Co-Option procedure

[Independent member]

I wonder if someone can advise me on a sensitive situation.

Our Parish had 2 positions available and received 8 applicants. For one of the councillor places an applicants form had not been received by the clerk in time for the meeting. The applicant then contacted a relative to e-mail a copy to one of the sitting councillors Blackberry, this was then deemed as in receipt and the applicant was co-opted against other applicants who attended and whose form had been given to councillors in advance.
Should this be allowed?

[Crewcut]

I would say most definatly this should not be allowed.
I wonder if your council even followed correct procedure in advertising the co-option vacancys, they should have given a closing date well prior to the Council meeting and a copy of all applications should have been sent to all councillors with the calling notice and agenda with the statutary 3-5 clear days notice of a meeting. This is to allow all councillors to have time to read all necessary paperwork applicable to the meeting in advance. If this is not the case then the meeting becomes Ultra Vires (beyond the scope or in excess of legal power or authority) as they are not in a postion to discuss the item with all relevent knowledge.
This make the whole meeting illegal and any decisions/resolutions made also illegal, our Parish Council won a court case on this point in 2008.
If you require further confirmation I suggest you ring your Borough Council and ask to speak to the Monitoring Officer for your Parish Council (may only be one that covers all PC's in the Borough) he/she should be able to confirm this post.
Hope you get it sorted.
Crewcut