CLACKMANNANSHIRE COUNCIL

Report to Council of September 27th 2007

Subject: Elections - Appointment of Returning Officer

Prepared by: Rod Richardson, Administration & Legal Services.

1.0SUMMARY

1.1.The Council has an obligation to appoint an officer of the authority to act as Returning Officer for the purpose of election management and the delivery of related services. The appointment is a personal one and is not linked to any particular council post.

1.2.With the recent retiral of Keir Bloomer from his position with the Council, a vacancy for a Returning Officer was created. The purpose of this report is therefore to invite Council to confirm a replacement Returning Officer.

2.0RECOMMENDATIONS

2.1.The current Chief Executive, David Jones, has indicated that he is willing to accept the responsibilities of Returning Officer. Council is therefore invited to confirm his appointment to the role.

3.0BACKGROUND

3.1 The Representation of the People Act 1983 (RPA 1983) requires every local authority in Scotland to appoint a Returning Officer (RO) for each election of councillors for the authority (Section 41(1) refers).

3.2 By virtue of this appointment, the holder also automatically becomes responsible for discharging the duties of RO at UK Parliamentary elections, Scottish Parliamentary elections, and those of the Local Returning Officer (LRO) for European Parliamentary elections within the designated constituencies (Section 25(1) ).

3.3 The appointment as RO is personal and is not directly related to any specific Council post. Historically, Clackmannanshire, in common with most(but not all) Scottish Councils has offered the role of Returning Officer to the Chief Executive.

4.0Relationships – RO and Council

4.1.The Council’s role in hereis restricted to the appointment of the Returning Officer, and to the appointment of a replacement if the person appointed ‘dies, resigns or is for any other reason unable to act’.

4.2.Once appointed, the Council is required to place at the disposal of the RO the services of staff and other resources for the purpose of assisting with the discharge of their responsibilities.

4.3.The RO is not accountable in any way to the Council for their actions in respect of the official conduct of an election. It therefore follows that the Councilcannot direct or give instructions to the Returning Officer on how to carry out any aspect of the election process.

5.0CONCLUSIONS

5.1.The Council has an obligation to appoint an officer to act in the capacity of RO and the purpose of this report is to secure confirmation of that appointment.

6.0SUSTAINABILITY IMPLICATIONS

6.1.Community Participation –

  • Encourage local action and decision making
  • Improve the sense of community
  • Promote citizenship

7.0FINANCIAL IMPLICATIONS

7.1.There are no financial or direct staffing issues arising.

6.2.Declarations

(1)The recommendations contained within this report support or implement Corporate Priorities, Council Policies and/or the Community Plan:

  • Corporate Priorities (Key Themes) (Please tick )

Maintaining an Effective Organisation√

  • Community Plan (Themes) (Please tick )

Community Safety 
Economic Development
Environment and Sustainability
Health Improvement

(2)In adopting the recommendations contained in this report, √
the Council is acting within its legal powers. (Please tick )

(3)The full financial implications of the recommendations contained√
in this report are set out in the report. This includes a reference
to full life cycle costs where appropriate. (Please tick )

______
Head of Service

______
Director

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