Councillor demands to have his name withheld from the public

Question

Hi Gang

OK here is a good one, our resident pain in the neck councillor has now decided that that now does not want his name in the public domain, does not want his name to appear on public documents, including agendas and minutes....

He has won the battle of withholding any way for the electorate to contact him, other than through the Parish Clerk and to add to the pot he has now banned the parish clerk from contacting him (he has already banned the other councillors!), but that is another story, he refuses to resign!

So we need to hit him with something legal that means his name MUST be public, any help would be appreciated.

Ta Muchly

Down_here
(PS does anyone want a councillor that has in the last three years, has cost the local taxpayer several £1000's in vexatious actions!)

Answer 1

Transparency Code Para 23
"Smaller authorities should publish a list of councillor or member responsibilities. The list should include the following information:
a) names of all councillors or members of the authority..."

ICO Model Publication Scheme
"Class 1
Who’s who on the Council and its Committees
Contact details for Parish Clerk and Council members (named contacts where possible with telephone number and email address (if used))"

Model Standing Orders – Section 3 t
"The minutes of a meeting shall include an accurate record of the following:
i. the time and place of the meeting;
ii. the names of councillors who are present and the names of councillors who are absent;"

If this chap is so keen to be forgotten, perhaps your Clerk could forget to supply him with an agenda or notification of meetings. After all, Local Government Act 1972 Schedule 12 Part II Para 10(3) reminds us that:-
"Want of service of any such summons as is referred to in sub-paragraph (2)(b) above on any member of the parish council concerned shall not affect the validity of the meeting."

Comments

It has been agreed that we are going to really push the Register of Interest, and he can argue it out with the County council MO.

But LGA1972 Schedule 12 Part II Para 10(3) has given us an idea!

That's a coffee we owe you

Answer 2

I understand the statutory register of members interest must reveal the Member's identity, and this information must be publicly displayed by the Principal Authority, and it can also be displayed on the Parish Council's website, unless the Member can persuade the Monitoring Officer of an exception.

Comments

The monitoring officer can only prevent the register of interests being published in whole or in part, the members, membership must still be public - we have this for a councillor in our Parish due to the sensitive nature of the work.

Answer 3

Firstly if he is present, then it must be recorded in the minutes, sch 12, LGA 1972, para 40.

If the chairman is prepared to 'play along', any councillor can ask for, and cannot be denied, a named record of votes of councillors, therefore at one meeting make everything a named vote instead of 'all in favour' type minutes.