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Governance Charter

Section 9 - Nomination & Election Process

Nomination Process

  1. Nomination Form completed and returned to the Clerk to the Trust Board
  2. Clerk circulates the nomination form and supports the decision making process to ensure compliance with regulation
  3. Members consider and decide on the nomination
  4. Chair of Members writes to the nominee with the decision
  5. Clerk informs the Members and Trustees of the Decision and appointment
  6. Chair of Members supports the induction process

PA to the Principal and Clerk to the Trust ensure that the new Member has access to the information and resources required and all DBS and Pecuniary Interest requirements are completed with the regulatory timeframe.

Correspondence is available in Section 10, here: https://consortiumacademy.co.uk/suffolk/primary/consortium-mat/site/pages/governance/governance/schemeofdelegation/section10-nominationelectiontemplates

Trustee Nomination Process

  1. Nomination Form completed and returned to the Clerk to the Trust Board
  2. Clerk circulates the nomination form to Trustees for their approval to submit the nomination to Members
  3. Clerk circulates the nomination form to Members and supports the decision making process to ensure compliance with regulation
  4. Members consider and decide on the nomination
  5. Chair of Members writes to the nominee with the decision
  6. Clerk informs the Members and Trustees of the Decision and appointment
  7. Chair of Trustees supports the induction process
  8. PA to the Principal and Clerk to the Trust ensure that the new Trustee has access to the information and resources required and all DBS and Pecuniary Interest requirements are completed with the regulatory timeframe.

Correspondence is available in Section 10, here: https://consortiumacademy.co.uk/suffolk/primary/consortium-mat/site/pages/governance/governance/schemeofdelegation/section10-nominationelectiontemplates

Local Governing Body Membership Nomination Process
The Academy Head and LGB follow the election process identified within this document for staff and parent governors.  For co-opted governors, the LGB must have evidence of discussion and agreement that the proposed Governor has the skills required for the LGB.

  1. The LGB member nominated as a result of the appropriate process completes the LGB nomination form and submits this to the Chair of Trustees via the LGB clerk
  2. The Chair of Trustees reviews the information submitted and, through delegation from the Trust Board will approve nominations subject to satisfactory completion of the forms, process and appropriate checks (DBS)
  3. The Chair of Trustees will communicate the decision to the LGB nominee, copying in the Chair of LGB, the Clerk to the LGB and the Academy Head.  It is the responsibility of the school to complete the appropriate checks and notifications with the regulatory timeframes.  It is the responsibility of the Chair of LGB to ensure that the induction process is carried out for all new LGB members.

The staff and parent election processes are detailed below:

Election of Staff Local Governors

Elections

The Consortium Multi-Academy Trust has determined the following process and procedure for the election of Staff Governors on the Local Governing Body.  It will be the responsibility of the Local Governing Body:

  1. To determine, for the purposes of an election of Staff Local Governors to the Governing Body, any question whether a person is

i) a parent of a registered pupil at the Schoolor

ii) paid to work at the School as a School teacher or otherwise

  1. To make all necessary arrangements for, and to determine all other matters relating to, any such election (except any requirement as to the minimum number of votes required to be cast for a candidate to be elected).

Qualifications and Disqualifications

National regulations determine the eligibility and disqualification relating to individuals holding a governance position.  The full list of criteria can be found in Section 10 here:  https://consortiumacademy.co.uk/suffolk/primary/consortium-mat/site/pages/governance/governance/schemeofdelegation/section10-nominationelectiontemplates and will be circulated with the letters and nomination forms when seeking Staff Governors to join a Local Governing Body.

Background Information

The term of office of Staff Local Governors is four years.  They retire on the completion of their term of office, but like other Governors they are eligible for re-election. 

It is the responsibility of the Academy Head to organise the Staff Governor nominations and elections.

Academy Heads should aim to complete the election before the next meeting of the Governing Body.  If a vacancy occurs, the vacancy should normally be filled as soon as possible, excluding the main School holiday periods.

Staff Local Governors shall cease to be a Governor if they cease to be employed at the School.

Staff who are nominated for election must be paid to work at the School on the date nominations are invited.

The Academy Head may propose, second and vote as appropriate in elections for Staff Local Governor(s).

