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Community Councils Elections 2008
COMMUNITY COUNCIL ELECTIONS 2008 GUIDANCE NOTES TO CANDIDATES Nomination Form To stand as a Community Councillor, you are required to lodge the enclosed Nomination Form with the Returning Officer by the date and time shown at the foot of the form. Eligibility Criteria: To be eligible to stand as a candidate in a Community Council Election, you must:- · Appear on the electoral roll; · Be at least 16 years of age; · Be resident in the Community Council area you wish to stand for; · Not be subject to any legal incapacity (further details available on request). Support for your Nomination: Your nomination must be supported by two people, who must sign the Nomination Form. They must live in the relevant Community Council area; be registered on the electoral roll; and they must not subscribe to any other candidate’s Nomination Form. Signatures of candidates and subscribers are required. Nomination Forms, which do not conform to the above, may be considered invalid. Candidates and subscribers can check they are on the electoral roll by visiting the local library, or by contacting Administration and Legal Services, Greenfield, Alloa, Tel: 01259 452112 or email: adminservices@clacks.gov.uk. Note to Council employees who intend to submit a nomination form: If you are employed by Clackmannanshire Council, you will be eligible to stand as a candidate, providing you have the consent of the Chief Executive. This step is necessary to avoid any likely conflicts of interest arising. A short letter to the Chief Executive requesting permission to stand is all that is required. Personal Statements It is not a mandatory requirement, but all candidates are invited to consider submitting a Personal Statement in support of their election. In the event of a ballot, these will be made available to voters to help them make informed choices.
The Returning Officer is entitled to refuse to publish any personal statement that is:- · In excess of 250 words; · Considered at his sole discretion to be illegible or contain material that is defamatory, obscene or unlawfully discriminatory. Note: You do not have to provide a personal statement if you do not want to. The Returning Officer shall exercise reasonable care in reproducing and publishing the personal statements, but accepts no responsibility for the accuracy or content of any statement published, or the views expressed therein. Uncontested Elections If there are an equal number of candidates to vacancies, the candidates nominated shall be declared elected unopposed. Where the number of nominations is less than the number of vacancies on any community council, they will be held and added together with all nominations received during the second nomination period in August. In an election for a new Community Council, if insufficient nominations (ie less than half the total) are received, no Community Council will be formed. All candidates will be advised personally of the outcome at each stage in the election process. Reminder Please ensure your nomination form has been completed correctly following the above instructions and return to the address below not later than 12 noon on Thursday, 12 JUNE 2008: The Returning Officer Clackmannanshire Council Administration and Legal Services Greenfield Alloa FK10 2AD Before returning your nomination form, please check that you and your subscribers have completed all the relevant parts and that you have all signed the form. Incomplete forms may have to be returned and may mean you miss the deadline for submission. Next Stage The Notice of Election (inviting nominations in respect of all community councils where nominations already received are less than the vacancies available) will be republished on Thursday, 7 August 2008. The final time for receipt of nominations in this second stage will close at 12 noon on Thursday, 21 August. At the conclusion of the second stage: Where the total number of nominations received during the first and the second nomination period are less than the number of vacancies available, all candidates will be declared elected unopposed. The community council will then be able to co-opt members to fill the vacant places following a process agreed with Clackmannanshire Council. Where the total number of nominations received during both nomination periods exactly match the number of vacancies available, all candidates will be declared elected unopposed. In the unfortunate case where the total number of people elected to a Community Council (adding those elected this period to those still serving their term of office) falls below 7 (or six in the case of Muckhart), the existing Community Council will be disbanded. Contested Elections Where the number of nominations exceeds the number of vacancies on any Community Council, all nominations will be held until the ballot period in September 2008. This will involve a poll in your area, and this will be advertised throughout the local community. Count and Declaration The count in any ballot will be conducted as soon as possible following the close of poll. General Information All local Community Councils are required to adhere to requirements as laid down in Clackmannanshire Council’s ‘Scheme for the Establishment of Community Councils’, ‘Code of Practice’, ‘Constitution’ and ‘Communication Protocol between Clackmannanshire Council and Community Councils’ documents. Copies of these documents are available on request from Clackmannanshire Council, Administration and Legal Services, Greenfield, Alloa, FK10 2AD. No Community Council member may remain in office for more than four years without standing for election. At least 50% of the total number of places available on each existing community council will be offered up for election at each biennial regular election. This number will include:- · Any places not filled at the last regular election; · any places presently filled by a co-opted member; · any ‘two year’ term appointment confirmed at the last regular election; · any places becoming vacant as the result of individuals reaching the end of their term of office. Note: Vacant places and co-opted places may add up to more than 50% of the total possible membership. Where this occurs, it will be important to ensure that term of office requirements are followed to ensure the continuation of the 50% rule in future years (ie the term of office must attach to the place on the community council, not the occupant of that place). Terms of Office Because the regular elections involve on each occasion one half of the total places on the Community Council, it is important to maintain a constant date in relation to expected terms of office. We must however also recognise that Community Councils are likely to organise their Annual General Meetings for a date following the end of the election period. It is important that those who are at present Community Council members, particularly office bearers, can be assured that they will retain the power to speak and act at the AGM (which must occur within one month of the date on which a result would have been declared had there been a ballot). For administrative purposes therefore the commencement date for the term of office for newly elected Community Council members will be the ‘declaration date’ as per the election timetable. However, for practical purposes newly elected Community Council members will only succeed to their new role as from that date, or the date of the AGM in election years, which ever is the later. This approach allows existing Community Council members to participate in the AGM whether or not they are re-elected, and also ensures that newly elected members have the opportunity to be nominated as potential office bearers at the AGM. For the purpose of the elections in 2008, the declaration date as per the election timetable is Thursday, 25 September 2008. If you have any queries regarding the election process, please do not hesitate to contact the Returning Officer’s staff on Tel: 01259 452112/2103 or e-mail: adminservices@clacks.gov.uk.
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