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+1 vote
I was elected in May and I am a new Councillor. I have asked questions via e-mails copying to Chairperson, I have asked about budgets, procedures, asked for plans pertaining to the committees i am a member of and one where i was not. I have through these however noted that changes have been needed as Standing Procedure paragraph did not make any sense at all, brought attention to 2 Data Protection breaches, Councillors not registering interests after 6 months and reconciliation of cheques not being minuted or carried out.

The chair has sent a copy of clerk's letter complaining about my barrage of e-mails  saying that I am bullying her and causing her health to be effected.  The Chair has written saying that he has taken legal advice, and told me not to ask any more questions.

I would appreciate your advise.
by (2.3k points)

1 Answer

+2 votes
This is a tricky one, and it is difficult to give specific advice. As a new councillor, you are viewing the council with fresh eyes, and it is right for you to ask questions. In fact, a lot of the information you want would ideally be publicly available through a web site.

On the other hand, small town and parish councils have a difficult balancing act. The cost of a clerk is substantial; if it is purely an administrative overhead, it can seem disproportionate to the activities of the council, and risks making the services provided poor value for money. I believe councils have to strive to keep administrative costs within bounds, as a good town or parish council can make a valuable contribution to local life.

It is likewise difficult being a clerk, as the responsibilities are wide ranging and routine matters such as agendas and minutes can take up quite a lot of time. It is possible that having a lot of work added through a new councillor asking questions could be hard to handle.

There are some ways you may be able to proceed. If there are concerns over councillor interests, they could be raised directly with the Monitoring Officer, usually the senior legal officer of the district council. You could put forward agenda items for discussion in council - if they are clear and straightforward it will not take the clerk long to incorporate them into the agenda and then the whole council can share the load of clarifying matters. You could ask the chairman for details of the legal advice, including relevant statutes. It may be possible to arrange a discussion with the clerk or the chairman to explain your concerns and to seek ways to progress them without putting undue strain on the clerk.

I hope that may give you some ideas, but feel free to ask further questions.
by (33.1k points)
First, thank you for answering my query; I understand the delicate balance needed. I did raise the issue of non compliance of declaration of interests; it was the Chairman who was involved, in the manner that is set out and he did have to apologise to the whole council - though not minuted.

 From my list of actions, the 2 data protections issues, declaration of interests etc, I do sound over officious. However, the topics were raised in Council, and I felt that I did not know enough about the issues and researched them only to discover that my Council was not following the correct procedures.
The Chairman is acting alone in his letter to me, as I have checked with the vice Chair and Personnel Chair. I am wondering whether to raise another concern to the Monitoring Officer who will then check my own actions and the Chair so that the whole issue can be dealt with by a independent person as I now feel rather bullied into silence.
I will use your advise to focus on agenda items and may ask for more details of the legal advice, which to be honest, I do not believe he has actually undertaken.
I really appreciate your answering my concerns as this situation has made me feel quite isolated, perhaps I'm just not the right type to be a councillor.
All sorts of people can be good councillors! It seems to me there are only two qualifications. One is having to accept (preferably with a good grace) being outvoted sometimes. The other is to sincerely aim to act in the interests of your community. Parish councils are capable of being a great asset for their communities.

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