Becoming a Councillor

Cricklade Town Council should be guided by the principle of fairness that is seen as fair and reasonable by the public and those standing for office. To achieve this Cricklade Town Council should not support any political campaign and any information that is to be displayed should adhere to a set of guidelines laid down by the  Local Government Association. The only information that Cricklade Town Council should display is the list of persons nominated. Any canvassing to be done by the candidates themselves.

No Town Council facilities to be used by candidates except for the normal discharge of Town Council business.

Parish Councillors have a dual role:-

They represent the views and concerns of the residents of the parish to the parish council itself and, through it, to the district, county or unitary authority;

They report back to residents on issues affecting the parish.

The formal part of these roles, especially the first one, is carried out by attending meetings and corresponding with the town clerk. The Town Council might have committees and even sub-committees. This is more likely to be the case in larger councils. Individual councillors do not have, and cannot be given, powers to make decisions on behalf of the Town Council. This applies to the chairman, as much as to the other councillors, although the chairman does have personal responsibilities in connection with the running of formal meetings. Local councils decide on what services and projects the council will deliver. Through the council’s discretionary powers, it provides and maintains very important and visible local services including allotments, car parks, open spaces, community safety, events and festivals, footpaths, public toilets, street cleaning, bins, lighting, traffic calming and tourism activities.

Local councils are funded through Council Tax. They are strictly audited every year. Councillors must adhere to a code of conduct and complete a register of interests. This means that they are fully accountable to the public and assures the community that decisions are always taken in the public interest. In rural parishes, and those centered on smaller settlements in particular, the risk of councillors being affected by discloseable pecuniary or other interests, can be quite high. Also, it can be difficult to maintain an appropriate distance from local lobby or campaign groups. This is most likely to be the case in planning matters; an issue that should engage particularly those councillors who are also elected members of the local planning authority.

The less formal part of these roles of listening and talking to people, including the local elected members of the district, county or unitary council, will almost certainly take up more of the councillor’s time. However, it is important to remember that a “code of conduct” applies whenever activities of being a parish councillor are being undertaken.

Information on Code of Conduct expected of a Councillor.

The next scheduled parish elections will be in May 2025, as they occur every 4 years; the last one being 6th May 2021 for Cricklade Town Councillors.

In the event of a casual vacancy occurring in the office of Town Councillor, public notice must be given by the parish council in accordance with Section 87(2) of the Local Government Act 1972.

In a case where the Town Council declares the office to be vacant in accordance with Section 86 of the Local Government Act 1972 (i.e. through the disqualification or non-attendance of a member) the vacancy must be publicly advertised immediately.

In all other cases, public notice of the vacancy must be given as soon as practical after the vacancy has occurred.

NOTE:

It is possible that the district or unitary council has local arrangements with parish councils to advertise vacancies. It is therefore sensible to contact them first normally through their elections unit.

Notice of vacancy

Section 232 of the Local Government Act 1972 requires that a public notice required to be given by a local authority shall be given by posting the notice in some conspicuous place or places within the area of the local authority and in such other manner, if any, as appears to the local authority to be desirable for giving publicity to the notice. (In the Cricklade Town Council notice boards and website.)

The date on which the notice is posted should be inserted at the bottom of the notice and a copy of the notice should be forwarded to the Elections Officer at the local district or unitary council immediately.

Claiming a poll

Proper notification of the vacancy is essential, because under the Local Elections (Parishes and Communities) (England and Wales) Rules 2006, on such vacancy occurring in the office of Parish Councillor, an election to fill the vacancy shall be held if, within fourteen days (this is calculated by excluding Saturdays, Sundays, Christmas Eve, Christmas Day, Good Friday, bank holidays and days appointed for public thanksgiving or mourning) after public notice of the vacancy has been given, notice in writing of a request for such an election has been given to the returning officer by ten electors for the area. If the parish council is warded, the request must come from ten electors within the relevant ward.

If no such request is received within the time stipulated, the parish council must fill the vacancy by co-option as soon as practicable (see below).

Once an election has been requested, however, the vacancy must be filled by election and the council cannot fill it by co-option, even if there are insufficient candidates. An election must be held within sixty days (calculated as above) of the date of the public notice of the vacancy.

Where a casual vacancy occurs within six months before the day on which the councillor whose office is vacant would normally have retired, an election to fill the vacancy shall not be held. The Town Council nevertheless may fill the vacancy by co-option if it wishes.

Voting by council on casual vacancy (“co-option”)

In the case of co-option the following procedure should be followed:-

(a) Notice of the intention to co-opt to the vacancy should be given in the agenda for the meeting of the parish council;

(b) When the item is reached, the chair should call for nominations, which should be duly proposed and seconded;

(c) When all the nominations have been received a vote should be taken. It is usual for the candidate’s names to be put in alphabetical order;

(d) 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. 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. Thus where candidate A receives four votes, and candidates B and C each receive two, A is not elected because he has the same number of votes as B and C put together and does not have a majority over their combined votes. 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;

(e) After the vote has been taken, the chair should declare the candidate who received the highest number of votes duly elected;

(f) 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.

NOTE:

There is nothing preventing Councillors from approaching persons to offer themselves for co-option or even advertising for applicants. Applicants might also be invited to provide a written “application” or invited to speak to the council prior to any voting. If such arrangements are to be applied, they should be carefully drafted and provided to applicants. It is imperative that all applicants are treated alike in order that the arrangements are seen as fair. Applicants under such arrangements must not undertake any lobbying.

Co-opted Councillor Application Guidelines

COMPETENCY – ESSENTIAL / DESIRABLE

 Personal Attributes

• Sound knowledge and understanding of local affairs and the local Parish.
• Forward thinking
• Can bring a new skill, expertise or key local knowledge to the Council.

Experience, Skills, Knowledge and Ability

• Ability to listen constructively
• A good team player
• Ability to pick up and run with a variety of projects
• Solid interest in local matters
• Ability and willingness to represent the Council and their Parish
• Good interpersonal skills and able to contribute opinions at meetings whilst willing to see others views and accept majority decisions.
• Ability to communicate succinctly and clearly.
• Ability and willingness to work closely with other members and to maintain good working relationships with all members and the clerk.
•  Ability and willingness to work with the Council’s partners (e.g. voluntary groups, other Parish Councils, principal authority, charities)
•  Ability and willingness to undertake induction training and other relevant training.
• Experience of working with voluntary and or local interest groups

Circumstances

• Ability and willingness to regularly attend meetings of the Council. (Please note that the majority of Council meetings are held in an evening).