Curly's Corner Shop, the blog!

South Shields premier political blog

I resign!

with 3 comments

Oh no you don’t!

Seems that Independent Cllr. Mr. Allen Branley attempted to get himself off the hook over his non attendance at meetings of South Tyneside council by penning a letter of resignation full of spin and bluster, work commitments, busy schedule, but dealt with residents concerns none the less, etc. etc. (One wonders who actually wrote it?)

It was treat with complete disdain at the Town Hall.

As Alan Sugar might have said:

“You’re fired!”

Update

Brian T Scott, South Tyneside Council’s Head of Corporate Governance has confirmed to me by email that Mr. Branley is no longer a councillor, and that he submitted a letter of resignation five days after he ceased by law to be the councillor for Westoe ward.

Allen Branley has ceased to be a councillor for the Westoe Ward of South Tyneside Council.

Section 85 of the Local Government Act 1972 states that a councillor ceases to be a member of a Council if he fails to attend any meeting of the authority throughout a period of six consecutive months, unless the Council has approved the reason for the failure to attend within that period.  It is sufficient to attend the full Council meeting or a committee meeting to which a member was appointed.  There are exceptions for people serving in the Armed Forces.

Council records show that Mr Branley last attended a Borough Council meeting on 18th December 2008.  The Council had not been asked to approve a reason for the subsequent non-attendance.  He therefore ceased by law to be a councillor at the end of 18th June 2009.

Formally, the Borough Council must declare a vacancy.  This is a requirement of section 86 (1)(c) of the Act.  This will be dealt with at the July Council meeting.  The matter was too late to be included on the Council agenda this week.  The Council is obliged to do that and has no discretion.   That will initiate the process for holding a by-election to fill the vacancy.  After the Council resolution, we have to give public notice.  As returning officer, I am obliged to fix the date of the election, but I cannot do that until after the Council has made the formal declaration of a vacancy.

Mr Branley did submit a letter of resignation as a councillor on 23rd June 2009 but that was after he ceased to be a councillor.  A notice of resignation is not effective until the Proper Officer of the Council receives it.

I hope this clarifies the matter.

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Written by curly

June 23, 2009 at 4:11 pm

3 Responses

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  1. Gazette has finally broken the ‘news’ They’ll be reporting the sinking of the Titanic next.

    Dee

    June 25, 2009 at 5:26 pm

  2. […] to insist that this communication was delivered before Mr. Branley was removed from the council. In this post I revealed that South Tyneside’s Head of Corporate Governance confirmed that Mr. Branley could […]


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