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3.1 Option 1: To grant the requested authorised absence for Councillor N A G Richards.
PASSED
Evaluation of Options
Option 1: If the Council were to grant the request for authorised absence it would
enable Councillor N A G Richards to resume his duties as a district councillor at a
time that he felt able to do so.
5. Resource Implications
5.1 In normal circumstances, were Council to not agree to the authorised absence
request there would be a by-election triggered for the Buckland Ward upon the
councillor reaching the date of six months of consecutive non-attendance. There
would be the resultant costs of holding a by-election in the Buckland Ward resulting
from this.
5.2 However, due to the proximity to the date of the full council election on 2 May 2019 it
should be noted that the provisions of section 89(3) of the Local Government Act
1972 would apply as follows:
"Where a casual vacancy in any such office occurs within six months
before the day on which the councillor whose office is vacant would
regularly have retired, an election shall not be held under subsection (1)
above unless on the occurrence of the vacancy (or in the case of a number
of simultaneous vacancies, the occurrence of the vacancies) the total
number of unfilled vacancies in the membership of the council exceeds one
third of the whole number of members; and where an election under
subsection (1) above is not held, the vacancy shall be filled at the next
ordinary election."
5.3 The Team Leader Electoral Services has advised that this date beyond which a byelection
would not be held is 7 November 2018. On this basis, there would be no
resource implications regardless of whether or not the Council agreed the request for
an authorised absence.
5.4 Councillor
N A G Richards would continue to receive the Basic Allowance
during his
period of authorised absence as this cannot be removed from him.
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