Community Poll Guidance
Introduction
A Community Poll is a means of asking local electors a question on a matter which specifically affects their particular community. The result can be used to gauge local opinion and whilst it does not compel aCouncil to abide by the outcome ofthe poll, the Councilmust consider the result of the Poll and inform the electors who requested the Pollof what actions, if any, it intends to take.
The provisions regarding Community Polls are governed by law.
What type of questions can be asked?
The question should be clear and unambiguous, and seek a “Yes” or “No” response. It should not be a leading question and shouldnot be vague or contain ‘double-negatives’.The questionshould be worded in such a way that it can be answered witha “Yes”vote in favour of a proposal or issue.
The question must relate to “community affairs” or any function legally conferred ona community council or community meeting. A community affair may be any local issue, activity or subject matter which specifically affects a particular community. In our view, this excludes any question affecting the whole of Cardiff.
The question must alsorelateto a matter whichthe Council or Community Council has the legal power to do something about. Therefore, the question should not be about a matter which is the responsibility of central government.
Which community am I a part of and does it have a Council?
A Community Poll asks a question of a specific community of people. The City and County of Cardiff is split up into 32 ‘community areas’ and each is given a name to reflect the area it corresponds to. Whilst every area of Cardiff is represented at a local level by Cardiff County Councillors, only 6 of the 32 community areas have additional representation called a Community Council.
You can request a Community Poll regardless of whether or not you have a Community Council, but if your community area has a Community Council, the Poll may be organised through the Community Council.
The 6 areas with Community Councils are Lisvane, Old St Mellons, Pentyrch, Radyr & Morganstown, St Fagans and Tongwynlais.
You may find out the name and the area covered by your community by accessing by contacting Electoral Services.
How do I requesta Community Poll?
Step 1: Arrange a Community Meeting
A Community Meeting needs to be convenedto requirea Community Poll to be held. A Community Meeting can be convened either:
- Through the Community Council for the community
- By either the chairman or by two councillors of the Community Council
OR
- By a group of local government electors for the community
- If requested by at least 50, or10%, of the local government electors of the community
If the request is made by a group of local government electors (rather than through a Community Council), the convening request must be given in writing to the Community Council, if one exists, or to Cardiff Council if there is no Community Council for the area. (NB. Cardiff Council may also receive the request by email.)
The convening request must include:
- the name, address and signature of all persons requesting the Community Meeting (exceptions apply to anonymously registered electors)
- the business which is proposed to be discussed at the Community Meeting ie the matter to which the proposed Pollrelates
- the proposed time and place at which the meeting is to be held.
Please note that the actual time and place of the Community Meeting must be confirmed by the Council, after the Council has confirmed the validity of the convening notice (please see below). However, the Council must take account of your proposed time and venue.
You should also note that the time of the proposed Community Meeting must not be earlier than6pm and that the meeting must not be held in premises used for the supply of alcohol, unless no other suitable premises are available.
The Council’s response – Public Notice of the Community Meeting
Once the convening request has been received, the appropriate Council (Cardiff or the Community) mustcheck the validity of the request by confirming that all signatories are local government electors for the community and that all the information stated above has been included.If the Council considers thatthe convening request is not valid, it must notify youof the reasons for this.
If the Council is satisfied that the request is legally valid, the Council must (within 30 days of confirming the validity of the request) publish a public notice stating the actual time and place that the Community Meeting will be held. There mustbe at least 7 clear days between the publication of the notice and the date on which the Community Meeting is to be held.
Step 2: Ahead of the Community Meeting
At the Community Meeting you will need to be able to verifythat the persons attending are valid local government electors. Cardiff Council’s Electoral Services officers will attend the meeting to check this for you.
A note of the meeting will need to be recorded in the correct book of minutes. If there is a Community Council for your area, you will need to contact the Clerk to the Community Council to make arrangements for the minutes to be recorded. If there is no Community Council for your area, Cardiff Council will take minutes of the meeting.
Step 3: Holding the Community Meeting
The Community Meeting is responsible for regulating its own proceedings and business, subject to compliance with the Local Government Act 1972. The key requirements are set out below, and Council staff will be available to offer guidance, but you must seek and rely on your own legal advice if necessary.
Each local government elector attending the Community Meeting has one vote on any question to be decided at the meeting; and any question must be decided by the majority of those present and voting.
