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Document Library
Complaints Handling ProcedureIntroduction Complaints against a Parish Councillor, where there may be a breach of the Members Code of Conduct, must be referred to the Monitoring Officer at Basingstoke and Deane Borough Council.Complaints about an employee of the Council (i.e. the Clerk) shall be dealt with as an employment matter. The complainant can be assured that the matter will be dealt with internally as such and appropriate action taken as required. Complaints or concerns expressed to any member of the Council about the following matters will be recorded by the Clerk to indicate the date of the complaint, name of complainant (nb anonymous complaints will not normally be accepted), details of the complaint (eg location) and subsequently the date of the Council Meeting at which the issue was raised and any decision was taken:1) The safety or state of repair of any highways or pavements in the Parish 2) The safety or state of repair of any building, asset or facility in the Parish owned by the County, Borough or Parish Council (e.g. Village Pond, Bus Shelter, Village Green etc) 3) The state of compliance with Planning Regulations of any building, or modification to any building or trees in the Parish. The name of the person who raised the complaint or concern should not be mentioned at a Council Meeting or in the Minutes of the Meeting. The remainder of the procedure is aimed at those situations where a complaint has been made, either by complainants direct or referred back to the Council from other bodies, about the administration of the Council or about its procedures. It is not an appropriate forum for a complaint against individuals, as the provisions available above cover these situations. Process Before the Meeting: 1. If a complaint about procedures or administration is made orally to a Councillor or the Clerk and they cannot satisfy the complainant fully immediately, the complainant shall be asked to put the complaint in writing to the Clerk. 2. Records of oral and written complaints shall be produced and maintained by the Clerk.3. If the complainant does not wish to put the complaint to the Clerk, he/she shall be advised to put it to the Chair of the Council. 4. On receipt of a written complaint the Clerk or the Chair shall attempt to settle the complaint directly with the complainant, but shall not do so in respect of a complaint about the behaviour of the Clerk or a Councillor without first notifying that person and giving an opportunity for comment on the matter. 5. The Clerk or Chair shall report to the next meeting of the Council any written complaint settled by direct action with the complainant.6. The Clerk or Chair shall bring any written complaint which has not been settled to the next meeting of the Council. 7. The complainant shall be invited to attend the relevant meeting and bring with them a representative if they wish. 8. 7 clear working days prior to the meeting, the complainant shall provide the Council with copies of any documentation or other evidence which they wish to refer to at the meeting and details of any representative to attend the meeting. The Council shall similarly provide the complainant with copies of any documentation upon which they wish to rely at the meeting. At the Meeting 9. The Council shall consider whether the circumstances of the meeting warrant the exclusion of the public and the press. Any decision on a complaint shall be announced at the Council meeting in public. 10. Chair to introduce everyone. 11. Chair to explain procedure. 12. Complainant (or representative) to outline grounds for complaint. 13. Councillors to ask any question of the complainant. 14. If relevant, Clerk to explain the Council’s position. 15. Councillors to ask any question of the Clerk. 16. Clerk and complainant to be offered opportunity of last word (in this order). 17. Clerk and complainant to be asked to leave room while Councillors decide whether or not the grounds for the complaint have been made. (If a point of clarification is necessary, both parties to be invited back). 18. Clerk and complainant return to hear decision, or to be advised when decision will be made. After the Meeting 19. Decision confirmed in writing within seven working days together with details of any action to be taken.
