COUNCILLOR LIMITATIONS

Question

I am an experienced Councillor with years of contacts behind me but am having to deal with a new somewhat officious clerk.  I have been asked by resolution to carry out a review of a certain local facility and have unearthed certain problems.  In order to provide options in my report I have written to known contacts in my District Council seeking clarification , prices etc . Now one of these requests has found its way back to the clerk and he has written to me requesting (no almost instructing)  that I cease contacting District Council officers directly and to route all enquiries via the Clerk .  I think I am entirely within my rights to make enquiries as I see fit.   Can the clerk limit my activities as a Councillor in any way ?

Answer 1

If there is a clear resolution giving you instruction from the council to undertake this review, then I cannot see why the clerk would stop you unless they have been getting grief from the District Council about you contacting them directly.

Comments

Having said that I do know some Council Officers who insist that everything business wise goes through the Clerk.  I would apply the same argument to them i.e. they serve all residents and should not be able to insist that any enquiry goes through a route of their choosing.  All enquiries from whatever source should be treated equally

Answer 2

No

(I didn’t want to write anything else but the app requires at least 12 characters );0)

Comments

The question as stated is:

“… Can the clerk limit my activities as a Councillor in any way..?”

The answer, quite simply, is no. No ifs, no buts, just no.

Answer 3

I think there are a few things here a) if you are proceeding in accordance with a council resolution you are on safe ground, b) there may be a previously agreed protocol between your principal council and the parish councils in its area which says communication between the two authorities should be via the clerk, and c) if that is the case then your clerk should have explained it rather than simply issuing what you have perceived as an instruction.

Comments

More and more I see “ research “ passed to Clerks who then give their opinions without any evidence what they’ve done
To me there should be more working parties so Councillors are personally involved

Answer 4

You may make enquiries as a resident without any complaint from anyone.  Always remember, the Clerk is an employee of the Council. A Clerk can only advise , not demand.