Councillor resigning at a PC Meeting

Question

A Councillor resigned at the May PC meeting and now wished to rescind his resignation. Is this possible at the up and coming June PC meeting. Reason for resigning was personal but they now have had second thoughts. Or does it need to be a co-option? The draft minutes with the resignation have not yet been approved can we make an amendment? Appreciate any advice.

Answer 1

s.84 (1) (c) of the Local Government 1972 provides that in the case of a councillor, their resignation must be delivered to the chairman in writing.  Public Statements (orally etc) not valid form of resignation.  So providing he has not resigned in writing he remains a member of Council.  If he has he can put himself forward for the vacancy that has arisen.

Comments

Does an Email Resignation hold as “in writing “?

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Yes. Providing said email was to actually addressed to the Chairman it would still constitute a valid resignation.

Answer 2

Thank you.  Yes resignation was sent to me as Chair. So answers my question.  We intend on inviting the ex-Councillor to a Parish Council Meeting when Co-Option will be an Agenda Item.

Comments

Just remember prior to Parish Council in a position to Co-Opt your principal authority following notification of resignation will publish a "Notice of Vacancy" whereby electors are able to "request an election" which prevents council co-opting to fill vacancy.

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You can then get 10 electors to demand an election and get the resigned Cllr to apply for their own vacancy.  If they are the only one to apply they will get elected unopposed