Parish Council Vacancies

Parish Election 4^th May 2023 - Election of Parish Councillors - Councillor Vacancy

As the number of valid nominations for Duffield Parish did not exceed the number of council seats, a poll was not required and the nominated candidates were elected and will take office on 9^th May 2023, four days (excluding bank holidays) after the date of election. There were 11 nominations for 12 council seats, resulting in one remaining vacancy.

As required under section 21 of the Representation of the People Act 1985, the newly formed council may co-opt to fill the vacancy.

Consequently, the vacancy will be filled by co-option as set out in the following procedure:

(a) Notice of the intention to co-opt to the vacancy will be made public on Parish Council notice boards and on the website no later than four weeks prior to the Full Council meeting at which the co-option will take place; The Notice will invite applications (taking the form of a written statement and form of particulars) from members of the public to fill the vacancy. Members of the Parish Council can also invite applications from suitable candidates to fill the vacancy.

(b) Applications should be made to the Parish Clerk by email: clerk@duffieldparishcouncil.gov.uk The deadline for applications is 17:00 9^th June 2023;

(c) All applications will be made available to members of the Parish Council in confidence with the agenda and other papers for the Full Council meeting at which the co-option will take place.

(d) Notice of the intention to co-opt to the vacancy will be given in the agenda for the meeting of the Parish Council to take place at the Full Council meeting on 21^st June 2023;

(e) When the item is reached, the Chair shall read out the list of the nominations and applications received. A Proposer and Seconder for each candidate will be sought.

(f) If there is only one candidate, the candidate will be asked to present their application. Councillors will have the opportunity to ask the candidate questions and then a vote will be taken on whether to co-opt the candidate to the Council;

(g) Where there are more than two candidates it is desirable to eliminate the candidate with the least number of votes, so that the final vote is between two candidates only:

- In alphabetical order, each candidate in turn will be invited to present their application (maximum of 5 minutes);

- Councillors will have the opportunity to ask candidates questions;

(h) When all the nominations have been heard councillors will vote in writing by ballot paper setting out their preference for co-option to the vacancy; the votes will be counted by the Parish Clerk;

(i) The person co-opted must receive a majority of the votes of those Councillors present and voting at the meeting where the co-option takes place.

(j) Where there are more than two candidates for one vacancy, this rule means that a person must get a majority of votes over all the other candidates votes combined. For examplesas to how this will work, please see below.

(k) After the vote has been taken and the votes counted, the Chair will declare the candidate who received the highest number of votes to be duly elected;

(l) The person elected must make a declaration of acceptance of office before, or at, the first meeting of the Parish Council following his election in the presence of a member of the Parish Council or the Proper Officer of the Parish Council. The declaration is then retained in the parish records. The person elected will need also to undertake to abide by the Parish Council's Code of Conduct.

EXAMPLE WORKINGS:

i) Where candidate A receives five votes, and candidates B and C each receive four and two respectively, A is not elected because he/she has less votes than B and C put together and does not have a majority over their combined votes. However, Candidate C will be eliminated and a second vote between A and B will take place for a decisive outcome;

ii) Where there is a tie between the two lower scoring candidates where A receives six votes, and candidates B and C each receive three votes, A is also not elected because he/she has the same number of votes as B and C put together and does not have a majority over their combined votes. In this scenario a vote between B and C would take place and the candidate with the least number of votes would be eliminated. A further vote between candidates A and B would then take place for a decisive outcome.

NOTE:

All applicants must be eligible for co-option in accordance with s79 of the 1972 Local Government Act and must not be disqualified by s80 of the same Act. Interested persons must fulfil the following criteria:

• Be registered as a local government elector for the Parish of Duffield; or
• Have occupied as owner or tenant, within the preceding 12 months, land or premises in the parish; or
• Had their principal or only place of work during the last 12 months, within the Parish; or
• Have, during the preceding 12 months, resided in the parish or within 4.8km of it.
• Be 18 years of age or over.
• Not be disqualified for holding office as a member of a local authority (if they hold a paid office or other place of profit in the gift or disposal of the council; be subject to a bankruptcy restrictions order or a debt relief restrictions order; within the last five years been convicted of any offence and sentenced to not less than three month's imprisonment; convicted of offences involving corrupt or illegal practices; convicted for the failure to register or declare disclosable interests under the Localism Act 2011).
• Submit details of any political party membership.

There is nothing preventing Councillors from approaching persons to offer themselves for co-option or even advertising for applicants.

The procedure set out above will be followed and all applicants will be treated alike in order that the arrangements are seen to be open, transparent and fair.

Applicants under these arrangements must not undertake any lobbying.