Policies and Procedures

DOCUMENT CONTROL: 

Rev 1.1 Adopted without changes. Effective May 2023

Rev 1.2 Amended Para 5. Voting Process. Effective February 2024

Hemswell Parish Council

COUNCIL MEMBER CO-OPTION POLICY

Introduction

1.    Co-Option

2.    Confirmation of Co-Option

3.    Eligibility of Candidates

4.    Applications

5.    At the Co-Option Meeting

6.    Elected Councillors (Co-Option)

Appendices

Introduction

This policy sets out the means to ensure compliance with legislation (LGA 1972. S.79) and continuity of procedures in the co-option of members to Hemswell Parish Council and Burial Authority (the ‘Parish Council ’).The Co-option procedure is entirely managed by the Parish Council, and adherence to the application procedures (Appendices A and B) set out in this policy will ensure a fair and equitable co-option of members. The co-option policy will be reviewed annually.

Whenever the need for co-option arises, the Parish Council will seek and encourage applications from those who meet the qualifying criteria (Appendix C) and are eligible to stand as a councillor.

Councillors can legally approach individuals to suggest they may wish to apply.

All vacancies will be advertised on the Parish Council noticeboard and/or website. The advertisement to co-opt will include:

• The method by which applications can be made.
• The closing date for all applications.
• A contact point to obtain more information.

1. Co-Option

The co-option of a parish councillor occurs when a casual vacancy has arisen on the Parish Council and no by-election has been called. A casual vacancy occurs when:

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

The Parish Council must notify West Lindsey District Council (WLDC) of a Casual Vacancy, advertise the vacancy and allow electors to request an election. This occurs when ten or more electors write to WLDC stating that an election is requested.

If a by-election is called, a polling station will be set up by WLDC, and the electors will be asked to vote for candidates who must have put themselves forward by way of nomination paper. The Parish Council will pay the costs of the election. The electors have fourteen (14) days (not including weekends, bank holidays and other notable days) to claim the by-election. The Electoral Officer will advise the Clerk of the closing date.

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

If ten or more residents do not request a by- election within fourteen working days of the vacancy being posted, as advised by WLDC, Hemswell Parish Council can co-opt a councillor, in particular, that if a casual vacancy exists and an election is not required (i.e., the poll is not claimed by 10 or more electors), the parish council '...must, as soon as practicable...' co-opt a person to fill the vacancy: s5(5), The Local Elections (Parishes and Communities) (England and Wales) Rules 2006.

Insufficiency of candidates at an ordinary election also provides the Parish Council with authority to exercise its rights to co-opt any person or persons to fill any vacancies within 35 days following the date of said ordinary election.

2.   Confirmation of Co-Option

On receipt of written confirmation from WLDC Electoral Services, the vacancy can be filled by co-option.

The Clerk will:

• Advertise the vacancy for four weeks on the Council notice boards and website.
• Advise the council that the co-option policy has been instigated.

Hemswell Parish Council is not obliged to fill any vacancy by co-option, but it is not desirable that electors in the Parish be left underrepresented for any significant length of time. Councillor vacancies may limit the available broad cross-section of skills and interests required to support the effective and efficient working of a Parish Council.

If insufficient candidates come forward for co-option the process should continue, whereby the vacancies are again advertised.

Councillors elected by co-option are full members of Hemswell Parish Council.

3.    Eligibility of Candidates

Hemswell Parish Council can consider any person to fill a vacancy provided that the applicant:

• is an elector for the parish; or
• has resided in the parish for the past twelve months or rented/tenanted land in the parish; or
• has their principal place of work in the parish; or
• has lived within three miles radius (direct) of the parish.

Expressions of interest rather than proper applications (see Appendices A and B) will not be considered.

There are certain disqualifications for election, of which the main are (Local Government Act 1972, S.80 and S81A):

• Holding a paid office for the Parish Council under the local authority.
• Being subject to a bankruptcy restriction order, interim order or a debt relief or interim debt relief order.
• Having been convicted within the last five years of an offence in the UK, Channel Islands or Isle of Man which resulted in a sentence of imprisonment (whether suspended or not) for a period of three months or more without the option of a fine.
• Being disqualified under any enactment relating to corrupt or illegal practice.
• Being subject to the notification requirements of the Sexual Offences Act 2003 or Sexual Risk Orders.

