The Parish Council has now agreed to employ a Proper Officer pending an advertisement. The decision was made at an Extraordinary Council meeting held tonight (20th December 2024).
The last time such a position was filled was in August 2022 by Jenny Taylor. Since then the position has been filled by councillors, firstly, Zoe North and most recently Jenny Taylor.
The extract below is from The Good Councillors Guide 2024 which outlines the government guidance on clerks.
The Local Government Act of 1972 does state that councillors can act as the clerk, as long as they are unpaid, but it is advisable that this only ever be a temporary arrangement – simply because it is an important part of a clerk’s role to be impartial and to advise and support the whole council, not allowing themselves to be unduly influenced by individual councillors, parties or factions.
Earlier in 2024, the position of Clerk was advertised on the LALC website and the Stubton Parish Council website and then withdrawn with an explanation to me stating that a Clerk was not required (after my application). The later statement contradicts the guidance by NALC and I guess this is the reason for the change of heart. Hopefully, a suitable candidate can be found in 2025 once the position is advertised.
EMPLOYMENT OF THE PROPER OFFICER (CLERK) information from NALC.
The proper officer is the official legal title of the clerk to the council. Councillors need to keep in mind that their status as a member of the council is for a maximum of four years, at which point they cease to be members until after the next election, when, of course, they may be re-elected to serve for another term of office.
By contrast, the officers, and particularly the clerk, provide a consistent presence even if no councillors stand at the next election (or all the councillors resign or are disqualified mid-term); the clerk remains in post as the officiator, administrator, and practitioner of the business of the council. For this reason, it is particularly important that everyone – councillors and officers – regard themselves as equals but in very different roles.
A councillor who claims to have served 40 years on the local council has in fact served ten separate terms of office. The employment arrangements for the clerk are unique to the local council sector, in that the clerk is employed by the whole council and is only answerable to the whole council, not to individual council members. The clerk is not a secretary and is not at the disposal of the chair or any of the councillors.
The management and administration of the council’s business is the responsibility of the clerk and sometimes other employees, too. It is a very responsible role. All employees, including the clerk, are accountable to the council as a whole and therefore it is important that all councillors (though they cannot get practically involved) have a broad understanding of what that management and administration involves.
Although all council members, including the clerk, are liable for the welfare of employees (regardless of whether they are on the staffing committee), no individual councillor can issue instructions to, or individually line-manage, the clerk as the clerk can only act on the approved stated policies of the council and on decisions of the whole council that are made at a correctly convened council meeting. The clerk provides the council with:
- impartial professional advice
- administrative support
- project management skills
- personnel directorship
- public relations support
- information that enables a decision to be taken.
In smaller councils, the clerk might also take on the separate role of responsible financial officer, as this role must be performed by an employee that is accountable to the council (not a councillor). The council might also employ other officers, with different employment arrangements, but it is the clerk who is the most senior officer.
Councillors need to be mindful that all staff are protected by UK employment law and are entitled to be treated with dignity at work. It is the responsibility of all councillors to ensure that their staff are treated with respect – they may need to occasionally remind other councillors of this responsibility, to protect their own personal liability as a responsible employer.
For further information it is recommended that you read The Good Councillor’s Guide to Employment produced by NALC and the Member Officer Protocol of the council. It is the clerk’s responsibility to ensure that the council acts within the law and it is vital that all councillors take the advice of the clerk in terms of what the council can and cannot do. The main elements of this are set out in the previous chapter (‘What local councils are obliged to do by law’ on p.29), but the clerk is the first port of call for clarification and the fine details.
Delegation is the act of authorising an officer, a committee, a sub-committee, or another council to make decisions on the council’s behalf. The delegations must be formally agreed by the full council at a meeting and set out in its standing orders (more later). Legally, councils can delegate most of their decisions to their clerks because they are trusted professional officers whose objectivity allows them to act for the council.
In the most successful councils, the individual roles of the clerk and councillors are clearly understood; i.e. the councillors stick to their own role and respect the professional role of the clerk. Failure to observe these primary principles can cause the council significant difficulties. The Local Government Act of 1972 does state that councillors can act as the clerk, as long as they are unpaid, but it is advisable that this only ever be a temporary arrangement – simply because it is an important part of a clerk’s role to be impartial and to advise and support the whole council, not allowing themselves to be unduly influenced by individual councillors, parties or factions.
This crucial element of the clerk’s role is compromised where a councillor is also acting as the clerk. These rules and principles should build on mutual respect and consideration between employee and employer. Misunderstandings can arise between a council and its employees, and so it is strongly advised that the council have an agreed grievance procedure to ensure that concerns raised by an employee are handled properly if they occur.
The Good Councillor’s Guide to Employment gives practical guidance on recruiting and managing employees effectively and in compliance with employment legislation. It is strongly recommended that all councillors (not just those on a staffing/HR committee) have read this guide and understand the implications for their role as a councillor. It is available on the NALC website and in hard copy.
