Does the Town Clerk have delegated powers to decide and renew a service contract

Question

Does a Clerk have delegated powers to decide to renew a service contract without a previous decision of Council? My understanding is the Clerk can only start a new contract for a service after the decision has been looked at by council. A service contractor 12 month contract was due for renewal and the initial start of service of the renewed contract was to start the week after a scheduled council meeting. When questioned about the decision  the Clerk stated the delegated emergency powers under the financial regulations provided the necessary power. My understanding is that the Clerk can make an emergency financial payment for continued service but only under an existing contract. I do not believe a Clerk had the power to decide to renew the contract. The Chair and Vice chair were consulted but the value of the contract exceeds all of their predetermined limits. The contract in question is a fixed term 12 month contract. Is the Clerk correct and is the status of the contract legal?

Answer 1

Are you sure that the Clerk renewed the entire 12 month contract or if it went onto a month-by-month contract until the council could confirm / renew / or chose another supplier.

Also, depending on what the contract is for, finding another supplier might have been impossible...

Comments

Yes, definitely renewed for a full 12 month period

Answer 2

The extent of a delegation to your clerk should either be contained in a direct council minute to that effect, or be specified in the Council's Financial Regulations.

Comments

There has been no delegation minutes, the only power of delegation used was that of the emergency delegation where delegation can be used to ensure the provision of a service, however it is within the financial regulations only, therefore implying emergency payments, nowhere states the Clerk can instigate a new contract. Even though a budget for the service had been previously agreed, the council had not taken a decision to continue with the supplier. The council, even if it is unlikely, could vote to change supplier, but the Clerk has committed the council to a full 12 month contract.

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Again, you have not mentioned what the contract is for - if it is for something that the council have a legal duty to provide, and there was no alternative company willing / able to quote, then the Clerk is acting in the best interest of the council by ensuring continuity of service.  The fact that it is a 12 month contract might have presented cost savings too.

Answer 3

If such authority is listed in the scheme of delegations - yes.

If it isn't or if no such scheme of delegations exists - no.

You do have a scheme of delegations don't you?
If not both your clerk / proper officer and your Internal Auditor have questions to answer about their ability to do the job properly...