clerk has resigned.

Question

The Parish Meeting clerk resigned and the Chairman then informed the meeting that we had a new clerk.  This post was not advertised or a meeting called.  Is this the correct procedure, can the Chairman just appoint a clerk without consultation.  Thanks,  Alan.

Answer 1

The clerk is an employee of the council and normal procedures for filling the vacancy should be carried out by advertising, producing job descriptions and contract particulars which form the basis for a formal contract of employment for the new employee. Selection and interviews must be carried out to ensure that all legal requirements on discrimination are not breached and are fair and impartial. If you have an employment committee then it would be they who should have in place the procedures to follow and eventually a recommendation to council for their final decision.

The Chair does not have the power to "appoint" anyone

A clerk leaving normally hits a panic button in council and shortcutting the required procedure may look good at the time for continuity but will come back and bite you in the future. (And could empty your bank balance)

Answer 2

That’s going to drop the council - as the corporate body - in a huge pile of potential trouble.
The council - as a corporate body - should inform the Chair that they have acted beyond their authority without the consent of the council.
In effect - the chair has entered into a contract unilaterally which they are not entitled or authorised to do.

PS - swift recovery action required! The longer it remains unresolved the worse it could become.