NOLAN PRINCIPLES

Question

While I understand  the lack of effective sanctions dished out by the MO I have issues with our Personnel Committee and the clerk's behaviour .  While MOs adjudicate on Cllrs Nolan Principles transgressions the same standards also apply to the clerk.    Who would make comment on any allegations made against the clerk?   Also are any conclusions private or can they be introduced into the public domain

Answer 1

The parish council as the employer of the clerk is the adjudicator on the clerks behaviour within the definitions of their job description and contract of employment and following their obligations as an employer. One of which is to take reponsibility for failings by their employee and ensuring that they receive support and training they may lack in releation to their perceived failures. Of course unlike councillors under notice of failings and suggested remedies the clerk must make efforts to rectify their failings. Tread carefully minfield ahead and putting your fingers in your ears and reciting la la la doesn'tstop the explosion.

Answer 2

Complaints about the clerk's conduct from a cllr would normally be handled by the council itself, eg. its Staffing Committee, or a sub-committee panel created just for that purpose. Following that, the council, as the clerk's employer, would consider and implement the recommendations of the staffing committee (unless the committee was delegated authority to implement it themselves). That might include training, disciplinary, etc. They should perhaps seek advice before going ahead to make sure they comply with employment law, etc.

In practice, however, you may find the council is dominated by a group who see it as their job to protect the clerk at all costs. In which case, you might find your complaint is not deal with properly. Not much you can do if that happens.