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

The eligibility of the candidate(s) will be confirmed by the Clerk.

All eligible candidates shall be invited by letter to attend the next suitable and available full council meeting following the application deadline. This may not be the next full council meeting, however, if the candidates are unable to attend, this meeting will not be rearranged.

4.  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 (Appendix A).
• Confirm their eligibility for the position of Councillor within the statutory rules (Appendix B).

Following receipt of applications, the next suitable full 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/vacancies’.

Copies of the application(s) will be circulated to all Councillors by the Clerk at least three (3) clear days before the meeting of the full Council when the Co-option will be considered. Councillors will consider the application against the co-option criteria in Appendix C.

The Clerk and Councillors will treat all documents strictly confidential under UK GDPR and related legislation.

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 the Council.

Candidates will also be informed that they may be invited to speak about their application at the meeting.

5.  At the Co-Option Meeting

If a candidate is a relative of a Councillor, that Councillor should declare a non-registerable interest and withdraw from the meeting.

At the Co-option meeting, candidates will be given an allotted time to speak (typically five (5) minutes maximum) to introduce themselves to members, provide information on their background and experience and explain why they wish to become a member of the Parish Council. The process will be carried out by adjourning the meeting to allow the candidate to speak. After the presentation, members may ask the candidate questions for a maximum of five (5) minutes.

Where the Council wishes to discuss the merits and attributes of the candidates, the Council will resolve to exclude members of the press and public.

The voting process for proposed candidates will be carried out in the public session. For a candidate to be elected to the council, it will be necessary to obtain an absolute majority of votes cast (50% + 1 of the votes available at the meeting) (LGA 1972, Sch. 12, s 39).  Voting shall be as per the Parish Council Standing Orders.

Only councillors present at the meeting may vote upon a person to fill this vacancy. Councillors will have one vote per vacancy to be filled.

If there are more than two candidates and no candidate with an overall majority in the first round of voting, the candidate with the least votes will drop out of the process. Further voting rounds will then occur with the process repeated until a candidate has an absolute majority. In the case of an equality of votes, the Chairman of the meeting has a casting vote.

After the vote has been concluded, the Chair will declare the successful candidate(s) duly elected. After signing their Declaration of Acceptance of Office, the candidate(s) may take their seat immediately.

6.  Elected Councillors (Co-Option)

Successfully co-opted candidates become Councillors in their own right, with immediate effect, and are no different to any other member.

Co-opted members will, once they have signed the Declaration of Acceptance of Office and agreed to be bound by the Parish Council Code of Conduct, take their seat at Council and are then able to be appointed to a committee and as a representative to local organisations.

Any application can be considered in a candidate(s) absence, but if successful, their signed Declaration of Acceptance of Office must be submitted at the next Council Meeting.

The Clerk will notify Electoral Services of the new appointment. The successful candidate(s) must complete their ‘Registration of Interests’ within 28 days of being elected. The form should be handed to the Clerk for forwarding to the Monitoring Officer.  

 Appendices

Appendix A - Application for Co-option

Please contact the clerk for a copy of the Co-Option Form and details of the selection criteria. Below are the questions included on the application form. 

1. Please tell us about the experience you feel you could bring to Hemswell Parish Council for the benefit of its residents., e.g., previous local government experience, work in the voluntary or charitable sector, business, trade union experience, etc.

2. Please tell us about the skills you feel you could offer to Hemswell Parish Council for the benefit of its operation and residents, e.g., professional qualifications, financial or project management expertise, etc.

3. Briefly tell us why you are interested in becoming a Parish Councillor and any other information you would like to add in support of your application.

4. Are there any questions you would like to ask the Parish Council prior to the meeting for co-option?

Appendix B – Co-Option Eligibility Form

Under Section 80 of the Local Government Act 1972, a person is disqualified from being elected as a Local Councillor or being a member of a Local Council if specific criteria are not met.

Declaration of Consent  To be signed by the applicant.

Appendix C – Co-Option Criteria