Since changes to the regulations in 2003, the Governing Body has been free, should it wish, to adopt a more informal process to the election of Chair and Vice-Chair. Prior to 2003, elections required the Clerk to the Governing Body to advise each governor annually of the election of officers and to seek formal nomination for the positions.
Since the changes in 2003, the Governing Body can elect to take nominations for Chair and Vice- Chair at a meeting of the Governing Body, dispensing with the need for nominations to be made prior to the meeting and dispensing also with the need for a secret ballot. The election of a Chair of Governors can be for a period of up to four years but must not be for less than one year.
In short the manner and process in which the Governing Body seeks nominations and appoints their officers is very much for each Governing Body to determine.
That said, this freedom does not allow for a change regarding where and how decision making takes place. The Governing Body must meet and the decision relating to appointments must be made in the Governing Body meeting by those present and voting. The Governing Body must be quorate. Officers cannot be “elected” informally, by letter, e-mail or by proxy voting, no matter how convenient this may appear.
Other points that must be born in mind are:
- There is no longer a requirement for the Chair to be appointed at the first meeting of the Governing Body in a new school year;
- Appointment to the Chair can be made at any time during the year as the Chair becomes vacant;
- Appointments to the chair should be made at the first meeting following notification that the Chair is vacant;
- The Chair must resign their position if they accept a paid appointment at the school.
This guidance was last updated in August 2009.
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