Document Publication SchemeIntroduction The Freedom of Information Act 2000 requires public authorities – this includes parish councils is North Waltham Parish Council have adopted the model scheme endorsed by NALC which is comprised of 6 core classes of information, which are mandatory, and a group of optional classes of information. All mandatory documents will be retained in hard copy and backed up either with an electronic or hard copy in a separate location. Availability of Council Documents The documents listed in the table below can be inspected either by reference to the website (http://www.northwaltham-pc.gov.uk), where they are held as read-only documents, or by contacting the Clerk between the hours of 10am and 3pm (Tel: 01256-397720 or e-mail: kbleazard@tiscali.co.uk). Photocopies may be made available at 10p per sheet. The Clerk’s time spent locating and retrieving the information may be subject to charge at a rate of £25 per hour. Information available from
Document Retention PolicyNorth Waltham Parish Council will retain its important documents for the periods listed in the table below (consistent with advice from HAPTC Mail No 043-05). These periods are to be considered as minimum retention times. The Clerk will be responsible for ensuring that the documents are filed in an orderly and secure manner at all times. Documents will be made available on request according to the requirements of the Council’s Document Publication Policy.
Employment Disciplinary ProcedureWithin this procedure, all actions or duties of the Chairman may be undertaken by the Vice Chairman, if the former is indisposed or otherwise unavailable. The Council’s Staffing Committee is deemed to be a sub-committee of the Council to include the Chairman and two other members of the Council 1. Introduction This procedure is designed to help and encourage the Clerk to achieve and maintain acceptable standards of conduct and job performance at all times including the need to:
This procedure indicates the disciplinary procedure that will normally be followed in the event of misconduct. The following list provides examples of conduct that will normally be regarded as conduct leading to disciplinary procedures. This list is not exhaustive:
For first instances of minor misconduct the Chairman may speak to the Clerk informally before implementing a formal disciplinary procedure. However there is no obligation for the Chairman to do this. 2. Verbal Warnings Verbal Warnings are issued for most first instances of general misconduct, depending on the seriousness of the offence. If the Clerk is given a Verbal Warning she will be warned of the likely consequences of any further disciplinary offences or a failure to improve her conduct to the satisfaction of the Council. A note confirming the Verbal Warning will be placed on file and a copy will be provided to the Clerk. A Verbal Warning will normally remain in force for 6 months. The Verbal Warning stage of the procedure may be omitted if the offence is of a sufficiently serious nature. 3. Written Warning In the case of a serious offence or repetition of an earlier minor offence the Clerk will normally be given a Written Warning. A Written Warning will be issued by the Chairman and will set out:
A Written Warning will normally remain in force for 6 months. 4. Subsequent Procedure and Disciplinary Meetings
5. Dismissal Procedure for use in Connection with Gross Misconduct The following list provides examples of conduct that will normally be regarded by the Council as Gross Misconduct. This list is not exhaustive. These are examples only:
If the Clerk is accused of any Gross Misconduct she may be suspended from work on full pay pending the outcome of an investigation into the alleged offence(s). Such a period of suspension will not normally exceed 10 days unless there are exceptional circumstances. The Council will investigate the matter and will establish the facts surrounding the complaint as necessary, taking into account the statements of any available w If the Council believes the Clerk is guilty of gross misconduct her employment will be terminated summarily without notice or pay in lieu of notice. The Council will send the Clerk a statement, setting out the allegations of misconduct that led to the Clerk’s dismissal and the Council’s basis for thinking that the Clerk is guilty of that misconduct. The date on which the employment terminated will be confirmed to the Clerk and the Clerk may be reminded of any continuing obligations she may have following the termination of employment. This statement will also explain the Clerk’s right to appeal against the Council’s decision. If the Clerk wishes to appeal against the Council’s decision she must notify the Council in writing within 2 days of receiving notice of the Council’s decision. . If the Clerk appeals, the Council will invite the Clerk to attend a disciplinary appeal meeting before the Council’s Staffing Committee. The Clerk must take all reasonable steps to attend the meeting. The Clerk