Clerk not giving correct info

Question

Our council members are fairly new, when giving the budget for the precept we have recently discovered that there were two options for the final figure. This was not mentioned and as we were co opted in December to make the council quorate we had a limited timescale to put the precept together so some amount of trust had to be put in the clerk. We agreed the figure which meant a 50% increase ( there is considerable work outstanding that needs to be addressed this year) however we could have gone for a 33% increase which the financial officer recommended, this figure was not brought to the table by the clerk. The upper figure I have been told by the financial officer takes us into being an LC3 council which will improve the clerks pay. The clerk refused to accept the financial officers advise.
Can we change the precept figure now or are we stuck with the 50% and can we do anything to ensure the clerk acts for us and the parishioners rather than their own gain.

Answer 1

Whilst you have presumably agreed the budget and therefore precept that the budget indicated, changing your mind is not sufficient grounds to change a resolution within six months (assuming you are working with the model standing orders).  It certainly sounds as if you've had a difficult situation but I'd be wary of changing that now and just to be clear, the clerk's pay is not dependent upon the size of your precept but is dependent upon their contract and council's agreement to any change.  Councillors pass resolutions and can chose to accept or reject any recommendation from an officer or anyone else.  If you find, at the end of a year which hopefully will include proper reporting of expenditure against budget, etc. that the estimates provided for the budget for the forthcoming year were inappropriate, you can reduce the precept next year and resolve to use any reserves built up.

Whether in practice you can change your precept after submitting the precept request to your billing authority does rather depend upon whether they will accept it.  In theory it can be changed now but ours certainly wouldn't accept it so late in the day as our cut off date is end January (albeit legislation says it can be later).

Answer 2

A resolution may indeed be rescinded within 6 months. If you are using MSO's six councillors must give written notice to the Proper Officer. The number of councillors required may be changed - so check. Furthermore, a resolution may also be rescinded as a result of a recommendation from a committee - presumably one with delegated powers?

Comments

Agreed, but the procedure is dependent upon new information and the actual ability to change your mind.  We're talking precept here where the setting of the precept is part of the principal authority's procedures for setting and billing residents for council tax.  Tread carefully where this is concerned as it could turn out to cost more than you might think

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My point was about rescinding a previous resolution and this, as you agree, is correct. It is also very clear to me that there is "new" information - a previously undisclosed alternative budget   The precept issue is a can of worms and I agree, I see great problems in changing the precept charged with the billing authority once set.
To the OP: The council appears to have other problems which need addressing. I would suggest they could reverse the pay award subject to it not being against employment rules/policies - however another potential minefield. Furthermore, are the clerk's actions in this case correct?  Remember you are responsible for the decisions taken, even if you acted in good faith. Also, even if you get the numbers to bring a motion, you need the numbers to carry it. Generally, if you are united as a council such issues can be sorted out going forward, if not be prepared for much frustration!

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"reverse a pay award"?  Good luck with that one.  The fastest route to an employment tribunal!
Never forget, councillors make decisions and should not be voting without careful preparation, thought and questioning of any recommendation.

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".....subject to it not being against employment rules/policies - however another potential minefield". I think we both can see that there is, potentially, a much more fundamental issue to deal with here and most of what is mentioned by the OP are symptoms, rather than the cause. So, luck and automatic gainsaying aside, what do you suggest?

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Absolutely agree there are clearly some fundamental issues here but my advice is always to not rush into decisions or actions until very clear about what those issues are.  Any council that has become inquorate so needing to co-opt to operate has some fundamental problems and a knee-jerk reaction can make things worse rather than better.  If staffing is the problem, the solution needs to be in line with employment law.  The councillors have only been in post for a few weeks which is hardly time to consider what is needed and how to go about achieving it.  Paying for proper professional advice is, in my opinion, essential.

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Thank you for your reply which I generally agree with. I too would exercise caution, as was qualified in my answers/comments. Other than on here it is probably better to never ask a question unless you already know the answer! Nevertheless, the OP is grasping for ideas as how to tackle the perceived problem/s. Any ideas most definitely need careful research and consideration but if the problems are not addressed at some point they usually worsen. Totally agree with obtaining professional advice. However, under the likely circumstances, difficulties and the response which could ensue from this course of action - how would you best go about this?

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As I have always said councillors make decisions, not staff.  So the first line is to get other councillors to support a request and funding for professional advice.  If the council is a member of the local county association, that might be a starting point.  For HR matters, the ACAS website is really helpful and following their advice can be valuable in the event of a subsequent tribunal.  Without knowing which council we're talking of here, it is difficult to say what all the issues are

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Thank you for your replies. Some of the councillors I have spoken to including the chairman consider now the best course of action is to leave the precept as it is and work to get suitable policies in place to help us going forth. As explained we are quite new. We have agreed however to keep a close eye on things and speak with the clerk if we feel that things are not being addressed or if information given does not seem sufficient. Once bitten…