The Academy Head will have overall responsibility for organising the election.  The Academy Head will undertake the duties of “returning officer”.  Any candidate may appeal to the CEO/Principal if he/she believes the election has not been conducted fairly.

The Election Procedure

Nominations should be submitted on a standard form.  A staff member may not nominate him/herself.  Each nomination should be supported by two members of staff, permanent or temporary.  Staff must be given a minimum of seven days for the return of nomination papers.  No staff member may nominate more candidates than there are vacancies available.

Persons nominated will be asked to give, on the nomination form, such details as they wish about themselves and their views in not more than 50 words, which will be included in the voting paper.

The voting paper is to be prepared in accordance with the standard format.

If the number of candidates nominated is the same or fewer than the number of vacancies, then any such candidates will be duly elected unopposed.  If, however, there are more candidates than vacancies, it will be necessary to proceed with arrangements for an election.

The ballot is to be secret and the Academy Head should ensure that each voting paper is stamped with a distinguishing mark when it is issued and a record kept to show who has received ballot papers.

Each staff member, including the Academy Head, will be entitled to cast one vote for one candidate only in respect of each vacant post.

Staff should vote in person or by post and no arrangements may be made for proxy voting.  The period allowed for voting should be one week.  During this period the ballot box should be kept in a secure place.  It should be sealed before any votes are cast and the seal should not be broken until the count.  All candidates should have the opportunity of witnessing the sealing and unsealing.  As far as postal votes are concerned, these should be collected at the School in their sealed envelopes and opened in the presence of candidates at the same time as the ballot box is opened.  The postal votes should then be added to the contents of the ballot box and counted in the normal way.

The Academy Head, as returning officer, should open the ballot box and count the ballot papers in the presence of the candidates.  All candidates have the right to nominate up to two other members of the staff to be present with them at the count. 

It is also for the Academy Head as returning officer to determine whether a spoilt voting paper is valid.  If necessary, further advice may be obtained from the CEO/Principal.

Election will be by simple majority vote.  In the event of a tie after a recount, the election shall be determined by the drawing of lots.  No other method of breaking a tie will be acceptable.

The Academy Head should inform staff of the result of the election by posting a notice on the School noticeboard. The number of votes for each candidate should be recorded and a copy forwarded to the Chair of Trustees.

The Chair of Trustees will then approve the election result, subject to ratification by the Trust Board at the next meeting following the election on receipt of the completed LGB Nomination Form.

Election of Parent Governors

Elections

The Consortium Multi-Academy Trust has determined the following process and procedure for the election of Parent Governors on Local Governing Bodies. 
It will be the responsibility of the Local Governing Body:

  1. To determine, for the purposes of an election of Parent Local Governors to the Governing Body whether a person is -

i) a parent of a registered pupil at the School or

ii) paid to work at the School as a School teacher or otherwise

  1. To make all necessary arrangements for, and to determine all other matters relating to, any such election (except any requirement as to the minimum number of votes required to be cast for a candidate to be elected).

Qualifications and Disqualifications

National regulations determine the eligibility and disqualification relating to individuals holding a governance position.  The full list of criteria can be found in Section 10 here: https://consortiumacademy.co.uk/suffolk/primary/consortium-mat/site/pages/governance/governance/schemeofdelegation/section10-nominationelectiontemplates and will be circulated with the letters and nomination forms when seeking Staff Governors to join a Local Governing Body.

Background Information

The Articles of Association determine that Local Governing Bodies will elect Parent Local Governors. Parent Governors are persons who are elected to the Local Governing Body of the School by parents of registered pupils at the School and who are themselves such parents at the time when they are elected.

It is the responsibility of the Academy Head to organise the Parent Governor nominations and elections.

Each Parent Local Governor shall from the date of their election hold office for a term of 4 years. Like other Governors, Parent Governors are eligible for re-election subject to the necessary criteria continuing to be fulfilled. 

Elections should be held when a vacancy occurs, either through expiration of the term of office or resignation of a Parent Governor.  Nominations should normally be sought as soon as possible, excluding the main School holiday periods.

Within these broad guidelines and those set out below, each Academy Head will be responsible for choosing appropriate dates for the distribution of the standard letters, for the return of nomination forms and the return of voting papers as the details will vary for each Academy School

It would not be appropriate to try to influence the nature of the nominations made or the votes cast for Parent Governors by referring to the desirability of appointing a due balance between men and women during the election process. 