has the right to be accompanied to a disciplinary appeal meeting. Any disciplinary appeal meeting will normally be convened within 5 days of the Council receiving notice from the Clerk that she wishes to appeal. If the date of the meeting is inconvenient for the Clerk or her companion the Clerk may ask to postpone the meeting by up to 5 days. Any new evidence that the Clerk wishes to put forward will be considered as will any new evidence from the Council. The original disciplinary penalty will be reviewed. The disciplinary sanction originally imposed cannot be increased upon appeal. The disciplinary appeal meeting will not necessarily take place before any disciplinary sanction imposed by the Council takes affect. If the Clerk’s appeal is against dismissal and the appeal is successful she will be reinstated and continuity of employment will be preserved. The meeting may be adjourned to allow matters raised during the course of the meeting to be investigated, or to afford the Council’s Staffing Committee time to consider its decision. After the disciplinary appeal meeting the Clerk will be informed of the Council’s final decision within 2 days. The Council’s decision will be confirmed to the Clerk in writing. Employment Grievance ProcedureWithin this procedure, all actions or duties of the Chairman may be undertaken by the Vice Chairman, if the former is indisposed or otherwise unavailable. The Council’s Staffing Committee is deemed to be a sub-committee of the Council to include the Chairman, and two other members of the Council Introduction The objectives of the procedure are:
Matters excluded from this procedure are:
In the interests of maintaining good working relations the Clerk is encouraged to first discuss any grievance with the Chairman with a view to resolving the matter informally if appropriate. If the Clerk feels that this is not appropriate or she wishes to pursue a formal grievance she should follow the procedure detailed below. Formal Grievance Procedure The Clerk must set out her grievance in writing (“Statement of Grievance”) and provide a copy to the Chairman. Once the Council has had a reasonable opportunity to consider its response to the information provided in the Statement of Grievance the Clerk will be invited to attend a grievance meeting to discuss the matter. The Chairman will be accompanied by one other member of the Council’s Staffing Committee. The Clerk must take all reasonable steps to attend the meeting. Grievance meetings will normally be convened within 5 days of the Council receiving the Statement of Grievance. The Clerk has the right to be accompanied to a grievance meeting. If the meeting is inconvenient for either the Clerk or her companion, the Clerk has the right to postpone the meeting by up to 5 days. A grievance meeting may be adjourned to allow matters raised during the course of the meeting to be investigated, or to afford the Chairman time to consider the decision. After the meeting the Clerk will be informed of the Council’s decision within 2 days. The Council’s decision will be confirmed to the Clerk in writing. If the Clerk wishes to appeal against the Council’s decisions she must inform the Council within 5 days of receiving the decision. If the Clerk notifies the Council that she wishes to appeal, the Clerk will be invited to attend a grievance appeal meeting before the Council’s Staffing Committee. The Clerk must take all reasonable steps to attend that meeting. The Clerk has the right to be accompanied to a grievance appeal meeting. Grievance Appeal Meetings A grievance appeal meeting will normally be convened within 5 days of the Council receiving notice that the Clerk wishes to appeal. If the meeting time is inconvenient for the Clerk or her companion, the Clerk may ask to postpone the meeting by up to 5 days. After the grievance appeal meeting the Clerk will be informed of the Council’s final decision within 2 days. The Council’s decision will be confirmed to the Clerk in writing. Equal Opportunities PolicyPolicy Statement North Waltham Parish Council is committed to the principles and practice of equal opportunity. The Parish Council wishes to provide equal opportunities to all irrespective of their gender, race, ethnic origin, disability, age, nationality, national origin, sexuality, religion, marital status and social class. We oppose all forms of unlawful and unfair discrimination. The equal opportunities policy will be distributed to all employees. Our Commitment The commitment to equal opportunities in the Parish Council is good management practice and makes sound business sense. Breaches of the Parish Council’s equal opportunities policy will be regarded as misconduct and could lead to disciplinary proceedings. This policy is fully supported by North Waltham Parish Council. Financial Regulations1 GENERAL 1.1 These financial regulations govern the conduct of financial management by the Council and may only be amended or varied by resolution of the Council. 