The saga continues with unhelpful clerk

Question

If an inadequate agenda (ie. is not clear on what will be discussed beyond basic headings but clear on date, time and venue and been published with 3 clear days )  BUT it failed to include a number of Cllr proposals for motions that were NOT disreputable/or harassing, were relevant to the agenda and been submitted to the clerk with at least the minimum clear days set out in Standing Order 9 . In addition there had been no communication from the clerk that the motions were going to be rejected or just left off.

Do the rules for meetings allow the majority Cllrs to not agree that the agenda is complete and that the correctly notified motions should be added to the agenda?

Answer 1

You can't just "add" things to the agenda after it has been issued.

What you seem to be describing is a clerk that is not performing their duties (in relation to compilation of the agenda) in accordance with the model standings orders (if they are adopted.) 

MSOs are quite clear on the process for submission and inclusion of Cllr motions.  

It could be that this is with the complicit agreement of other parties or it could be unilateral.  If it is unilateral then the correct course of action would be for the council to direct (via whatever employment / improving efficiency procedures are in place) the clerk in how their duty should be performed.

Comments

Yes I am aware cant just "add things" I had been (but perhaps naively) wondered if there was demonstratable proof that a clerk (with or without collusion from Chair) had received appropriate notice and reasonable proposals AND failed to follow the SOs which require explanation and communication on whether they are readable/or would be rejected  that there would be an emergency power (perhaps needing Chair ) to add before agree the agenda. I was wondering (not in my case) that if it was identified there was an absolutely critical decision needed by  Council - H&S or some such that could not wait until the next monthly meeting nor indeed a meeting called by Chair in a shorter time.

It sounds like the answer is no  - and yes we are trying (but has been difficult with complicit Chair and some long standing cronies) to get to position that can give Clerk his notice at least or follow the full disciplinary process (he has worked less than a year).

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The chair should have final oversight and approval of agenda before it is issued. It’s a nonsense that many cling to that the clerk “owns” the agenda.
If your chair is part of the problem that certainly makes things more difficult but the council voted the chair into office.
It’s difficult and there are no quick fixes - only glimmer of light is that you are not isolated or alone in such situation. It might seem like you have an unresolvable problem locally, but your circumstances are duplicated nationwide.

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Thanks RAC, it is sort of good that not alone :-) .Chair was voted in in May before had a majority not cronies on Council - so yeas we have a majority next AGM to avoid re-election.
What is clear to me now, is that we have no opportunity for change when it comes to Ordinary Meetings, the Clerk is clearly going to ignore requests for motions irrespective of validity. That means our only potential is to routinely ask Chair for EM, hope they dont arrange in 7 days and convene one through 2 Cllrs signing invite and agenda for 3 clear days notice.
I have considered (since clerk has worked less than 1 year) proposing a motion that the Council (Sovereign Body) as employer of the clerk, give notice of termination of employment sue to breakdown in relationship (and trust?).  It would have to be through an EM (as clerk wouldnt add that to agenda) . I was hoping that this was a "legal proposal", and if was voted for by majority of council would mean that the Full Council (his employer in law) would in effect be giving him his notice. This is only viable due to <24 months employment and no recourse to Unfair Dismissal. Providing give him his statutory (week) or possibly contractual (?) notice and we havent used protected characteristic in our reasons to end our arrangements I had hoped mught be one way out? However, although many HR based information sources suggest you can do this they then all refer to "its better to go through the proper procedures of your council.".
The difficulty is that the relevant committees mentioned in those procedures havent existed for some time and need Council meetings (controlled by clerk) to get them set up and running.

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It sounds very much like your council is being controlled by your clerk.  Are you affiliated with the area association of local councils?  Some are better than others but this may be an avenue to explore.

It is obviously an abuse of office if the employee is strangling the business of the elected members and that could quite easily be dealt with via employment procedures if there is the will to do so.