Can a Tree Warden be dismissed or asked to step down?

Question

We have a Tree Warden who is a former Councillor. He resigned from the Parish Council due to constant disagreements with our Chair, and the Chair of our Assets and Amenities Committee. Since resigning, he has publicly abused one of our Councillors about tree work and in response, the Council invoked our Complaints and Abuse Behaviour Policy against him which states he cannot speak to one Councillor alone for a period of 6 months. Last week, he actively encouraged our Green Space Maintenance Contractor to work on some trees which the Council had arranged to be worked on by a professional tree surgeon. He does not attend any Council meetings. We believe our Clerk (his daughter) authorised the work.
Can we ask him to step down, or can he be treated as an employee and be subject to a performance review or disciplinary?

Answer 1

You say "tree warden."

What is it you actually mean?

Is this a local role established and filled by your council or is it the UK Tree Council Tree Warden scheme?

If the latter, whilst a person usually (not always) has to have a parish, town or county council endorsement to become a UK Tree Council Tree Warden, once accredited, the function, terms and conditions etc are entirely UKTC rather than local council.

You can perfectly reasonably have a UKTC Tree Warden who has absolutely no affiliation, line of functional authority or even contact with a parish, town or county council.  A parish, town or county council has no authority to task, assess, direct or censure a UKTC Tree Warden - they are entirely separate entities.

The part of DBWs post which IS correct is that the issue lies more appropriately in examining the conduct of the clerk and the grounds manager in the execution of what has been stated as essentially a member of the public tasking them...

Comments

Thank you RAC.  My council does have a tree warden as a voluntary role which is appointed by the council.  Hence my response.

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Thanks RAC. Our voluntary Tree Warden is appointed by our District Council and is part of the East Devon Tree Warden Network. I have spoken to our District Councillor, and he could not help with my question. He suggested making a new Tree Policy which clarifies the behaviours expected of the Tree Warden.

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Neither your council (nor your district) can impose conditions upon a UKTC Tree Warden.  Only UKTC can do that.  Depending upon personalities, the regional network coordinator may seek to exert some influence but this is variable according to region.  
Your council can, of course, dictate tree policy for trees in your councils ownership just as any private landowner may.

The critical point being a town or parish council may appoint their own person with a tree portfolio and call them a "tree warden" but if there is a UKTC Tree Warden they do not answer to the town or parish council - they may liaise depending upon relationships but it is entirely arbitrary.  District / unitary councils often - but not exclusively - coordinate regional UKTC Tree Warden networks simply as a administrative function.  This is the case in my own county where the unitary authority is the network coordinator but adds minimal (if any) actual value to the process.

If the subject person is a council appointed role then the council may do as they see fit.

If the subject is a UKTC Tree Warden the only avenue you might adopt is to complain about conduct to either the network coordinator or direct to the UKTC but a local council cannot hire and fire a UKTC tree warden.

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Thank you RAC. Most helpful.

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"...Our voluntary Tree Warden is appointed by our District Council and is part of the East Devon Tree Warden Network..."

I think this is where the confusion may lay...  This is contradictory.  They are 'endorsed' by the DC (on initial application) to become a UKTC Tree Warden and they are part of the local network.  This does not infer any employment status, authority or responsibility upon the DC.

To become a UKTC Tree warden you will often (but not not exclusively) need a parish, town or county council 'sponsor' due to the fact that LAs were determined as the preferred method of regional coordination of TW networks (in most cases.)

When I registered as a UKTC TW nearly 15 years ago there wasn't a town, parish or even county council that had any knowledge of the scheme so I registered direct with the UKTC.

I think you may have a more effective way of solving your problem.  Forget whether, or not, the subject is a UKTC tree warden - it is largely irrelevant.  If they are not specifically 'controlled' by your council it is even more irrelevant.
Appoint a Cllr as arboreal portfolio and they can present canopy policy to council.

Your incumbent "tree warden" has no more authority to dictate works to your trees as he does mine so ignore them.

Answer 2

Usually a tree warden is a voluntary appointment made by the council so yes of course he or she can be asked to step down and the council can appoint someone else.  However, you have a rather more serious issue here where it would appear your Clerk has authorised work without appropriate authority to do so.  In which case, you have a disciplinary matter to address regardless of who the tree warden is.   Assuming the Clerk was authorised to appoint a tree surgeon for the work ("the Council had arranged ........ a professional tree surgeon"), how did a second contractor apparently become instructed to do the same work by the same person?  Perhaps more to this situation than your question suggests?

Comments

Thanks for your response. Our maintenance contractor was apparently doing private work for a house owner - cutting back the boundary hedge.  The Lime trees are just on the other side of the hedge. Some branches were overhanging, but he cut these right back to the trunk. 4 trees have been pruned in this way. The Tree Surgeon (selected via tender process and voted on by the Council) is scheduled to pollard all the Lime trees today.