1.2 The Responsible Financial Officer (RFO) is a statutory office and shall be appointed by the Council. The Clerk is appointed as RFO for this Council. The RFO, acting under the policy direction of the Council, shall administer the Council's financial affairs in accordance with proper practices. 1.3 The RFO shall produce financial management information as required by the Council. 1.4 A Financial Auditor shall be appointed by the Council to provide the necessary independence in the administration of the financial affairs of the Council. 1.5 In these financial regulations, references to the Accounts and Audit Regulations shall mean the Regulations issued under the provisions of section 27 of the Audit Commission Act 1998 and then in force. 1.6 In these financial regulations the term ‘proper practice’ or ‘proper practices’ shall refer to guidance issued in Governance and Accountability in local Councils in England and Wales – a Practitioners’ Guide published jointly by NALC and SLCC and updated from time to time. 2 ANNUAL ESTIMATES (BUDGET) 2.1 Detailed estimates of all receipts and payments including the use of reserves and all sources of funding for the year shall be prepared each year by the RFO in the form of a budget to be considered by the Council at its November meeting. The annual budget finally agreed shall form the basis of financial control for the ensuing year. 2.2 The Council shall review the budget not later than the end of December each year and shall fix the precept to be levied for the ensuing financial year. The RFO shall issue the precept to the billing authority and shall supply each member with a copy of the approved budget. 3 BUDGETARY CONTROL 3.1 Expenditure on revenue items may be incurred up to the amounts included for that class of expenditure in the approved budget. 3.2 The RFO shall regularly provide the Council with a statement of receipts and payments to date under each head of the budgets, comparing actual expenditure to the appropriate date against that planned as shown in the budget. 3.3 The Clerk and a Councillor, or in the absence of the Clerk, any 2 Councillors, may incur expenditure on behalf of the Council which is necessary to carry out any repair, replacement or other work which is of such extreme urgency that it must be done at once, whether or not there is any budgetary provision for the expenditure, subject to a limit of £300. This action shall be reported to the Council as soon as practicable thereafter. 3.4 No expenditure shall be incurred unless the Council is satisfied that the necessary funds are available. 3.5 All capital works shall be administered in accordance with the Council's standing orders and financial regulations relating to contracts. 4 ACCOUNTING AND AUDIT 4.1 All accounting procedures and financial records of the Council shall be determined by the RFO in accordance with the Accounts and Audit Regulations. 4.2 The RFO shall complete the annual financial statements of the Council, including the Council’s annual return, as soon as practicable after the end of the financial year and shall submit them and report thereon to the Council. 4.3 The RFO shall complete the Accounts of the Council contained in the Annual Return (as supplied by the Auditor appointed from time to time by the Audit Commission) and shall submit the Annual Return for approval and authorisation by the Council within the timescales set by the Accounts and Audit Regulations. 4.4 The RFO shall ensure that there is adequate and effective system of internal audit of the Council's accounting, financial and other operations in accordance with proper practices. Any member of the Council shall, if the RFO or Internal Auditor requires, make available such documents of the Council which appear to the RFO or Internal Auditor to be necessary for the purpose of the internal audit and shall supply the RFO or Internal Auditor with such information and explanation as the RFO or Internal Auditor considers necessary for that purpose. 4.5 The Internal Auditor shall be appointed by and shall carry out the work required by the Council in accordance with proper practices. The Internal Auditor, who shall be competent and independent of the operations of the Council, shall report to Council in writing, one annual written report in respect of each financial year. In order to demonstrate objectivity and independence, the internal auditor shall be free from any conflicts of interest and have no involvement in the financial decision making, management or control of the Council. 4.6 The RFO shall make arrangements for the opportunity for inspection of the accounts, books, and vouchers and for the display or publication of any Notices and statements of account required by Audit Commission Act 1998 and the Accounts and Audit Regulations. 4.7 The RFO shall, as soon as practicable, bring to the attention of all councillors any correspondence or report from the Internal or External Auditor, unless the correspondence is of a purely administrative matter. 