When a clerk resigns...

Question

A notice has just been published online today from our parish council chairman calling an extraordinary meeting for the council to discuss replacing the present clerk, interviewing candidates that evening, approving salary and pension for the chosen person, writing an appropriate contract etc.

All of this out comes of the blue to parishioners even though it has now been revealed that the clerk resigned some two months ago. It appears she and the chairman decided to keep the matter under wraps.

The fact of her resignation has never appeared on either of the agendas for the past two full council meetings, and therefore no resolution regarding any/all aspects of her resignation has been addressed and agreed by members of the council attending in person and voting by a show of hands at a properly convened council meeting.

Even though no agreement by the council has been discussed or resolved upon within a properly convened council meeting to accept the clerk's resignation, the council has apparently already advertised the vacancy on our local ALC/SLCC websites - but not published it on the council website or any of the village noticeboards.

As a result of the ALC advertisement, the parish council has received several applications that – according to the published agenda - will be considered and decided upon at the extraordinary meeting to be held next Tuesday. 

The present clerk's resignation and notice period involve financial decisions by the council. As that is the case, it follows that no decisions can be made by one councillor on any matter of council business acting outside convened council meetings.

Yet that is exactly whatever our council chairman has done - he has decided that he has the authority to do 'secret squirrel' deals with the council's employee over the heads of six councillors and their electors.

All the arrangements to fill the post - including acceptance of the clerk's resignation - have been carried out in private during discussions between the clerk and the chairman of the council. 

Am I correct in believing that the chairman of the council acting alone is not the employer of the clerk? Surely the council as a whole is the clerk's employer. If that is the case, how can the chairman have made any decisions about the employment of the council's clerk (it's only employee) off his own bat?

He has also given permission for the clerk to work a three-month period of notice (fully salaried), when her contract requires one month's notice only? Surely this is a decision with financial implications that only the council can made by resolution it as a published agenda item in a parish council meeting?

Any comments gratefully received from a concerned elector.

Answer 1

I think you know the answers to most of your questions already. There is no legal basis for the way this has been handled. You've mentioned acceptance of the Clerk's resignation, but it's difficult not to accept a resignation, so there's no point in dwelling upon that. In every other respect, the Chairman has acted ultra vires as you have stated. All of these matters should have been addressed by the Council as a whole or by a duly delegated committee if one exists. It is not unusual to retain the services of an outgoing Clerk to facilitate a seamless handover, and this can be beneficial to the Council in the long run, regardless of the cost.

The concept of agreeing the terms of employment and salary after the appointment of the Clerk probably stems from the private sector, where candidates may barter over their worth. In local government, the salary is linked to the job, not the individual and would normally be quoted in the advertisement or the application pack to allow potential candidates to determine whether or not they wish to apply.

If the members of the Council share your concerns there is an easy solution to this. If no members of the Council attend the meeting, it will not be quorate. If they decide to go along with this charade, they'll be as culpable as the Chairman.

Answer 2

Well ... it seems that the councillors will "have their day" next Tuesday where they will get their chance to either agree or otherwise with the proposal before them.

As an aside, unless things changed after my retirement, if notice of the extra-ordinary meeting has been posted today then the earliest the meeting can lawfully be held (ie. 3 clear days) is next Wednesday.  Some would argue both Saturday and Sunday have to be excluded from the computation of 3 clear days and that makes it next Thursday at the earliest.

Comments

No John, the rules haven't changed. Saturdays count, but Sundays bank holidays etc do not, so Wednesday is the earliest a meeting may be held if notice is issued on a Friday.

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What authority can a member of the public rasie this matter with. I've written to the Chairman - who has called the extraordinary meeting - asking for the exact date on which the clerk reisgned and to whom her resignation was sent, also when and where was her job advertised,, at what convened council meetings to date was her resignation announced and formally accepted by the council etc but of course I've had no reply. He never replies to my emails. The meeting hasn't been advertised on the three council noticeboards or on the website. I came acros it when lookng for the minutes of past meetings and discovered to my surprise that there was an extraordinary meeting tomorrow night. I speculate that the chairman doesn't want anyone other than councillors to turn up to the meeting even though it has to be open to the public at the start and also at the end in order for the result of discussion and decisions to be announced in public before the end of the meeting.

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Even if the Council decides to treat your request as a Freedom of Information issue (which they should, at least in part), they have weeks to respond. In your position, I'd email every member of the Council expressing your concerns and pointing out that the calling of tomorrow's meeting was not in keeping with the legislation. Remind them of their personal liability in these matters. I'd also encourage other residents to attend the meeting.