Does the clerk have the right to send correspondence regardless of councillors agreement?

Question

Our clerk has informed us that she will be writing to residents offering options on a certain topic.  However, the options she is offering have not been agreed with the councillors and we have requested these letters not be sent without more information.  She is becoming heavy handed and arguing that the topic was discussed a few years back with the previous councillors.  We are newly elected parish Councillors who were not part of the previous discussions and the options she is talking about we’re not raised in a meeting.  Several requests have been made for her not to send the letters without further discussion, but she is asserting her authority and advising she has the right to correspond with anyone.  Our view is that the content of correspondence, where the topic is sensitive, should be agreed.  Can anyone advise please?

Answer 1

The Clerk is the employee of the council and as such is there to advise and recommend as the proper officer on matters of Council business. Unless they have been given powers by that council to act independently and make decisions on their behalf on certain defined matters then they are not able to dictate or decide policy.
What should happen is that the clerk should present to council the matter and include the history of previous decision making by a previous council and allow the council to decide whether a previous decision stands or requires amending or removal. Once that decision is made by council then and only then is the clerk  allowed to facilitate that decision on their behalf NOT on their own volition.

Comments

Thank you.  This is extremely helpful.  She’s telling us we’re trying to run before we can walk, to only get involved with one topic at a time until we’re up to speed, that she’s only trying to keep us all within boundaries, advising we can’t just start new work groups as the rules have changes and we can’t just do that anymore.  We’re holding firm but it’s not pleasant.  Thank you again.

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It is an unfortunate state of affairs when the clerk sometimes with all the best intentions feels they have to "take control" of the council. Sometimes this is down to lazy councillors who feel their only requirement after election is to "attend". It is of course incumbent on councillors to seek out all relevant information and requirements( sometimes via the Clerk) of their position including training where available.
This is where a good clerk is priceless and an asset in guiding (not instructing) councillors to enable them to be equipped to perform to the best of their abilities for the benefit of those that elected them.
It can be frustrating for clerks faced with councillors who actually have no interest in their position other than the perceived kudos of "I am a Councillor" and a desire to ensure legal compliance can sometimes lead to a somewhat dictatorial stance.
Parish councils (including their Clerk)are there for one reason and one reason only, to work together for the benefit of the community they serve.
It is all about communication: giving, receiving and understanding to fulfil that aim

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Thank you. Agree with everything you said and I do believe a lot of the previous Parish Councillors just turned up and left a lot to the clerk. It’s clearly a change she’s having to deal with. I’m just taken aback at the level of muscle flexing and clear attempts at force despite repeated attempts and polite requests to cease. All very helpful comments.  Thank you.

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As usual I agree 100% with Mentorman

There has been a drift away from Councillors towards the Clerk which is unhealthy
To often matters are passed or left to the Clerk when it is the Councillors responsibility
In Ravens case the Clerks attitude needs to be challenged ASAP
Taken to its logical conclusion let’s abolish Councillors and elect a Clerk every four years

Answer 2

"...She is becoming heavy handed and arguing.."  Perhaps a reminder that an employee is there to do the bidding of the employer not the other way around.

"...Several requests have been made for her not to send the letters without further discussion..."  A motion to review the employee's delegated powers of correspondence might be needed.

"...asserting her authority..."  It is an authority bestowed (and if necessary revoked) by the council.

"...advising she has the right to correspond with anyone..."  A delegated responsibility - not a right.

"...She’s telling us we’re trying to run before we can walk, to only get involved with one topic at a time until we’re up to speed..."  Sounds like someone needs a reminder of which end of the dog they are.

Comments

Thank you - very straight forward :-))