I NEED SOME HELP!

Question

As Chairman I called a Parish Council Meeting. The Clerk ( a difficult man( refused to attend.

 

I prepared the agenda and all the relevant documents including the start of appraisal draft forms for discussion by the Council. The Clerk is now complaining that he was not involved in the agenda. Am I wrong?

To give you some idea of this man, he refused the key to the Notice Board. I stapled the agenda to the outside. Now he's complaining that I could have damaged it. I didn't. Sheesh!

Answer 1

The clerk should normally draw up agendas.  Standing orders usually describe how motions put forward by councillors are to be handled.  The usual situation is that the clerk has limited scope for refusing or modifying requests for motions, received in reasonable time.  But creating the agenda and the summons to councillors, and ensuring compliance with the law, are all parts of the clerk's job.  This remains true for an extraordinary meeting i.e. one called by the chairman.

Comments

Thankyou. Unfortunately nothing is normal at present.I've been Chairman for three weeks and have had nothing but criticism and harassment. We intend beginning appraisal and he's trying everything to stop us and it. He decided that cutting the grass was unlawful and improper and therefore would not allow it on the agenda. We are dealing with a control freak.

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Cutting grass certainly isn't per se unlawful.  Check your standing orders to see how they instruct the clerk to handle requests from councillors for agenda items.  If necessary, point out the relevant sections to the clerk.  It is normal for a council to appraise members of staff as part of good employment practice.

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counterpoint' answers are excellent.  I would recommend that you talk to the local branch of the Association of Local Councils (if your PC is not a member it would be a good idea to join) as they will certainly advise you on procedures.  Also, this is clearly an employer/employee problem- you might like to check with your insurance to see if the council has employment dispute cover as the insurer will be able to guide you in this and help you come to an amicable solution with your clerk who does seem to be acting in an unreasonable way.  Unfortunately, employment disputes do seem to be heavily weighted in favour of the employee so it would be preferable to come to an amicable solution and try to work with the Clerk.  I know it is hard but you must try to avoid conflict with your Clerk.

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So far we have offered three olive branches all of which have been rejected. NALC have been very good but even they are stunned by his antics. Avoiding conflict is impossible. He is the one causing it! having posted the agenda on the outside of the notice board because he wouldn't let me have the key, I can guarantee he will e-mail me saying that I have vandalised the notice board with staples and reporting me to someone!

He is capable of anything At present I am being accused of carrying out a vendetta against him because I want to see an itemised copy of his expenses. He works 16 hours per month and last month's expenses were £155. Doesn't include salary.

Thankyou for your replies.