Clerk altered minutes and paid self extra hours

Question

It has come to our attention that the clerk emailed the payroll company requesting extra hours to be paid to herself, from her clerk@ email address, and typed at the end, “Regards, Chairman on behalf of X Council”. As the chair I had not seen this nor approved it.

When I queried it she informed me she had been given delegated powers and I asked for the documentation to support this.  She sent me minutes form 18 months back which provided these powers up until a very specific date - the very date she requested the extra hours be paid for her as detailed above.  I checked that these were the minutes as recorded on the parish website and they were.  However, it didn’t make sense as I could not understand why the previous council would delegate these powers, before lock-down, for such a long period and to such a specific date.

We’re in the process of building a new website and all the documentation on our existing website has been mapped over to it although it hasn’t gone live yet.  I compared the March 2020 minutes (which had been mapped from the existing site) to those in the not yet live website, and it was clear that the ones provided by the clerk via email, and those on the existing website had been altered to say these powers had been delegated.  The IT company confirmed that the minutes on the existing website had been accessed 3 hours previously.  In fact, by the time the IT company checked the minutes had been entirely removed from the existing website.

The clerk had earlier in the day submitted her resignation providing a months notice, but the council agreed that she should be suspended pending an inquiry to falsifying an email message requesting extra hours for herself and making it look like the chair had requested it, as well as altering published minutes.  These acts fall within the realms of criminal offences.

We advised her by telephone and email, and have suspended all her access.  She has since advised she is resigning immediately.

The questions are;

1.  Is it incumbent on the council to report this to the authorities given we as a council are now aware that, potentially, crimes have been committed?

2.  Despite her resignation with notice, she remains an employee during the notice period and therefore she is still subject to HR procedures and so the suspension is lawful.  However, do we accept the immediate resignation?

Answer 1

After a problem with our accounts came to light a few years ago, our clerk made an immediate report to the Auditor, who gave some good advice on how to proceed as well preventing a rap over the knuckles at a later date.
Advice from your monitoring officer might help, as well as a discussion with your ALC, which will allow for some legal advice which I think your will be needing.

Altering minutes is a serious offence in itself. I know of a councillor who was accused of doing this and a full blown investigation was conducted by the monitoring officer and an independent inspector. Fortunately there was no case to answer in this incident, but it shows how seriously the monitoring officer took the allegation.

Comments

Thank you so much. Our LCA is helping.  It’s an unpleasant time at the moment.

Answer 2

If someone resigns immediately then they have terminated their employment. It would be wise to follow up with a letter confirming the resignation and date effective. You should ensure that all Council paperwork/equipment etc is returned or collected; this could form part of the letter together with confirming any outstanding payments that have to be made.  Finally I would recommend that passwords are changed. What a saga but sadly not unusual.

Comments

Thank you .  All done

Answer 3

My understanding is that even if the Clerk resigns, as she was an employee at the relevant times, she can still be subject to an investigation and possible dismissal for gross misconduct. This may be important if you are asked for a reference in the future.

Comments

As a former HR professional who had a Clerk saga quite recently this is only if working notice. Once gone they're gone. As for future employment references professional advice should be taken. Badza I would speak with your local CALC for advice and support with this.

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Thank you.  Yes the suspension was provided on the same day, and just after, the resignation was tendered.  I agree that as an employee, despite the notice of resignation, the clerk is still subject to HR procedures.  She then submitted an immediate resignation notice to replace the first one, which we accepted but advised that the issues surrounding unauthorised payments and tampering with approved minutes remain issues we need to take advice on as far as possible ongoing action

Answer 4

I should imagine this is the tip of an iceberg, you need to recruit a new Clerk and carry out a full review of your finances

Comments

Good advice. Probably an audit too.  Worrying

Answer 5

Of course what appears to be missed here is how such a position materialised in the first place. Over the last few years with the growing influence of NALC and their county affiliates there has been a genuine move to indoctrinate Clerks that they" are in charge". Whilst such a doctrine may be reinforced by a "lazy " council who are acquiescent in passing power and decision making to their clerk it leaves them wide open to loosing control and sight of what they were elected for.

The council are THE only decision makers and the clerk is there to advise on legal and procedural matters and facilitate the wishes and orders of the council.

Councillors do YOUR job correctly and few problems will come to haunt you.

Comments

Could not agree more there seems go be a shift toward management and from as you say the decision making councillor, more worryingly is the `levelling up` agenda and the free labour at source.

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As usual Mentorman you’ve hit the nail on the head
As I’ve said before maybe we should throw the towel in follow the American example and elect a Clerk every four years

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Mentorman has indeed  hit the nail on the head - some clerks are so indoctrinated with the belief that they are in charge anyone who dares to question even the slightest thing is basically threatened in one way or another , so it's not so much as a lazy council but a fearful one.

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I know of a Parish Council where the Clerk prepares the Budget without reference to the Councillors and it’s considered a personal attack on the Clerk if anyone raises questions at the Budget meeting