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Notes on filling vacant seats on your community council, 21 Nov 2011

After the recent elections some community councils still have several vacant places. These can be filled either by co-option, or, after 6 months, by holding an ‘interim’ election.

The rules covering these are provided in section 7 of the Model Constitution and section 10 of the Scheme of Establishment of Community Councils (make sure you have the latest version, published on 28 September 2011 – click
here).

Co-option

You can ‘co-opt’ people to fill some of those places still vacant after the recent elections (remembering to give all members 14 days notice – see section 10 of Scheme of Establishment). N.B. The requirement to wait 6 months, as stipulated in section 7 of the Model Constitution, only applies where a member resigns.

Section 10 of the Scheme of Establishment explains that although the number of co-opted members must be no more than a third of the number of elected members, you can round this figure up. For example in Coupar Angus & Bendochy we have 8 places available. A third of 8 would be 2-and-a-bit. Therefore we are allowed to round this up to 3.

Interim elections

After at least 6 months you might consider holding an interim election to fill any places that weren’t filled at the recent election, or if a member has resigned – see section 7 of the Model Constitution. Co-opted members have to stand down at interim elections, but they can stand for election. This not only gives you more elected members, but also opens the way for co-opting more people if you wish. 

N.B. Perth and Kinross Council would urge you to delay holding an interim election until after the local government elections in May 2012. It may also be advisable to wait until after the school summer holidays, as many people are away at that time.

Lastly, Brenda Lackie of Democratic Services says:–

“A by-election is not usually the first option but utilised where a community council has used up its allocated co-options but still has a vacancy which it wishes to fill.  I would not expect all community councils who were left with vacant places to hold a by-election next year.  It will be carried out on a need by need basis for each community council.”
Yours sincerely,

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