Resignation?

[Merseymike]

www.wigantoday.net/news/politics/independent-councillor-in-resignation-u-turn-1-8949472

Will he have to stand again or can his resignation be withdrawn?

[Davıd Boothroyd]

Jan 10, 2018 15:16:13 GMT Merseymike said:

www.wigantoday.net/news/politics/independent-councillor-in-resignation-u-turn-1-8949472

Will he have to stand again or can his resignation be withdrawn?

Local Government Act 1972, s. 84:

"A person elected to any office under this Act ... may at any time resign his office by written notice delivered ... to the proper officer of the council; ... and his resignation shall take effect upon the receipt of the notice by the person or body to whom it is required to be delivered."

I think we've covered this for parish councillors; the law isn't any different for principal authorities. The law does not make any provision for giving in a notice of resignation to take effect on a future date. Council officers can choose to say that they have not received a post-dated letter until the date on it, but once a letter of resignation has been received by the Chief Executive, that's it. When councillors write things like "I hereby resign my seat effective on 20 February" the Chief Executive is empowered to ignore everything after "seat", and arguably under a legal obligation to do so.

[carlton43]

Yes. This thread must sum up how many feel in each of the major parties.

[finsobruce]

Jan 10, 2018 15:16:13 GMT Merseymike said:

www.wigantoday.net/news/politics/independent-councillor-in-resignation-u-turn-1-8949472

Will he have to stand again or can his resignation be withdrawn?

if he put it in writing to the relevant officer, it can't be withdrawn.

[yellowperil]

If the resignation has been put in writing to the relevant officer, I agree there is no way that can be reversed. It then depends whether there is any sympathy/support for this Indy councillor/candidate. At one extreme there could be a move not to stand against him, which could mean an unopposed re-election, which could minimise the expense, among other considerations. If we go to a full scale election, will the ex-councillor be prepared to take his second thoughts on remaining a councillor to the point of fighting a full scale battle?

[beastofbedfordshire]

One for Amazing Ignorance & Stupidity I would've thought

[greatkingrat]

Here is Cllr Steve Jones's statement on the matter.

Resignation withdrawal

So many residents have asked about me resigning on the 20th of February, because last week I was not in a good place due to suffering with depression which has a lot to do with actions of Wigan council and the stress it has put on myself and my family. Wigan Council know this and tried to use this against me to resign. They wanted me to resign on the day. However, because I am still in the middle of some residents issues and also financial commitments, they agreed as long as I intended to resign on the 20th of Feb then they would be OK with that. (E-mails to prove this)
So after I was let out of the room where I was bullied and got home to my partner, many residents contacted me about the matter. I was wrong to have allowed Wigan council to bully me and prematurely announce that I would be resigning.
With that I am thankful for all the support and help my local constituents have given me over these last few days but I now do NOT intend to resign as your independent councillor on the 20th Feb 2018.
However, the bully boys in Wigan Council do not like this and have effectively sacked me and they are saying I have resigned as of the 5th January 2018. THIS IS FALSE. Yes, it was my intention to do that on the 20th Feb in a moment of weakness. I honestly believe I was doing the best thing for the loved ones around me, but I will now not be doing that. Wigan Council have said "you will have to take us to court to stop us illegally sacking you" but i intend to fight and with your help and support we can beat the bullies. This is all because I questioned possible corruption within the council. I'm sorry to my supporters for earlier intention to resign thus will not happen again. I am still your Councillor what ever they try to say.

Thank you once again

[gwynthegriff]

Jan 10, 2018 15:24:22 GMT Davıd Boothroyd said:

Jan 10, 2018 15:16:13 GMT Merseymike said:

www.wigantoday.net/news/politics/independent-councillor-in-resignation-u-turn-1-8949472

Will he have to stand again or can his resignation be withdrawn?

Local Government Act 1972, s. 84:

"A person elected to any office under this Act ... may at any time resign his office by written notice delivered ... to the proper officer of the council; ... and his resignation shall take effect upon the receipt of the notice by the person or body to whom it is required to be delivered."

I think we've covered this for parish councillors; the law isn't any different for principal authorities. The law does not make any provision for giving in a notice of resignation to take effect on a future date. Council officers can choose to say that they have not received a post-dated letter until the date on it, but once a letter of resignation has been received by the Chief Executive, that's it. When councillors write things like "I hereby resign my seat effective on 20 February" the Chief Executive is empowered to ignore everything after "seat", and arguably under a legal obligation to do so.

I hesitate to suggest DB is in error, but in the case of parish councillors I believe Sn.84 requires "written notice delivered ... to the chairman".

That is certainly the advice I have given to members.

[gwynthegriff]

Jan 10, 2018 20:30:49 GMT greatkingrat said:

Here is Cllr Steve Jones's statement on the matter.

