APPOINTING COUNCILLORS

Question

When a clerk does not advise the District Council or issue vacancy notices  when Councillors resign and instead moves straight to co-option are the co-opted Councillors legally appointed?    If so should they be removed and is there any advice on such a scenario

Answer 1

If the circumstances you describe are accurate, you should contact your local electoral registration office and ask them to investigate.

There must be a notice of casual vacancy to the ERO, there must be the opportunity for electors to request an election and only AFTER that process has competed can there be a co-option.

Your clerk is not empowered to circumvent those stages and your council is not empowered to co-opt until AFTER those stages have been completed.

Comments

The only time a council can move directly to a co-option is if/when there are vacancies following a full council election when any unfilled seats can be filled by co-option "as soon as practicable" after the election.  I'm not sure if anyone has actually defined "as soon as practicable".

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Good spot! I forgot about that anomaly