5 BANKING ARRANGEMENTS AND CHEQUES 5.1 The Council's banking arrangements, including the bank mandate, shall be made by the RFO and approved by the Council. They shall be reviewed annually following the AGM. 5.2 A schedule of the payments required, shall be prepared by the RFO and included within the regular meeting agenda. The relevant invoices shall be available at the meeting. If the schedule is in order it shall be authorised by a resolution of the Council. If appropriate, additional detail may be shown in the Minutes of the Meeting. 5.3 Cheques shall be signed by two members of Council. To indicate agreement of the details shown on the cheque or order for payment with the counterfoil and the invoice or similar documentation, the signatories shall each also initial the cheque counterfoil. 6 PAYMENT OF ACCOUNTS 6.1 Any payment shall be effected by cheque drawn on the Council's bankers. 6.2 All invoices for payment shall be examined, verified and certified by the Clerk. The Clerk shall satisfy herself that the work, goods or services to which the invoice relates shall have been received, carried out, examined and approved. 6.3 The RFO shall examine invoices in relation to arithmetic accuracy and shall analyse them to the appropriate expenditure heading. The Clerk shall take all steps to settle all invoices submitted, and which are in order, at the next available Council Meeting. 6.4 If a payment is necessary to avoid a charge to interest under the Late Payment of Commercial Debts (Interest) Act 1998, and the due date for payment is before the next scheduled Meeting of Council, where the RFO can certify that there is no dispute or other reason to delay payment, the Clerk may with the agreement of one Councillor, take all steps necessary to settle such invoices, provided that details of any such payment shall be submitted to the next appropriate meeting of Council. 6.5 The Council will not maintain any significant form of cash float. All cash received must be banked intact. Any payments made by the Clerk through the petty cash float (for example for postage or minor stationery items) shall be refunded on a regular basis, at least quarterly. 7 PAYMENT OF SALARIES 7.1 As an employer, the Council shall make arrangements to meet fully the statutory requirements placed on all employers by PAYE and National Insurance legislation. The payment of all salaries shall be made in accordance with payroll records and the rules of PAYE and National Insurance currently operating, and salaries shall be as agreed by Council. 7.2 Payment of salaries and payment of deductions from salary such as may be made for tax, national insurance and pension contributions, may be made in accordance with the payroll records and on the appropriate dates stipulated in employment contracts, provided that each payment is reported to and ratified by the next available Council Meeting. 8 LOANS AND INVESTMENTS 8.1 Any loan or investment shall be agreed in principle by the Council, negotiated in the name of the Council and detailed in the annual report and audit. 9 INCOME 9.1 The collection of any sums due to the Council shall be the responsibility of and under the supervision of the RFO. 10 ORDERS FOR WORK, GOODS AND SERVICES 10.1 An official order or letter shall be issued for all work, goods and services unless a formal contract is to be prepared or an official order would be inappropriate. Copies of orders shall be retained. 10.2 The Council is responsible for obtaining value for money at all times. The Clerk shall ensure as far as reasonable and practicable that the best available terms are obtained in respect of each transaction, usually by obtaining three or more quotations or estimates from appropriate suppliers. 10.3 The RFO shall to the best of her ability verify the lawful nature of any proposed purchase and present any relevant information to a Council meeting. 11 CONTRACTS 11.1 Procedures as to contracts are laid down as follows: (a) Every contract shall comply with these financial regulations, and no exceptions shall be made otherwise than in an emergency provided that these regulations shall not apply to contracts which relate to items (i) to (vi) below:
(b) Where it is intended to enter into a contract exceeding £10,000 in value for the supply of goods or materials or for the execution of works or specialist services other than such goods, materials, works or specialist services as are excepted as set out in paragraph (a) the Clerk shall invite tenders from at least three firms preferably taken from the appropriate approved list. (c) When applications are made to waive financial regulations relating to contracts to enable a price to be negotiated without competition the reason shall be embodied in a recommendation to the Council. (d) Such invitation to tender shall state the general nature of the intended contract and the Clerk shall obtain the necessary technical assistance to prepare a specification in appropriate cases. The invitation shall in addition state that tenders must be addressed to the Clerk in the ordinary course of post. Each tendering