Do councillors have to authorise salary payments at meetings and can they refuse to?

Question

...if not, why are they listed on items requiring approval?
Don't get me wrong, I don't think salary payments should be refused but if some councillors are getting in a huff about the clerk being off sick or not doing a particular thing etc, can they legally refuse to authorise the payment?

Answer 1

Rather a complex or simple question depending on circumstances. The council is the clerks employer and as such is required to follow all of the requirements as such. Wages or salary and sick pay are all included in that obligation. A wise council will have an employment committee who administer from contracts upwards and performance reviews during the year. They would also (if they are wise)  employ a qualified wages processor who will report the required outgoings each period for the council to approve at their council meeting. All of the documentation should be made available to any councillor who has a query regarding payments to the employee prior to the vote if required.

The amounts to be paid are all that councillors vote on at the meeting.

Any councillor who has any misgivings regarding the employment procedures or amounts being adhered to should address them to the employment committee to investigate and report on and not directly with the employee.

Each councillor's individual actions outside of this framework could be reviewed by any employment action as being from the employer so steer well clear of such actions. Do it through the designated employment mechanism the council sets up.

Answer 2

Whilst I do not disagree what has been said by Mentorman, I would give a shorter answer.  Its NO.  Failing to pay salary on time is a potential breach of contract.  If there are disciplinary or performance issues then they should be dealt with through the proper procedures.

Comments

On the specific issue of being off sick, the clerk's contract should specify how sickness absence will be addressed, so the council must follow its own rules.

Answer 3

Yes, but they could make one single resolution to authorise all of the Clerk's annual salary in 12 month installments, but stipulate that any payments over and above that e.g. travel expenses have to be individually authorized by further resolutions. Any salary increment should also be subject to a specific authorization.  If it is felt that the Clerk is not undertaking duties properly, the staffing committee could advise that council resolve to block incremental increases until performance improves as one possible measure.

Answer 4

Thanks everyone