Apologies from previous Chairman & Vice Chairman for AGM. Is it legal to appoint a new Chairman.?

Question

New councillors have just been elected. Is it legal to appoint a new PC Chairman at the Annual General meeting  if neither the previous Chairman or vice Chairman attend?.

Answer 1

You need to elect a Chair to run the meeting otherwise the meeting cannot proceed.  If the Chair wishes to carry on as Chair, they can be appointed but you still need to appoint a Councillor to be Chair for that meeting.

Answer 2

Not only legal but necessary. The clerk should call for nominations for chair and vice chair, then organise a vote or ballot to fill the positions.

Answer 3

Yes, the election of chair must go ahead and must be the first item of the annual meeting. As I read the legislation and the advice from Arnold-Baker, this is done in two stages in the circumstances described. The meeting first appoints one of the members to preside over the election. The election of chair then takes place. The person chosen to preside over the election has a casting vote. It is unlawful for the clerk (or any other non-councillor) to preside. A council is not properly constituted without an elected chair.

Comments

Thank you. To confirm the meeting chairman has an ordinary vote and casting vote for the election of chair.

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Given that in your case the meeting chairman is a member of the new council, yes, he has an original vote as a council member, and then will have a casting vote if there is a tie.

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Your advice much appreciated.