firm shall be supplied with a specifically marked envelope in which the tender is to be sealed and remain sealed until the prescribed date for opening tenders for that contract. (e) All sealed tenders shall be opened at the same time on the prescribed date by the Clerk in the presence of at least one member of Council. (f) If less than three tenders are received or if all the tenders are identical the Council may make such arrangements as it thinks fit for procuring the goods or materials or executing the works. (g) When it is to enter into a contract less than £10,000 in value for the supply of goods or materials or for the execution of works or specialist services other than such goods, materials, works or specialist services as are excepted as set out in paragraph (a) the Clerk shall obtain 3 quotations (priced descriptions of the proposed supply); where the value is below £1,000 and above £300 the Clerk shall strive to obtain 3 estimates. (h) The Council shall not be obliged to accept the lowest or any tender, quote or estimate. 12. PAYMENTS UNDER CONTRACTS 12.1 Payments on account of the contract sum shall be made within the time specified in the contract by the RFO upon authorised certificates of the architect or other consultants engaged to supervise the contract (subject to any percentage withholding as may be agreed in the particular contract). 12.2 Where contracts provide for payment by instalments the RFO shall maintain a record of all such payments. In any case where it is estimated that the total cost of work carried out under a contract, excluding agreed variations, will exceed the contract sum of 5% or more a report shall be submitted to the Council. 12.3 Any variation to a contract or addition to or omission from a contract must be approved by the Council and Clerk to the Contractor in writing, the Council being informed where the final cost is likely to exceed the financial provision. 13 STORES AND EQUIPMENT 13.1 The RFO shall be responsible for periodic checks of Council owned stores and equipment. 14 ASSETS, PROPERTIES AND ESTATES 14.1 The Clerk shall make appropriate arrangements for the custody of all title deeds of properties owned by the Council. The RFO shall ensure a record is maintained of all properties owned by the Council, recording the location, extent, plan, reference, purchase details, nature of the interest, tenancies granted, rents payable and purpose for which held in accordance with Accounts and Audit Regulations. 14.2 No property shall be sold, leased or otherwise disposed of without the authority of the Council, together with any other consents required by law. 14.3 The RFO shall ensure that an appropriate and accurate Register of Assets and Investments is kept up to date. The continued existence of tangible assets shown in the Register shall be verified at least annually. 15 INSURANCE 15.1 Following the annual risk assessment, the RFO shall effect all insurances and negotiate all claims on the Council’s insurers and keep records thereof. 15.2 The RFO shall be notified of any loss liability or damage or of any event likely to lead to a claim, and shall report these to Council at the next available meeting. 16 CHARITIES 16.1 The Council maintains a policy of not making donations to Charities. This does not exclude the Council’s right to make payments under Section 137 of the Local Government Act 1972. 17 RISK MANAGEMENT 17.1 The Council is responsible for putting in place arrangements for the management of risk including financial risk. The Clerk shall prepare, for approval by the Council, risk management policy statements in respect of all activities of the Council. Risk policy statements and consequential risk management arrangements shall be reviewed by the Council at least annually. 17.2 When considering any new activity, the Clerk shall prepare a draft risk assessment including risk management proposals for consideration and adoption by the Council. 18 REVISION OF FINANCIAL REGULATIONS
Health and Safety At Work PolicyGeneral Statement
Aims Of The Health And Safety At Work Policy To provide as far as reasonably practicable:
Arrangements And Responsibilities For Carrying Out The Health And Safety At Work Policy The Council’s Safety Officer will:
The Clerk will:
Information Security PolicyThe Council will process and retain any personal data that it may hold or process as either manual or electronic records in accordance with the principles of the Data Protection Act 1998. These are: § Fair and lawful processing of data. § Personal data must only be used for the original purpose for which it was obtained. § Personal data must be adequate, relevant and not excessive for the purpose. § Personal data shall be accurate and kept up to date. § Personal data must not be kept for longer than necessary. § Personal data must be processed according to the rights of the individuals. § Appropriate technical and organisational security measures must be in place. § Personal data must not be transferred via the world wide web without