Question

Is it legal for a clerk to put an item on the agenda, asking for money to take legal action against a statement of truth on an electoral leaflet by a group making up half of the council

Answer 1

The question of whether something is legal on the agenda isn't really the point.  The point is that only councillors make decisions and I have to ask on what grounds would the council actually sue?

Answer 2

The NALC LTN 30 | DEFAMATION is clear (Point 7) that public authority cannot be defamed therefore cannot sue. It cites the case Derbyshire C.C. v The Times Newspapers Ltd [1993]. I am aware elsewhere have been consumed for months after an election wasting time & creating further division. I sat a couple down and basically as a invited "neutral" told them they needed to get there heads down and put differences a side and put there energy into something constructive. I'd question the purpose/basis of an agenda item when quite clearly the council does not have the power to act. In the absents of an actual power to act the item becomes effectively a therapy session for the "aggrieved side" and that represents a pretty poor use of public resources.

Answer 3

The clerk tried to say that it was defamation of character and tried to use an out of date act but the latest act was shown to totally disqualify her attempt to use public money and she also stated via e/mail that it was not a council matter but a private one, but she put the item on the agenda and her family and political friends passed it as they held the vote with one seat, I thought it would be an illegal process/act?.

Comments

just to add that the statement said how many family members of the clerk were already on the council and also asked how that sat with the public as it did,nt sit well with the candidate.