The clerk has paid a builder more then he quoted

Question

We have had some building work done in the parish we were given a quote the builder ask the clerk to pay him some more at the end of the job which she did . The Clark did not ask the council if this was ok can the clerk do this without asking the council or a least asking the chair.

Answer 1

Depends on what it was for and how much.
If there were unexpected additional costs which had to be met and the clerk has delegated authority to do so, it might be well within their remit to agree those costs.  Perhaps some more information might be helpful.

Comments

Hi in reply to your email . The builder put up a fence he then told the clerk he needed £69 .00 more at the end on the job , the clerk in conjunction with the chairman can spend up to £1000.00 put the clerk did not ask the chair or bring it back to the council I think the clerk should be told to stick to the financial reg

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Presumably such a project would have been presented to the council regardless of whether the clerk had delegated powers as the decision to have works done must be made by the council and not the clerk. Delegated powers do not usually allow the clerk ( or anyone else) to spend whatever monies with complete authority but rather to cover for emergencies or when the time required obtaining council approval might endanger a project. It is not a blank cheque to be used.
It is not stated what the extra monies was for and why it was not included in the original quote. It should have been written into the original acceptance or work specification how extra or un-foreseen works should be authorised and paid for at the quotation stage. If your system does not cover such things then you need to revisit your policies.

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The council approved the quote from the builder then he asked the clerk to pay him £69 00 extra at the end the of the job the clerk did not ask the council if it could be paid the clerk just paid it. I want to no if she had the power to do that financial regs state the clerk  should ask the chairman if is ok if it below £1,000.00

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The clerk would have only been authorised to pay the agreed quote. Any variations or added costs should have been presented to council for approval and if your policies allow the payment of any monies without direct approval by council then they should be seriously examined for flaws. I think too many councils have not repealed or revisited special delegated powers given to clerks during the pandemic when councils could not meet.

Answer 2

I don't understand how the clerk, alone, could have paid anyone anything.  There should be two signatories to any payment made the parish council.  In the days before electronic payments this was two councillors.  Even now I believe the electronic payment should be initiated by councillors.  So someone else is (or at least should be) 'in the know' about this payment at the time it was made.

Comments

Hi having now spoken to the councillor who makes the online payments I have found out she does not look at any invoices just pays out what the clerk puts in front of she , she has now decided not to do them any more