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A new co opted councillor (3 months) seems only concerned about issues relating to thire property or near neighbours and is not contributing much during PC meetings,  but they are new and may need time to get into the swings of things.  BUT, they have sent numerous emails to our long standing clerk questioning procedures and the clerks ability. This has caused our clerk to offer their resignation.  All of the our councillors are newish with less than 2 years in thire roles, we rely heavily on our clerk to steer us through the processes. I appreciate that it's difficult or almost impossible to "remove" the new councillor, but we must have some formal duties as an employer to address the reasons for our clerks resignation.  Any guidance would be much appreciated.
by (120 points)

2 Answers

0 votes
Is the Clerk's decision reversible?  If you have a grievance procedure, encourage the Clerk to submit a grievance, outlining his or her view of the situation. Encourage the new councillor to attend a new councillor training session with your local association to get a better understanding of the roles of councillor and clerk and the relationship between them. Encourage your Chair to maintain a dialogue with the new councillor to point out the issues quietly and calmly as they arise.  Above all, be firm but fair.
by (61.1k points)
Thank you for your response. The clerk’s decision is probably not reversible, but never say never…  I am not aware of a grievance procedure; the clerk is the person we would normally ask…  We are a very small parish with less than 1000 parishioners, the PC chair does not have a good relationship with the new counsellor, there have been issues within other groups in the village which they were both committee members.  I don’t think that there is much that the councillors can do to change the clerks decision.   A follow-on question..  would the clerk be ‘breaking’ any rules, if they were to share the correspondence that they received from the new councillor with the other councillors? Then we could all see what has led to the situation.  Thanks.
A formal grievance/complaint would require the sharing of evidence. I don't think it would do any harm to share it regardless. After all, if you don't see it now, you might receive a copy in the document pack of an employment tribunal.
Why hasn't the long term clerk produced a grievance procedure? The council  has the same responsibility towards their employees has any other employer. You are in danger of a tribunal claim and, if it comes, it will be against the whole council as a corporate body. The costs of which could become very large, very quickly.
There will be very little you can do as far as the co-opted councillor is concerned, be they right or wrong. The council has no powers to to take action against a councillor other than via the MO of your principal authority, who even if they find them "guilty" can only recommend limited actions, like suggesting they apologise or attend training, which can be ignored.
So failing any "informal" calming  of the waters, it is probably wise to seek the advice of a solicitor specialising in employment law. Has the TC not discussed the matter with the Chair? You could also set up an HR Committee, get some training and introduce a grievance procedure. I suppose since the TC has resigned you might not have to pay their wages until any ensuing claims are resolved, maybe. Also be careful of confidentiality since you don't have an HR Committee it could be that only the Chair should be party to any info at this stage.
In an ideal world, all clerks would be trained and qualified and councils would have all of the necessary policies and procedures. Sadly, we don't live in an ideal world and the role of clerk is seriously undervalued. There was a clerk/RFO vacancy on this week's NALC list with a salary range of £12.85 to £13.26 per hour. By comparison, Aldi pays store assistants £12.75 to £13.66. Speaks volumes.
Isn't that just the result of price discovery in an open job market?
Sadly, this is the result of the NALC/SLCC National Agreement on Salaries and Conditions of Service of Local Council Clerks.
0 votes

From the original post text, the only part that 'surprises' me is the affirmation that "...All of the our councillors are newish with less than 2 years in their roles..."

The scenario as described (with the exception of the point highlighted above) is sadly familiar but more commonly associated with a deeply embedded resistance to change mentality.

A long standing clerk 'guiding' and 'shepherding' (alternately described as running the show entirely to their own satisfaction) coupled with commonly long standing (not in this example) Cllrs that have insufficient professional experience or local government competence to understand and implement proper procedures preferring instead to sit back and be 'told' what to do by the clerk.

Uh Oh - there goes the apple cart - along comes a 'new' Cllr who seeks to examine, question, heaven forbid, even challenge the status quo....  Never mind that they may have researched their questions, read the legislation and be expressing legitimate concerns, no, that won't do.

The default defence mechanism for those that may feel 'challenged' (whether that be the clerk wielding the common threat of Ind Trib, or other elements within the council feeling inadequate by their inaction) is to set out to isolate, ostracise and alienate the 'trouble maker.'

That certainly appears to be the nub of the question given the reference to "remove" the new Cllr.

Sadly, there never appears to be the will to adopt a more rational, considered, professional and sensible approach of actually embracing the questions of the impudent 'new comer' and examining if there is any merit in them.  Indeed, there are no examples given within the OP of the type or style of question being presented by this up-start firebrand.

Adopting and instilling a more inclusive 'corporate improvement' approach where 'new' issues are taken on face value and always given proper objective bandwidth invariably heads off the inevitable entrenchment of attitudes and escalation of dissatisfaction which invariably lead to either the clerk or the Cllr escalating the problem.

The answer, as is so often the case, but too late in this example, is obvious.  Embrace new ideas and suggestions to avoid the creation or escalation of a toxic environment where nobody wins. 

The outcome in the example given (clerk resignation) is worse for all concerned than it might have been if there had been a more receptive and considered response to the concerns being raised by the 'new' Cllr.  As a point of note, time served (as a Cllr) is of absolutely no relevance in determining competence or suitability.  I'd be so bold as to suggest even (in certain cases), that the longer the time served as a Cllr the LESS suitable some incumbents actually become....

Joyous Easter all

 

 

ago by (27.7k points)
Thank you for taking the time to respond.
It only helps to reinforce my doubts about performing the thankless task of being a parish councillor and having to deal with local government officials and the like.

It also confirms my view that internet forums are often more trouble than they are worth.

and why am I bothering to write this reply?

Appy days
I’d agree, the role of town / parish Cllr is often a thankless task.
I don’t agree with your assessment of internet forum though.
What happens when someone makes a post is that responses may present opinions / observations / options which are at odds with the purity spiral within an individual interpretation of a situation or the systemic organisational mentality.
That’s the value of wholly objective responses to open questions at internet forum - the quality of the response will always be directly proportional to the quality and detail of the original post….
So if ... you can't be "bothered to write this reply" and internet forums are more trouble than they are worth, then do us a favour and remove yourself from it.

I think it would be fairer to acknowledge that the contributors freely give of their time and energy to help people, even if we have opposing views ... which I often do!

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