Can a Parish Councillor be the Responsible Finance Officer

Question

Our clerk may be resigning, in terms of saving money a councillor asked the questions ;

'Can a a councillor be the Clerk'
'Can a councillor be the Responsible Finance Officer'
'Could one councillor be both'

Many thanks for your help.

Answer 1

A councillor can act in place of the clerk in an emergency.

A councillor cannot be the RFO, as this is an employed position and you cannot be employed in the council to which you are a councillor.

If a councillor resigns to be the RFO, they cannot be paid in the position for the first 12 months.

Comments

Hi, many thanks for your advice, take care.

Answer 2

The answer to all three questions is yes, although it may add a level of complexity to the workings of the council and I wouldn't recommend it. It becomes particularly complicated if the Chair assumes either or both of these roles, as the model standing orders and financial regulations are based on the standard practice of a paid employee. Section 112(5) states that:

"Without prejudice to the provisions of subsection (1) above, a parish or community council may appoint one or more persons from among their number to be officers of the council, without remuneration."

The position of RFO has no special status in this regard, so any councillor may be the Clerk/Proper Officer/RFO.

As somebodyelse has stated, these positions must be unpaid in such circumstances and if a councillor resigns to take up a paid position, they cannot be paid for the first 12 months.

Comments

Many thanks for your advice, take care.