Can chair of meeting vote for himself (and if necessary use casting vote) in a vote of no-confidence against him?

Question

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One of the councillors in my local parish council has tabled a motion of no confidence in the chair for the next meeting. I know this is pointless but he has done it anyway, without even giving a reason. In my opinion this is simply vexatious.

Can the chair of the meeting vote against the motion (and if necessary use the chair's casting vote), despite possible issues of conflict of interest?

Answer 1

The chair of a meeting can vote as an ordinary member of the council and, if there is a tie, has a casting vote.

However, it’s important to note that there is no provision in legislation for no confidence motions at parish council level. Unlike in principal authorities, where such motions can trigger leadership changes, a no-confidence motion in a parish council has no legal effect unless the council’s standing orders explicitly provide for it - which is highly unlikely. The motion does not remove the chair from their position or force any action.

Given this, it is questionable whether the clerk should have accepted the motion at all. Clerks have a duty to ensure that motions brought before the council are lawful and within the council’s powers. If a motion has no legal standing and cannot result in any concrete action, its inclusion on the agenda could be considered unwise, particularly if it appears vexatious or politically motivated.

That said, if the motion is debated, the chair remains a full voting member of the council and is entitled to vote against it. If the vote is tied, the chair has a casting vote and may use it, just as they would for any other tied vote. While some may argue that abstaining would be the more diplomatic approach, there is no legal or procedural reason why the chair cannot vote to defend their position, especially against a motion with no legal weight.

Comments

Interesting....

"there is no legal or procedural reason why the chair cannot vote to defend their position"

There 'could' (I'm not convinced - and open to discussion) be a contravention of SO's though in failure to declare a non disclosable interest.

The reason I present this question - I was subject to a CoC complaint which the council voted whether to accept the recommendation.  Being an awkward so and so, I neither declared a non disclosable interest, nor did I leave the room, nor did I take any interest in the discussion / vote.

None the less, low and behold, ANOTHER CoC complaint (unsurprisingly upheld by the highly respected, diligent and objective MO (not)) for failure to abide by SO's, bring self into disrepute blah, blah, blah...

So on that basis and experience (not withstanding the obvious alteria motive and determination of the MO to attempt to demonstrate and exert their own self importance) that complaint was upheld too );0)

So, whilst accepting that a sitting chair may vote first as a Cllr and second with a casting vote in the case of a tie in the re-election of a council chair - no dispute there - would the same be true where a sitting chair had a potential NDI in relation to any other vote...

I'm going to go firm with - maybe )0;)

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I certainly wouldn't have included a no-confidence vote on the agenda, for the reasons lawcruncher has set out. There is nothing to be gained from the vote and so much potential harm. Will the proposer fall on his sword if the motion is defeated? The Council will be electing a Chair in a few weeks' time, so why now? I see no reason why the Chair should not vote and, if required, use the casting vote.

Our Code of Conduct, taken from our District Council, defines a non-pecuniary interest in terms of the effect of the decision of the vote on the matter. As there is no effect regardless of the decision of a no-confidence vote, it appears to fall outside our CofC.

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No confidence vote not worth agenda time - agreed.

Interesting in relation to the CoC though...
Nolan principles - Integrity, Objectivity, Leadership - the interpretations of all 3 being entirely subjective of course but 'could' fail the sniff test.

The circumstances as described in the OP - agreed, not worth the agenda time.

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ROC   I think being in the room for such a discussion would be fine.  I hope it was not in secret session.

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I agree.  I did once debate and vote on the minutes of the last meeting, as they were not correct.  As they referred to me in one section, a MOP was of the opinion I could not say they were wrong, as that was a conflict of interest.   At the same meeting, he was co opted as a councillor and within 12 minutes of signing up, at the end of the meeting, had submitted a complaint to the MO.  They  live amongst us.

Answer 2

If I were the chair I’d vote in favour of the no confidence motion purely to show what a ridiculous idea it is I’d also make sure I recorded the debate as there may well be grounds for a complaint