Chairman and the Clerk's Annual Review

Question

I have reminded the Chairman and members of our duty to undertake an annual review for the Clerk.

I attached a copy of the national standing orders etc which we have adopted.
The Chairman is questioning if I have concerns about the Clerk performance and generally giving the impression if everything is okay then what's the problem.

The Clerk to my knowledge was issued the nalc standard contract so annual review should be in there.

Has anyone else been in this situation?

How should one proceed?

Answer 1

The annual review is a two-way process, so it is important that your clerk has the opportunity, in a formal procedure, to talk about their experience of working for the council. It provides an opportunity to discuss the job description and, where necessary, to consider changes. It's also the best opportunity to talk about training, career development etc.

Is the chairman's reluctance to take this forward perhaps a concern about their own capability to manage the process? Training and guidance are available from the local associations.

Comments

Dave thanks for your reply. The Chairman has now informed me I am to bring the Clerks appraisal up at the next meeting which isnt until early January. This meeting will be when we approve the precept. Surely this isnt acceptable. Any advice?

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The annual review might have an impact on the budget for next year. Is the clerk entitled to additional salary points for satisfactory service? The local government pay scheme allows for additional increments for exceptional performance. January is far too late to be starting the process.

The model standing orders require a resolution to start the appraisal process and the written outcome of the appraisal must be approved by a further resolution. The model financial regulations require salaries to be reviewed in December. I'm just going through this process now with my own councils.

I don't know what to suggest. If you follow the standing orders, you can resolve to start the process in January and complete it at the following meeting, but that doesn't enable you to consider the budgetary implications, if any, when setting the precept. The important thing here is to put a note in next year's diary to start the process in September.

As an aside, I'm curious to know how you can run a council with such long breaks between meetings. Are you on a quarterly schedule? I find my bi-monthly meetings problematic.

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Thanks Dave. Theres no interest or desire for change from members. Meetings are 4 times per year and not quarterly, just whenever. In fact this year was Feb, May and Oct so not even 4. I've just spoken with our calc and they responded unconcerned that the Clerks appraisal might not take place. They even stated we wouldn't be in breach of contract. Raising standards? Apparently not.

Answer 2

There is only one way to proceed. As an employer the council must carry out the requirements of the employees(clerks) contract of employment. Now whether this comes under the auspices of an employment committee or another control decided by the council it has to be done or the council is in breach of the contract and leave themselves open to action by a disgruntled employee.

It is not the chairman who should be deciding if everything is ok as an employment review must be a two way exchange between employer and employee.

Comments

Thank you mentorman for your reply which you have clearly explained. A phone call to our local calc is in order.

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Local calc not interested stating they know many Town Councils that dont facilitate staff appraisals and I wont change my Council. The rep even insinuated as to why was I even bothered;And nalc want to improve standards. Absolute joke and it would appear we dont have financial standing orders with a Clerk who ain't responding... me thinks throw in the towel time

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I would make an official complaint to NALC and the local group regarding their affiliated County office which you as a council pay for in annual fees. You should  RECEIVE professional support and advice on matters not fob off's. Otherwise why are they there? Hopefully you got the persons name that gave such moral destroying re-action. Unfortunately we are infested in this country with groups who see it their sworn duty to not fulfil their contractual obligations and giving up is not the way to ensure change.
I have long stated that NALc is hell bent on an overall controlling path ( via clerks) of Parish Councils.

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Can I send you a direct message?

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No problem feel free

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Thank you Mentorman for your private response and I fully agree. Like others before me I've challenged but it starts to wear you down. Next scheduled election is 2023 and during this period our borough council is undertaking a full governance review. I'm in an area which is like bandit territory. One resident summed up as living on a sink estate but nice surroundings. I will ponder my next move. Thanks again

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As the saying goes "don't let the ***** get you down" if you are committed to what you feel is right then you won't give up. When everyone on councils do that then the problems will solve themselves. Indolence is an epedemic infesting local government at the moment