A Chairman must be appointed to chair the meeting. If a Community Council exists and the Chairman of that Council is at the Community Meeting, he/sheshallbe the Chairman of the meeting. Otherwise, the electorsattending the meeting mustappointa Chairman. The Chairman has a number of duties, specifically:
- To chair the meeting
- To guide the meeting to choosing a clear, unambiguous and non-leading question
- To announce the result of any vote
- To cast a deciding vote in the event of a tie
- To sign the minutes at the end of the meeting
- To promptly notifyCardiff Council ofanydemand for aPoll and the relevant details of the Poll (see Step 4, After the Community Meeting, below)
Demand for a Community Poll
A Community Poll may be demanded during the Community Meeting on any question that arises at the meeting, if:
- a Poll is demanded by a majority of the local government electors present at the meeting AND
- the electors demanding the Poll total at least150, or 10%, of the local government electors for the community
Once a Community Poll has been validly demanded, it cannot be withdrawn.
Poll Question
The Community Meeting must agree the wording of the question to be asked in the Poll.
As noted above, the question should:
- be clear and unambiguous
- not be a leading question, vague or contain ‘double-negatives’
- seek a “Yes” or “No” response
- be worded so that it can be answered with a “Yes” vote in favour of a proposal or issue
- relate to community affairs, ie. something specifically affecting the particular community
- relate to matters within the responsibility / powers of the Council or Community Council
One person shouldformally propose the question (also referred to as ‘the resolution’). The proposer of the question that is agreed by the Community Meetingbecomes a key figure in the subsequent Poll. The proposer’s name and address will be recorded in the minutes and published on the Notice of Poll and they are entitled toattend the count of the votes cast.
Minutes of the meeting must be drawn up and entered into the Council’s minute book. The minutes must be signed at the end of the meeting by the Chairman.
Step 4: After the Community Meeting
The book of minutes must be returned to the appropriate Council.
The Chairman of the meeting must promptlynotify Cardiff Council of the demand for a Community Poll, the wording of the question, the name and address of the proposer of the question and the date of the Community Meeting.
If the Council is satisfied that a Community Poll has been validly demanded, in accordance with the law, the Council will appoint a Returning Officer for the Poll and will arrange for the Poll to be heldbetween 14 and 25 working days after the demand for the Poll.
A public notice of the Community Poll will be displayed in the community area giving at least 5 working days notice of thepolling day.No poll cards will be produced.
The arrangements for a Community Poll are governed by law, specifically, the Parish and Community Meetings (Polls) Rules 1987.
What happens on polling day?
The Poll of all local government electors for the community will be taken by ballot in accordance with the Parish and Community Meetings (Polls) Rules 1987.
The polling station will be open for voting between 4pm and 9pm on Polling Day.
Voters may only vote in person at the designated Polling Station, as postal and proxy votingis not allowed at Community Polls.
Entry to the Polling Station during voting hours will be granted only to the Returning Officer of the Poll andhis/herstaff, the voters and the proposer of the question.
When polling finishes at 9pm, the votes will be counted, often in the main Polling Station. The votes will be counted by the Returning Officer’s staff in the presence of the proposer of the question, if they choose to attend, and any other person that the Returning Officer chooses to invite. When the count is complete the result will be announced. (There is no right to call for a recount and no requirement for the Returning Officer to confer with the proposer of the question before declaring the result.)
What happens after the Pollhas taken place?
If the majority of those voting were not in favour of the question, no further action will be taken.
If the majority of those voting were in favour of the question:
The Returning Officer is required to notify the Monitoring Officer of the Council.
The Monitoring Officer will then decide which Council or Councils are responsible for the matters to which the question relates and will formally notify the relevant Council/s.
If the question relates to functions within the responsibility of a Community Council, the Community Council is required, within a period of 6 weeks, to consider what action (if any) it should take in response to the Community Poll. The Community Council is also required to notify the electors who convened the Community Meeting at which the Poll was demanded, of what action (if any) the Community Council intends to take in response to the Poll.
If the question relates to functions within the responsibility of Cardiff Council, the Council is required,within a period of 2 months, to take one of a number of prescribed actions to respond to the Poll (pursuant to section 33B of the Local Government Act 1972). The Council is also required to publish notice describing the action taken and any further action it intends to take.
Costs
The costs involved in holding a Community Poll (usually several thousand pounds) are rechargedto the Community Council for the area, if one exists. For areas with no Community Council, the costs of the Poll are borne by Cardiff Council.
Legislation
Local Government Act 1972, Section 99 and Schedule 12, Part V
The Parish and Community Meetings (Polls) Rules 1987 (SI 1987/1)
The Local Government (Wales) Measure 2011, Sections 88 to 99 (community meetings and community polls)
County Clerk and Monitoring Officer
February 2014
Prepared by: Electoral Services, Room 206, Cardiff Council, County Hall, Cardiff CF10 4UW
Tel: 02920 872034
Email: ge 1 of 6