Correct Procedures for co-options after May 2nd?

Question

My question arises from the fact that an Agenda Item has appeared this week asking for the present Councils approval to start the co-option process. Councils will have two vacancies due to a lack of candidates.

 I have queried this agenda item assuming this request is not required. Co-option procedures at the four-yearly cycle are different from the process of filling casual vacancies. Any advice or comments?

Answer 1

There is a different process to the normal in cycle process. I will dog out the yellow book later and reply in detail.

Comments

Thanks: I look forward to your reply. My concern is that there is a push to get the new Co-opted Councillors in place by mid-May (i.e at the first Council meeting). It is legal I am sure but there are other factors at play with potential candidates who have expressed interest...

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As long as the council as update, the Clerk can follow the councils usual procedure (even if that is in advance of the May meeting) to seek expression s of interest / applications for consideration as per the council's policy.

If the Parish council is not update, the district council will appoint such councillors as it sees fit.

Whilst the procedure (putting up adverts/notices) may start under the old council, the old council must not consider applications, but leave it for the new council. (Even if, in general, they are the same councillors).

Answer 2

The Council can legally fill the vacancies by co-option without the need to advertise the vacancy. 

If the Council are seeking a possible outcome of not co opting be agreed it needs to be reported to the monitoring officer of the Principal Authority.  Such an action would raise questions about motives for trying to control the numbers of members at votes on resolutions.  Rather than approving whether or not to initiate the co-option, the Council ought to be seeking to decided on whether or not to advertise the vacancy (in the spirit of engaging with the public) and the process for choosing candidates, if these are not specified in an existing co option policy.   

Comments

Thanks. The issue of not Co-opting does not arise. The Council will be quorate but with two vacancies to fill by co-option. What I am taking issue with is the request for Councillors (prior to May 2nd) to give the approval to go ahead with the process.  Apparently, the Council has been approached by some seeking co-option. The intention is to have co-optees in place by mid-May. I am expecting also that some losing candidates, in the wards where there will be a contest, will also wish to seek co-option. It all seems a bit of a rush.