AGENDAS AGAIN

Question

Recently I was asked to produce a plan on something on which I am an expert.  The plan was produced on time and a recommended motion provided so as to deploy of the plan.  The clerk did not include anything on the agenda and has now asked that I rewrite the plan in her preferred format.   When I challenged her about her decision, she said that it was her decision to make and that she had in passing provided a copy (of the agenda)  and spoken to the chairman "out of courtesy".  When I asked the origin of her understanding she replied "In recent ILCA training, it stated under the heading ‘Chair’s Role’: “Chair works closely with the clerk to make sure the council acts lawfully. The chair should be consulted on contents of agenda, but as legal signatory, clerk has final say. ”If you disagree with this, it sets out in our Member and Officer Protocol: “Challenges to law and fundamental procedure of the running of a Parish Council should be directed to central government.”

I am sure all of us want a definitive decision of who is responsible for what, agenda wise . The trouble is nobody will provide that opinion and such indecision is leading to some clerks "taking the lead"

Some advice please as I am not prepared to be dictated to for much longer. 

Answer 1

Do you mind me asking.  You said "Recently, I was asked ...".
Who or what was it that did the asking?

Comments

Sorry a committee resolution was made asking me to produce a plan.  The issue as always is that if a Councillor may wish to discuss an item but if the Clerk has the ultimate sanction, well it simply diminishes the role of the Councillor

---

Do you mind quoting the precise wording of the resolution

---

It is to a degree irrelevant (have PMd you).  The point is that the clerk says no she wants any plan done her way.  I have said no its my plan and for Councillors to consider.  Her ultimate revenge is not to allow a motion to be put because she has the power to construct the agenda.

---

I have a view but I do not think this is place for private messages so I will leave it alone.

Answer 2

You’re not gonna get a definitive answer because ambiguity is the friend of empire builders.
It sounds, from your posts, like you’re the only one trying to deliver this output. If a committee asked you to do it, tell them it’s ready and email it to them direct and tell them it can be discussed when it features on the agenda.
Get a grip of your employee.

Answer 3

Several factors arise. If you were requested ( as an expert) to provide the committee with a report on the project ( assume viability etc) then the correct procedure is that if it falls within the terms of reference of the committee then they can decide whether to implement the project. If it is not within their remit then they must present their findings, recommendations etc to the full council for THEIR decision. To do this the matter ( including any documentation: including your report) must be made available to councillors and be placed on the agenda for discussion. The clerk cannot alter any such requirement of a committee of councillors.
The only basis would be if the matter fell outside the terms of reference or legal ability of that committee but of course a good clerk would give full reasoning to councillors for their refusal to include. Perhaps something in the report which, would be published, was liable to leave the council open to legal action. Again this should be clearly communicated by the clerk to the council as per their contract of employment.