A new councillor has lost his town council seat without ever taking it up.
And it’s all down to a legality.
On May 7 Michael Hutchinson was elected to Mirfield Town Council’s Battyeford ward for the Labour Party, but he then left the country to visit a terminally-ill family member in Canada.
His resulting absence from the annual council meeting means he did not make his formal declaration in time and is prevented from taking his seat.
The Town Council now faces the possibility of a by-election, which could cost around £5,000 to hold.
But Mr Hutchinson, a former councillor and mayor, said he knew he had to make a declaration but has still had no official notification of when he was supposed to make it.
He said: “I have received no notification of any meeting which I could have made my declaration at.
“I managed to contact the clerk afterwards and she said she didn’t have my email address so posted notification to me, but it’s not been received.
“Had it been received I still wouldn’t have been able to attend the annual meeting because I was in Canada visiting my sister-in-law and her husband, who is dying from cancer.”
Upon his return Mr Hutchinson discovered the situation he now faces, adding: “There is the issue of notification, or lack of, and then there is the issue of whether I can make my declaration, and I believe I should be able to.
“They should be allowed to use their discretion to allow me to make a belated declaration. If they don’t it violates the will of the electorate.”
Mayor of Mirfield Clr Vivien Lees-Hamilton explained: “We are bound by legalities and it means unfortunately Mr Hutchinson has disbarred himself from being a councillor.”
On the issue of notification, Clr Lees-Hamilton said the council’s clerk had asked Kirklees electoral services for contact details and was referred to the statement of nominations and an agenda was posted.
Clr Lees-Hamilton added: “On the Saturday after the election I contacted (new Labour councillor) Gary Bunton on Facebook as it was the quickest way to find him. I explained the date of the annual meeting, the need to sign on and invited him to the civic service. I asked if he could convey the message to Michael.
“I’m not without sympathy, but Mr Hutchinson has been a councillor before so it’s disappointing.
“He could have contacted the clerk, he could have called me at home before he went away and I would have agreed to an extra agenda item, asked for a special dispensation and put the matter before councillors to vote on.
“All we knew was that he had gone on holiday, not the circumstances.”
She says legally it’s now too late: “We are bound by the law, we have taken advice from the National Association of Local Councils and we’ve got no wriggle room. We could face a costly by-election.”
The Examiner asked the Town Council’s clerk for information and she said the legislation was clear.
It advises that the declaration must be made “before or at the first meeting” after a councillor’s election or “if the council, at that meeting so permit, before or at a later meeting fixed by the council”.
It adds: “...if he fails to do so his office shall thereupon become vacant.”
The Town Council now has a casual vacancy and is waiting to see if a by-election will be called, if not they will invite CVs for a co-optee member which Mr Hutchinson can apply for.