Local Governing Bodies may wish to advise parents of particular skill sets required on the LGB at that time, but may not use this as a determining factor during the election process.

The Academy Head will have overall responsibility for organising the election.  The Academy Head will undertake the duties of “returning officer”.  Any candidate may appeal to the CEO/Principal if he/she believes the election has not been fairly conducted.

The Election Procedure

A standard letter prepared by the Academy Head enclosing or attached to a standard nomination form shall be sent out by the Academy Head via the children to all those registered with them as parents, inviting nominations for appointment to the Local Governing Body.  This means that it is possible for a child to have more than two parents eligible to participate in an election.

If the Academy Head has any query over the definition of a parent he/she should consult with the CEO/Principal.

Nominations must have the support of four proposers from amongst the parents of present pupils at the School and these proposers should sign the nomination form.  The person nominated must be the parent of a present pupil at the School and must countersign the form to indicate a willingness to stand.  A parent may not nominate him/herself.  No parent may nominate more candidates than there are vacancies available.

A minimum of seven days should elapse between the distribution of the letters via the children and the closing date for nominations.

Candidates should include on their nomination form their full name and address, together with such details as they wish to give about themselves and their views in not more than 50 words which will be included on the voting paper.

If the number of candidates nominated is the same as or fewer than the number of vacancies then any such candidates will be duly elected unopposed.  If, however, there are more candidates than vacancies it will be necessary to proceed with arrangements for an election.

The ballot is to be secret.  The Academy Head should draw up a voting paper in accordance with the standard format on which the names of the candidates are listed in alphabetical order.  The Academy Head should ensure that each voting paper is stamped with a distinguishing mark and that a record is kept of the number of voting papers issued.

Voting papers will be distributed on the basis of one paper per parent irrespective of the number of children they may have on roll at the date of distribution, eg mother and father with one child on roll – one voting paper for each parent; single parent with two children on roll – one voting paper; mother and father with three children on roll – one voting paper for each parent.

The voting papers will be distributed to all parents via their children or by post if the child is absent, and parents will have votes on each voting paper according to the number of Local Governors being elected.  There will be no proxy voting.

Voting papers should be returned to School by a set time on the prescribed day – not less than five clear School days should elapse between the distribution of the voting papers and closing the vote.

Parents may return voting papers to School personally by post or via their children.  As the ballot paper must be secret, parents returning their voting papers with their children should be advised that the voting papers should be returned in sealed envelopes.

Schools should record the number of voting papers issued and returned, but not how individuals have voted.

Responsibility for counting the votes should rest with the Academy Head who shall act as returning officer.  An opportunity should be afforded to each candidate or their nominee to be present when the votes are counted.  The Academy Head should determine the validity of any spoiled voting papers, after consultation if necessary with the CEO/Principal.

Election will be by simple majority vote.  In the event of a tie after a recount the election shall be determined by the drawing of lots.  No other method of breaking a tie will be acceptable.

The number of votes cast for each candidate should be recorded and sent to the Chair of Trustees.  Parents and Local Governors should be notified of those parents thus elected to the Local Governing Body, and a notice should be displayed in the School.

The ballot papers should be retained securely for six months in case the election result is challenged.

The Chair of Trustees will approve the election result, subject to ratification by the Trust Board at the next meeting following the election and receipt of the LGB Nomination Form to Trustees; and appropriate DBS checks being completed.

Nomination of Elected Chair and Vice Chair positions within an LGB

The LGB will elect a Chair and Vice Chair from their LGB members for a period of one academic year.  Elections will take place in the Autumn Term.

The LGB can chose to re-elect to those positions as long as the governor is willing to stand for a continued period.

Election is through a voting process.  Anyone willing to stand for the role should make their intention known to the clerk to the LGB.  At the point of election those nominated should leave the room and those remaining vote through raising their hand.  The Clerk will note the outcome of the vote.

Local Governing Body Chairs and Vice Chair positions are ratified by the Chair of the Trust Board.  The clerk to the LGB should notify the Chair of the Trust Board of the LGB election outcomes for ratification in the Autumn Term.

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