Resignation withdrawal

So many residents have asked about me resigning on the 20th of February, because last week I was not in a good place due to suffering with depression which has a lot to do with actions of Wigan council and the stress it has put on myself and my family. Wigan Council know this and tried to use this against me to resign. They wanted me to resign on the day. However, because I am still in the middle of some residents issues and also financial commitments, they agreed as long as I intended to resign on the 20th of Feb then they would be OK with that. (E-mails to prove this)
So after I was let out of the room where I was bullied and got home to my partner, many residents contacted me about the matter. I was wrong to have allowed Wigan council to bully me and prematurely announce that I would be resigning.
With that I am thankful for all the support and help my local constituents have given me over these last few days but I now do NOT intend to resign as your independent councillor on the 20th Feb 2018.
However, the bully boys in Wigan Council do not like this and have effectively sacked me and they are saying I have resigned as of the 5th January 2018. THIS IS FALSE. Yes, it was my intention to do that on the 20th Feb in a moment of weakness. I honestly believe I was doing the best thing for the loved ones around me, but I will now not be doing that. Wigan Council have said "you will have to take us to court to stop us illegally sacking you" but i intend to fight and with your help and support we can beat the bullies. This is all because I questioned possible corruption within the council. I'm sorry to my supporters for earlier intention to resign thus will not happen again. I am still your Councillor what ever they try to say.

Thank you once again

There is clearly a lot more to this than a conventional resignation.

[Davıd Boothroyd]

Jan 10, 2018 21:13:41 GMT gwynthegriff said:

Jan 10, 2018 15:24:22 GMT Davıd Boothroyd said:

Local Government Act 1972, s. 84:

"A person elected to any office under this Act ... may at any time resign his office by written notice delivered ... to the proper officer of the council; ... and his resignation shall take effect upon the receipt of the notice by the person or body to whom it is required to be delivered."

I think we've covered this for parish councillors; the law isn't any different for principal authorities. The law does not make any provision for giving in a notice of resignation to take effect on a future date. Council officers can choose to say that they have not received a post-dated letter until the date on it, but once a letter of resignation has been received by the Chief Executive, that's it. When councillors write things like "I hereby resign my seat effective on 20 February" the Chief Executive is empowered to ignore everything after "seat", and arguably under a legal obligation to do so.

I hesitate to suggest DB is in error, but in the case of parish councillors I believe Sn.84 requires "written notice delivered ... to the chairman".

That is certainly the advice I have given to members.

I mean the process and rules are identical; it may be that the identity of the appropriate officer is different.

[Merseymike]

Jan 10, 2018 19:22:58 GMT yellowperil said:

If the resignation has been put in writing to the relevant officer, I agree there is no way that can be reversed. It then depends whether there is any sympathy/support for this Indy councillor/candidate. At one extreme there could be a move not to stand against him, which could mean an unopposed re-election, which could minimise the expense, among other considerations. If we go to a full scale election, will the ex-councillor be prepared to take his second thoughts on remaining a councillor to the point of fighting a full scale battle?

Given that he only beat Labour by a few votes in 2016 - not a good year - I can't see them giving him a clear run

[johnloony]

Jan 10, 2018 20:30:49 GMT greatkingrat said:

Here is Cllr Steve Jones's statement on the matter.

Resignation withdrawal

So many residents have asked about me resigning on the 20th of February, because last week I was not in a good place due to suffering with depression which has a lot to do with actions of Wigan council and the stress it has put on myself and my family. Wigan Council know this and tried to use this against me to resign. They wanted me to resign on the day. However, because I am still in the middle of some residents issues and also financial commitments, they agreed as long as I intended to resign on the 20th of Feb then they would be OK with that. (E-mails to prove this)
So after I was let out of the room where I was bullied and got home to my partner, many residents contacted me about the matter. I was wrong to have allowed Wigan council to bully me and prematurely announce that I would be resigning.
With that I am thankful for all the support and help my local constituents have given me over these last few days but I now do NOT intend to resign as your independent councillor on the 20th Feb 2018.
However, the bully boys in Wigan Council do not like this and have effectively sacked me and they are saying I have resigned as of the 5th January 2018. THIS IS FALSE. Yes, it was my intention to do that on the 20th Feb in a moment of weakness. I honestly believe I was doing the best thing for the loved ones around me, but I will now not be doing that. Wigan Council have said "you will have to take us to court to stop us illegally sacking you" but i intend to fight and with your help and support we can beat the bullies. This is all because I questioned possible corruption within the council. I'm sorry to my supporters for earlier intention to resign thus will not happen again. I am still your Councillor what ever they try to say.

Thank you once again

I doubt if that is precisely what Wigan Council said. It is perhaps more likely that Mr Jones is a booliak.

[johnloony]

Update

www.wigantoday.net/news/politics/police-on-hand-as-security-beefed-up-for-wigan-council-meeting-1-8950788

[yellowperil]

In my usual naive way I had thought this might be a problem which might be resolved with a little give and take, but the story is obviously a bit more complicated and a lot more unpleasant than it first sounded. I was concerned about one aspect of the press report as it sounded as though there was an attempt to exclude the public from a full council meeting, but perhaps that was a bit of misreporting?

[andrewteale]

Wigan council have published a notice of vacancy and set a by-election date for 22nd February.

[Merseymike]

If he has resigned then he has resigned. Quite right that it should not be able to be withdrawn. Otherwise it would be used as an empty threat