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 nomination qualifications required of an applicant for either an ordinary or casual vacancy are the same in accordance with S79 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 Billingborough 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.
Billingborough parish Council 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.
Where an ordinary vacancy/vacancies occur/s the following will apply:
1. The vacancy/vacancies notice will be advertised as follows:
o On the Parish Council notice board.
o On the Parish Council website.
o On Billingborough Parish Council’s facebook page or similar social media (if available).
2. The notice will have a closing date of 35 days for receiving applications.
3. If no applications are received the notice will be advertised again with a new 35 days closing date.
4. This will continue until such time as an application/applications are received.
5. When an application/applications are received by the closing date the following will
apply:
o Each applicant will be provided with a copy of this Standing Order procedure and an agenda of the meeting at which they are to be considered for appointment.
o Each applicant will be invited to complete a Legal Declaration of Qualification to hold Public Office as a Local Councillor (as shown in Appendix A).
o Each applicant will be invited to provide a “CV” to include the reasons for interest in being a Parish Councillor and what attributes they have to offer for the benefit of the community. See Appendix A.
6. If items (ii) and (iii) are not completed by an applicant then they will not be considered for the vacancy/vacancies.
7. 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.
8. There will be a separate item on the Parish Council meeting Agenda to deal with the application/applications for Co-options.
9. 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.
10. 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.
11. The Parish Council will resolve to exclude members of the press and public 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.
12. The Parish Council meeting will then re-convene as an open meeting and a vote will take place for applicant(s) in alphabetical order if more than one. 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.
13. The Chairman will declare the result and advise the successful candidate of the 4 yearly election process.
14. The result will be recorded in the Minutes of the Parish Council meeting.
15. 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.
16. 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.
17. The successful applicant/applicants will be provided with the following:
o A copy of the Parish Council’s Standing Orders.
o A copy of the Parish Council’s Financial Regulations.
o A copy of the Parish Council’s Code of Conduct.
o A copy of the Good Councillors Guide.
18. The successful applicant/applicants will comply with the following:
o To sign a Declaration of Acceptance of office form.
o To complete a Declaration of Interests form and submit this to the Parish Clerk who will submit to the Monitoring Officer at East Lindsey District Council within 28 days.
19. 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).
20. If for any reason an applicant/applicants are not selected then the vacancy/vacancies will be re-advertised in accordance with this procedure.
This policy and procedure were adopted at a meeting on 10 May 2022 and Reviewed in March 2024.
ANNEXE A - BILLINGBOROUGH PARISH COUNCIL CO-OPTION APPLICATION FORM
Click to view and/or download the Co-option Policy Application Form