

Round 3

  
 

No of Votes

          
             

Candidate 1

7

  

7

  

10

  

Candidate 2

3

  

5

  

3

  

Candidate 3

2

  

2

  

2

  

Candidate 4

2

  

1

  

1

  

Candidate 5

1

  

1

  

eliminated

  

Candidate 6

0

  

eliminated

  

eliminated

  
             
 

Candidate

  

Chair has casting

  

Candidate 1

  
 

6 eliminated

  

vote between 4 & 5

  

gets the seat

  
     

Chooses 4 so 5

  

because 10 votes

  
     

is eliminated

  

is more than the

  
         

sum of other 3

  
             
             

Of course, 1 candidate may get a majority i.e. 9 or more in round 1

      

 

 

 

 

Approved April 2024