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 - Rev 1.3 Amended to bi-annual review. Updated reference to UK GDPR. Effective Jan 2025.

Hemswell Parish Council

COUNCIL MEMBER CO-OPTION POLICY

Introduction

1.    Co-Option

2.    Confirmation of Co-Option

3.    Eligibility of Applicants

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 inthe co-option of members to Hemswell Parish Council (PC). The PC manages the co-option procedure and adherence to the  procedures set out in Appendices A and B ensure a fair and equitable co-option of members. The co-option policy will be reviewed bi-annually

Whenever the need for co-option arises, the PC will seek and encourage applications from those eligible to stand as councillors per the qualifying criteria (Appendix C). Councillors can legally approach individuals and encourage them to apply for co-option. 

Vacancies will be advertised on the PC website, noticeboard/social media. The advertisement to co-opt will include the following:

• The application process. 
• 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 PC must notify West Lindsey District Council (WLDC) of a Casual Vacancy, advertise the vacancy and allow electors the option of requesting an election when ten or more electors wrie 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 applicants who must have put themselves forward by way of nomination paper. The PC will pay the election costs. 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 applicant is nominated, a by-election takes place; but if only one applicant 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 PC 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), thePC '...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 applicants at an ordinary election also provides the PC 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 PC 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 applicants 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 PC.

3.    Eligibility of Applicants

Hemswell PC 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 (4.83 km) 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.

Applicants found to be offering inducements of any kind will be disqualified. The eligibility of applicant(s) will be confirmed by the Clerk.

All eligible applicants 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 applicant(s) are unable to attend, this meeting will not be rearranged.

4.  Applications

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

Although there is no statutory requirement to do so, applicants 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.

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

5.  At the Co-Option Meeting

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

At the Co-option meeting, applicants 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 PC. The process will be carried out by adjourning the meeting to allow the applicant to speak. After the presentation, members may ask the applicant questions for a maximum of five (5) minutes.

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

The voting process to elect an applicant will be carried out in the public session. 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 Hemswell PC 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 applicants and no applicant with an overall majority in the first round of voting, the applicant with the least votes will drop out of the process. Further voting rounds will then occur with the process repeated until an applicant has an absolute majority. In the case of an equality of votes, the Chair of the meeting has a casting vote.

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

6.  Elected Councillors (Co-Option)

Successfully co-opted applicants 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 PC 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 the absence of an applicant, 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 applicant 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 PC 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 PC 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 PC 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