Clerk running the council

Question

We have inherited a clerk who seems to run the council to their benefit. The clerk is unqualified, has left other parishes under a cloud, been paid off by one parish but was appointed by the previous council

It has come to light that the clerk has misguided us on several matters including the clerks contract, which we have found out was prepared by the clerk for the clerk. Every meeting we are going round in circles as if the clerk disagrees with anything no action is taken despite the council:the employers, asking for action to be taken by the clerk. We do not have HR advisors at the moment nor a staffing committee. When the clerks pay came up at a meeting (an agenda item)the clerk remained in the room. The clerk did not advise the financial officer to leave the room when their pay was discussed either. We are a new council mostly co opted and these items came up at our first meeting. We feel we have been misled. What action should be taken?

Answer 1

First of all, there is no such thing as a "previous council".  The fact that you are newly elected/co-opted is irrelevant.  A parish/town council is a body that continues despite the councillors actually changing.  This is relevant because decisions made by the council prior to your appointment are still valid decisions.

It is important that you get matters relating to employment right as failure to do so will be costly.  I'd highly recommend taking advice from your local/county association and reading the Good Councillors Guide and in particular the Good Councillors Guide to Employment.

Answer 2

 "...decisions made by the council prior to your appointment are still valid decisions..."

Unless or until they are reversed by the incumbent council - historic decisions / policies / procedures are not set in stone, they are determined by the incumbent council.

Cllrs need to have the strength of conviction to change that which may be considered to have been historically inadequate rather than simply roll it forward as established precedent.

An early agenda item to review / amend / renew / retain existing policies and delegations is a pretty good idea after a significant change in personnel.

This may be especially true if we draw the assumption from the OP that there has been a significant change in Cllrs including co-options - which in and of itself is often an indicator of a poorly performing council.

Ring the changes!