Co-Option Policy and Procedure
This policy sets out the procedure to ensure there is compliance with legislation and continuity of procedures in the co-option of members of Thimbleby Parish Council.
This procedure is based on NALC Advice Notes about co-option to local Councils.
Parish Councils are permitted to exercise the power to co-opt a person onto the Council to fill a casual vacancy after East Lindsey District Council has completed the election process and the seat remains unfilled. A vacancy occurs when:
• A Councillor fails to make his declaration of acceptance at the proper time
• A Councillor resigns;
• A Councillor dies;
• A Councillor fails for six months to attend meetings of the Council
• A Councillor is disqualified
Although seeking ‘expressions of interest’ is not a legal requirement, the National Association of Local Councils (NALC) recommends that Councils always give public notice of vacancies because this makes the process of co-option open and transparent and should attract more potential applicant (s).
Whenever the need for co-option arises, Thimbleby Parish Council will:
Advertise the vacancy using the village noticeboards, website, flyers and social media channels (if available) to seek and encourage ‘expressions of interest’ by a specified date from anyone in the Parish who is eligible to stand as a Parish Councillor. All potential applicant (s) will be requested to complete the Co-option application and eligibility forms.
Eligibility Criteria
In order to be eligible for co-option as a Thimbleby Parish Councillor you must satisfy certain criteria:
• Be 18years of age or above, and,
• Be a British citizen, an eligible Commonwealth citizen, a citizen of the Republic of Ireland, a qualifying EU citizen or an EU citizen with retained rights
You must also satisfy at least one of the following four criteria;
• Be registered as a local government elector for the Parish of Thimbleby on the current Electoral Register, and will continue to be.
• During the whole of the twelve months preceding the date of co-option occupied, as a tenant or owner, land or other premises in the Parish of Thimbleby
• Had your principal, or only, place of work during the previous twelve months in the Parish of Thimbleby
• Has resided in the Parish of Thimbleby, or within three miles of the boundary, during the previous twelve months.
Detailed information about the statutory provisions can be found on the Electoral Commission website about the eligibility and disqualification criteria that apply to Parish Councillors.
Applications
Applicant (s) are required to:
• Submit some brief information about themselves (see short application form in the Appendix that follows)
• Confirm their statutory eligibility for the position of Parish Councillor
Following the receipt of the application form and confirmation of eligibility the next suitable Parish Council Meeting will include an agenda item “To receive written applications for the office of Parish Councillor and to co-opt applicant (s) to fill the existing vacancy” Applicant (s) will be invited to attend the meeting.
Copies of the applicant (s) application forms will be circulated to all parish Councillors by the Clerk three clear days prior to the meeting of the full Parish Council at which the co-option will be considered.
All documents will be treated by the Clerk and Parish Councillors as strictly private and confidential.
Applicant (s) will be forwarded an agenda of the meeting, by email, and advised that they will be invited to speak at the meeting about their application, their suitability and what they hope to achieve as a Parish Councillor.
At the next Full Council meeting:
1. The Clerk will confirm that each applicant (s) is qualified to become a Councillor and is not disqualified from being a Councillor as set out in the Local Government Act 1972 s79 and s80;
2. The applicant (s) will be given a maximum of three minutes to introduce themselves, including giving brief information on their background and why they wish to become a member of the Parish Council. Councillors will then be given the opportunity to ask questions of each applicant (s).
3. The process will take place in a public session and private discussion among members will not be permitted prior to a vote being taken.
4. Voting on the acceptability of each applicant (s) for co-option will then take place in an open meeting in the interests of transparency. An absolute majority vote (50% +1) is required for each applicant (s) from all members present and entitled to vote. In the event of an equality of votes the Chair may use their casting vote. (The applicant with the least number of votes cast will be deleted and the vote taken again and again etc. until the number of applicant (s) equals the number of vacancies);
5. If the applicants are present at the council meeting, they will be invited to join the Parish Council and to sign their Declaration of Acceptance of Office and can take up their seat immediately.
6. When Applicant (s) are not present at the meeting they will be notified by e-mail of the Council’s decision within 48 hours by the Clerk. The Clerk will seek to obtain the completed Declaration of Acceptance of Office by the date of the next Parish Council meeting or by such date resolved by the Parish Council if more time is needed.
7. A co-opted parish councillor must complete their Declaration of Interests within 28 days of appointment. The Clerk will issue a copy of the Code of Conduct to the co-opted councillor.
8. The Clerk will notify East Lindsey District Council’s Electoral Services of the new Councillor Appointment and provide the Declaration of Interests completed by the co-opted councillor.
9. If no one accepts the vacant post(s), the whole process will be repeated when new individuals expressing interest are identified or until the next election.
Appendix - Application Form
The application form is available by clicking here
Updated and Adopted – 8th January 2025