Clerk refusing to explain items on agenda

Question

We have a new Chairman. The clerk has prepared and published the next Agenda. The Chairman requested a meeting with the Clerk to go through the Agenda, not to change anything, but just to ensure that he understood the items. She refused to have a meeting with him and she also refused to have a telephone call with him either.

Surely the Clerk is not fulfilling her role by not assisting the Chairman in his new role ? What action can the Chairman take ?

Answer 1

Disregarding what the clerk should do and contracts of employment is it not in the interest of the council's operation. The clerk is there to facilitate the requirements of the council.

As the chair's only job is to chair the council's meetings then the clerk must support the chair in that duty. The clerk should  enable the chair to understand all of the agenda items prepared by the clerk. If the clerk does not do so then the chair is at the very least prevented from doing their job properly and it must be explained as a matter of urgency by the employee why they have failed in the fundamental basics of their employment.

Comments

thank you - I totally agree and go as far as to say that this is a mis-conduct issue and, if no acceptable reason is given for refusing a face to face meeting or telephone discussion, then the disciplinary procedure should be invoked.

The Parish Clerk is long-standing and has seen many councillors/chairperson's come and go and has a long history of bad attitude, obstruction etc.... (won't go into all the details here) . The last Chairman tried to address the Clerk's attitude and performance, but wasn't supported by the remaining two councillors. All of them ended up resigning and City Councillors stepped in.

Answer 2

Is there a legacy of sub-optimal working relationship between new chair and existing clerk?

Sounds like this is clerk 'flexing' and seeking to exert presumed dominance over new chair.

Do you operate with current model standing orders?

Do you have a current and valid employment contract for clerk including detailed JD and ToRs?

The answers to questions  1- 4 above will determine how an answer to the question of what action the chair can take but if there are items on the agenda that are NOT proposals from Cllrs, who exactly is sponsoring them and if they require proposal / second before vote, how are they going to stand a chance of success?

Comments

The Parish Clerk is long-standing and has seen many councillors/chairperson's come and go and has a long history of bad attitude, obstruction etc.... (won't go into all the details here) . The last Chairman tried to address the Clerk's attitude and performance, but wasn't supported by the remaining two councillors. All of them ended up resigning and City Councillors stepped in.
yes, contract and personnel policies are in place which, in my opinion, need to be invoked. Hopefully the attempt to manage the clerk appropriate might be supported this time.

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Reading the other comments, it has crystallised my initial interpretation that this is a Bolshy clerk seeking to maintain dominance over pesky Cllrs - as described below!

Whilst it is somewhat understandable that ill informed, frequently turning over Cllrs and chairs would reasonably be the source of frustration to a long standing clerk - this does not excuse the behaviour as described which needs a well informed, determined and balanced chair to bring this back on track.  Thee only alternative is an acrimonious separation.

Answer 3

I'm not condoning the actions of the Clerk but it doesn't make sense that they are refusing to meet or speak with the chair unless there is an underlying reason / excuse.  I've been a clerk for more years than I care to count and would never refuse to speak to someone unless there is a genuine reason for doing so.  I mean, perhaps the Clerk is on holiday or the request for a phone call was at a weekend or Christmas Eve or something?????

Comments

Thank you and I understand your point. No holiday, no bank holidays, not a weekend request.
Just a simple working day request to go through the agenda prior to the meeting so that the Temporary Chair can understand the agenda and items to be discussed. And the Clerk has also announced that the meeting will be recorded. Personally it seems to me that she is setting the Temporary Chair and Cllrs. to fail and look daft.

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The fact they are wanting to record the meeting could just be a practical one - I record my meetings so that I don;t have to take notes there and then, and use the recording to create very accurate minutes.  I would suggest that you also record the meeting and ask the clerk directly as to why they are not meeting with the chair - keep it as evidence against the clerk - flip it back on them...

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The meetings have never been recorded previously, but accept your point.
Great idea about making our own recording and then asking them directly on record.. ! thank you

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Strikes me a trap is being set, clearly the Clerk is used to doing their own thing and resents those pesky elected Councillors interfering

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You may also want to remind your clerk that the recording he/she makes is disclosable under FOI legislation.

I was a clerk (now retired) for 30+ years and I would have given my right arm to have a chairman who was interested enough to want to meet and understand the agenda.

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we had a clerk do just this and claimed it was for personal use to aid minutes the information commissioner had a different view , as she is employed even if= such recordings are on a personal device they are subject to the data act  and as are personal email accounts the ico have a document entitled BYOD bring your own device in essence its not a problem but is subject to the act