Post councillor resignation process

Question

Is there a defined process that must be followed once a Parish Councillor resigns please ie casual vacancy through to co-option .   We have recently had 3 separate resignations with apparently nothing being  don

Answer 1

If, as you say, nothing has been done, try suggesting that Cllrs NOT approve the clerk’s salary at the next PC meeting and see if they pull their finger out….

(Slightly more measured approach might be to commence a ‘restoring efficiency’ process for an employee who ‘should’ know what to do when a Cllr resigns

Comments

Ask capalc for it advice booklet on co option

Answer 2

Casual vacancies must be advertised by your principal authority (district council etc) in accordance with the relevant legislation. The co-option process is the fallback if no public election is required, but residents have the right to petition for an election first.

Comments

The problem is that we cant get enough councillors (8 applicants for 22  seats at last election) . Now those that we managed to get  co-opted are leaving as fast as they came.   Therefore arguably the Casual vacancy notice is somewhat pointless .  However the question I am asking is , is it nevertheless a mandatory procedure that has to be religiously followed ||?

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Yes it is. Councillors are elected by local residents, so for every vacancy, the local residents must be given the opportunity, regardless of whether or not they wish to exercise their right.

On a separate, but clearly related, issue, if you are churning councillors at that rate, before rushing to load more meat into the sausage machine, perhaps you could all sit down, if necessary with external mediation, and consider why this is happening.

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If one does not advertise a casual vacancy  can you legally move to a co-option stage at a later date ?

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No. It must be advertised.

Answer 3

Concur with everything Dave has said but who is it you think hasn't done anything?  The process starts with the resignation which must be in writing.  The dramatic "I quit" as someone storms out of a meeting can't be considered a resignation until it is followed by a written resignation.  Then it is for your principal authority to issue the notice of vacancy which sets out the date by which members of the public must request an election if they so wish - a period of 14 days from the date of the notice.  If there is valid request for an election, there follows a period for receipt of nominations etc. before the election takes place.  If there is no valid request for an election, your council can then advertise a vacancy and invite people to apply to be co-opted.

Comments

I am well aware of what is needed to constitute a resignation.  I was however  unsure of the precise procedures required to be followed post resignation.  I am now aware