Can the Chair and VC appoint a new clerk without agreement of the rest of council?

Question

1) The new PC was appointed by the Chair and VC pay etc were not discussed or agreed by the rest of the Cllrs and the matter was presented as job done - is this correct procedure?

2) In our last meeting the Chair and Clerk presented payments for ratification which included a £3000 + gratuity for the clerk who was leaving - reflecting that no additional information was shared. Is it normal for a clerk to get this?

Answer 1

No and no. Its absolutely not the correct procedure in any way shape or form. Totally unacceptable on both counts.

The council employs the Clerk and as such ots a council decision who to appoint, who to pay and whether there is a gratuity or bonus. Normally this is done via an appointed personnel committee who have the authority to undertake the employment process.

Unbelievable.

Answer 2

You may like to check the outgoing clerks contract - it has been known that some clerks used to have gratuities written in to their contract payment on resignation or retirement.

Has the appointment gone through a staffing committee, it could be a temporary appointment to cover meetings whilst checks and references are done, then the council agrees to make it permanent or is it an interim  locum

Comments

I'm jumping in on this thread (sorry) but if any consolation this happened at my Council last year. Chairman & VC in cahoots. IMO this is where external guidance is warranted as too many employment laws etc. I really feel for you.

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ACAS will always give out advice

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Agree but sadly out Chairman and VC wouldn't know what ACAS was

Answer 3

Your chair and v chair appear to have acted unilaterally and possibly beyond their authority.
Even if the 2 of them are the HR / employment committee it should not be the case that they are authorised to act for the PC in such an important matter.
A committee may make a recommendation to PC but it should be a PC vote.

Best check your SOs to see exactly who is appointed and what authority is delegated to them.
The PC should not be bound by such actions if they are unilateral.

They have held themselves out as representatives of the PC and could have inferred unfair advantage upon 1 t and unfair disadvantage upon others (potential job applicants.)

On the one hand this appears to be a clear case for monitoring officer to investigate code of conduct breach.
Also, if sufficient Cllr’s are agreed, a rescission vote could reverse it.

Similarly of concern - the person that has been appointed is likely to have known that the procedure for their engagement is potentially unlawful and inappropriate.  That's not a good candidate to be taking responsibility for future corporate compliance, proper officer and RFO responsibilities.

Comments

Yikes our Chairman and VC appointed a local Town Clerk for our small Council!

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Well, on the plus side - I guess it ‘could’ be argued that if they are already a town clerk then perhaps they are qualified and experienced.
On the minus side, the appointee absolutely MUST have recognised / realised that their recruitment did not follow accepted procedures and could potentially have been unlawful.
Maybe that was set aside in their mind as they sought to expand their influence and income.
An existing clerk ABSOLUTELY should know what correct and appropriate process ‘looks like’ to have willingly ignored it for personal gain presents a self explanatory picture.

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Agree & thank you. So far all would appear okay..fingers crossed