Co-Option Policy 2023
Co-option Policy for Theddlethorpe Parish Council, adopted May 2023
This policy sets out the procedure to ensure there is compliance with legislation and continuity of procedures in the co-option of members of Theddlethorpe Parish Council
This procedure is based on NALC Legal Briefing L15-08 – Good practice for selection of candidates for co-option. Co-option of Parish Councillors (casual vacancy) Policy of local Councils. Parish Councils are permitted to exercise the power to co-opt a person onto the Council to fill a casual vacancy. A vacancy occurs when:
• A Councillor fails to make their declaration of acceptance at the proper time
• A Councillor resigns;
• A Councillor dies;
• A Councillor fails for six months to attend meetings of the Council
Although seeking ‘expressions of interest’ is not a legal requirement, the National Association of Local Councils (NALC) recommends that Councils always give public notice of vacancies because this makes the process of co-option open and transparent and should attract more potential candidates.
Whenever the need for co-option arises, Theddlethorpe Parish Council will advertise the vacancy using the village noticeboards, website and flyers to seek and encourage ‘expressions of interest’ by a specified date from anyone in the Parish who is eligible to stand as a Parish Councillor. All potential candidates will be requested to complete the Co-option application and eligibility forms.
Eligibility Criteria
To be considered as a Parish Councillor, applicants must meet at least one of the following qualification criteria:
• Be registered as a local government elector for the Parish on the current Electoral Register.
• Has during the whole of the previous 12 months occupied as tenant or owner any land or other premises in the Parish.
• Has had their principal or only place of work in the previous 12 months in the parish of Theddlethorpe.
• Has resided either in the Parish or within 3 miles thereof during the previous 12 months.
and
18 years of age or over, and fulfil one or more of the following criteria:
• being on and remaining on the register of electors for the Parish; or, during the whole of the twelve months preceding the nomination.
• have lived in, worked in or lived within 3 miles of the parish boundary
Applications
Candidates are required to, in writing or via electronic mail:
• Submit some brief information about
• Confirm their eligibility for the position of Parish Councillor
Following the receipt of the application form and confirmation of eligibility the next suitable Parish Council Meeting will include an agenda item “To receive written applications for the office of Parish Councillor and to co-opt a candidate to fill the existing vacancy” Candidates will be invited to attend the meeting.
Copies of the candidates’ application forms will be circulated to all parish Councillors by the Clerk at least three clear days prior to the meeting of the full Parish Council at which the co-option will be considered.
All documents will be treated by the Clerk/Parish Councillors as strictly private and confidential.
Candidates will be forwarded an agenda of the meeting, by email, and advised that they will be invited to speak at the meeting about their application.
At the next Full Council meeting:
1. The Clerk will confirm that each candidate is qualified to become a Councillor and is not disqualified from being a Councillor as set out in the Local Government Act 1972 s79 and s80;
2. The candidate(s) will be given a maximum of three minutes to introduce themselves, including giving brief information on their background and why they wish to become a member of the Parish Council. Each Councillor will then be given the opportunity to ask one question of each candidate.
3. The meeting will then be closed for Council to consider the applications and members of the public and press will be asked to leave.
4. Voting on the acceptability of each candidate for co-option will then take place. An absolute majority vote is required for each candidate from all members present and entitled to vote. (The applicant with the least number of votes cast will be deleted and the vote taken again and again etc. until the number of candidates equals the number of vacancies.);
4a. Voting procedure.
For speed and transparency, a show of hands is in order for counting to take place. Both the Clerk and one Councillor to carry out this procedure as confirmation of a correct count.
5. Vote to select the order in which acceptable candidates should be approached to offer co-option on this occasion.
6. Candidates will be notified by e-mail of the Council’s decision within 48 hours. The Clerk to approach and offer co-option to candidate(s) after the meeting in the order of priority determined by the vote. If the first choice does not accept the post, then the second is to be approached and so on until the ranking list is exhausted.
7. If the co-option position is filled, the appointment will be formally ratified.
8. The Clerk to notify Electoral Services of the new Councillor Appointment, initiate ‘acceptance of office’ paperwork and ‘registration of interests’
9. If no one accepts the vacant post(s), the whole process will be repeated when new individuals expressing interest are identified or until the next election.