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Agenda Item No. 5

 

 

The Vale of Glamorgan Council

 

Council :  25 June 2014

 

Report of the Monitoring Officer

 

Wick Community Council : Appointment of Temporary Member

 

Purpose of the Report

1.         To obtain authority to temporarily appointment a member to Wick Community Council.

Recommendation

(1)     THAT this Council by order appoints Councillor Audrey Preston to fill a vacancy on Wick Community Council from such date as deemed appropriate by the Managing Director until a third community councillor is elected or co-opted and takes up office.

(2)     THAT the Managing Director is given delegated authority to sign and issue the order referred to in recommendation 1 above; and

(3)     THAT two copies of the order are sent to the First Minister.

Reasons for the Recommendation

1-3    In line with Section 91 of the Local Government Act 1972 ("the 1972 Act") and to enable Wick Community Council to be quorate and deal with co-option (if necessary).

 

Background

2.         Wick Community Council ordinarily consists of 7 members. At the Annual Meeting in May 2014, five members resigned. The Community Council requires 3 members to be in attendance at any of its Council meetings in order to be quorate.

Relevant Issues and Options

3.         Arrangements are ongoing to issue the casual vacancy notices in order to appoint new community councillors either in the first instance by means of a by-election or otherwise by co-option. Of particular note, should it be necessary to co-opt members the Community Council would be unable to act unless it is quorate.

4.         Section 91(1) of the 1972 Act provides that:

"where there are so many vacancies in the office of ....... community councillor that the ....... community council  are unable to act the ....... Welsh principal council may by order appoint persons to fill all or any of the vacancies until other councillors are elected and take up office."

5.         A copy of the proposed order is attached at Appendix A. Two copies of every order made under Section 91(1) of the 1972 Act are to be sent to the First Minister.

6.         It is suggested that Councillor Audrey Preston (as the local ward member) is temporarily appointed to the Community Council from a date to be specified by the Managing Director (if deemed necessary) until such time as a third community councillor is elected or co-opted and takes up office.  

Resource Implications (Financial and Employment)

7.         None as a direct result of this report.

Sustainability and Climate Change Implications

8.         None as a direct result of this report.

Legal Implications (to Include Human Rights Implications)

9.         As detailed in this report.

Crime and Disorder Implications

10.      None as a direct result from this report.

Equal Opportunities Implications (to include Welsh Language issues)

11.      The proposed appointment is on a temporary basis until a third community councillor is elected or co-opted and takes up office.

Corporate/Service Objectives

12.      In line with the Council's Community Leadership objective.

Policy Framework and Budget

13.      This is a matter for Council decision .

Consultation (including Ward Member Consultation)

14.      The ward member has been consulted, and Dr Sheppard of Wick Community Council has been provided with a copy of this report.

Relevant Scrutiny Committee

15.      Corporate Resources.

Background Papers

Local Government Act 1972, section 91.

 

Contact Officer

Debbie Marles - Head of Legal Services

01446 709402 email DMarles@valeofglamorgan.gov.uk

 

Officers Consulted

Managing Director

Electoral Registration Officer

 

Responsible Officer:

Debbie Marles - Head of Legal Services (and Monitoring Officer)

 

 

 

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