Should the Clerk declare a interest.

Question

With the clerk becoming a Trustee on a local project of historical significance if the council choose to support the bid what action would be required by the Clerk in regard of personal or pecuniary interest.

Answer 1

It sounds like you are questioning as whether the clerk is bound by the same requirements as a councillor. The simple answer is, notwithstanding their contract of employment requirements requiring declaration of interest  matters specification, no.

The clerk does not have a vote on council decisions therefore they do not declare an interest. It is of course well within the expectations of the council that their clerk carries out their duties with a high level of integrity.

Answer 2

I agree with Mentorman but would add a) a clerk should be aware of the requirements of Section 117 of the LGA 1972, and b) when I was a clerk I ALWAYS made a voluntary declaration if there was the slightest hint of a conflict.

Answer 3

The premise of the question is flawed if it seeks to conflate a potential personal / professional compromise on the part of the clerk and the legal requirement for Cllrs to make a public declaration of interests
A clerk does not have a vote
A clerk does not complete a declaration of interests form
A Clerk does not make decisions - they implement them

Comments

Agreed the Clerk has no vote but influentially is more than able to sway the decision. So would it be not unreasonable to ask the Clerk to leave the meeting during the debate of what could be a substantial impact on local issue, there are Councillors who also are Trustees. Not unwittingly of course the same line of thought could be assumed with the production of a neighbourhood plan as the information involves the Clerk.

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I’m going to retract earlier comment after having - coincidentally - happened across s117 LGA 72 Disclosure by officers of interests in contracts.
Whilst not entirely suited to the original question, it has caused a rethink on my previous answer.

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To take this a step further what happens where a Councillor resigns due to their new business ventures which were very much in conflict with their role but shortly after they apply for the vacant Clerk role on the same Council.

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As I understand, the standing orders / financial regulations prohibit the application to be submitted by the former Cllr for at least twelve months. Others may confirm or contradict this but check those documents for clarification.