consent. When personal data (any information that identifies a living person) is collected, the Council will be fair and open, explaining why the data is being collected, how it will be processed and to whom it might be passed. Data will not be passed on to a 3rd party without documented consent and will be deleted or destroyed once used for the purpose gathered. If information is gathered for Audit purposes, this will be kept with the relevant accounts for the financial year, then destroyed when the accounts are due for destruction. Information on the Village web site administered by the Parish Council has been derived from documents in the public domain (e.g. Parish Magazine) and in the possession of the Parish Council, or as news items contributed by the site editors or from outside sources to whom credit is given. The requirements of this policy apply to all data recorded on the web site. Data will be held at the premises of the Clerk in a safe and secure manner at all times. A monthly back-up of all Parish Council computer data will be held at an off-site address. This is for back-up purposes only and not for general access. Job Description of the Clerk to the CouncilResponsibilities The Clerk to North Waltham Parish Council is the proper Officer of the Council, and as such is under a statutory duty to carry out all the functions, and in particular to serve all the notifications required by law of a Local Authority’s Proper Officer. The Clerk will be totally responsible for ensuring that the instructions of the Council in connection with its function as a Local Authority are carried out. The Clerk is the Responsible Financial Officer and responsible for all the financial records of the Council and the careful administration of its finances. Duties
Recruitment PolicyNorth Waltham Parish Council adheres at all times to current employment legislation. Any vacancy in the position of Clerk to the Council, as the only paid employment opportunity, is advertised on the Parish Council notice board and in any other location and media considered appropriate to inform and attract suitable candidates from every area of the community. Individual applicants are assessed against the Person Specification for the position and their capability to carry out the tasks as set out in the Job Description. Gender, race, disability, gender reassignment, sexual orientation and religion/belief are considered irrelevant in an assessment of an applicant’s suitability for the position. Interviewing is carried out by a panel comprising the Chair and at least one other member of the Parish Council’s Staffing Committee. The members of the Staffing Committee that have been involved in the interviewing process will provide their recommendation and reasons for it for ratification at the next full Council meeting. Retirement PolicyNorth Waltham Parish Council recognizes the fact that The Employment Equality (Age) Regulations (2006) introduced a national default retirement age of 65. However the Council believes that age in itself is no barrier to the job of the Clerk so has no fixed retirement age for this position. The Clerk’s ability to perform the job as defined in the Job Description is monitored and subject to an annual performance review. Standard Contract of Employment for Clerk1. Introduction This statement sets out particulars of your terms and conditions of employment with North Waltham Parish Council, which are required to be given to you by law. Your employment commenced on ______________________ (date) The National Agreement on Pay and Conditions of Service of the National Joint Council (“the NJC”) for Local Government Services (the ‘Green Book’) applies to your employment save as amended by this contract. Confirmation of your appointment will be subject to satisfactory completion of a period of probationary service of not less than 2 calendar months. During any such period of service you would be expected to establish your suitability for the post. 2. Job Title The title of the job for which you are employed is Clerk to North Waltham Parish Council. The Council has employed you under the provisions of section 112(1) and (2) of the Local Government Act 1972. The duties of the post are set out in the job description attached to this contract (appendix 1). Any amendment to the job description may only be implemented with your consent and following a decision of the Council. 3. Declaration of Other Employment It is a condition of this Contract of Employment that you inform the Council of any additional employment you undertake, using the form provided in appendix 5, to ensure that no additional tax or insurance liabilities will accrue to the Council. The Council also reserves the right to require that any other employment that you undertake does not conflict with the role or standards required to be undertaken or met in the public office of the Clerk to the Council. 4. Place of Work Your usual place of work is _____________________ (Your home address). 5. Salary Your salary is in accordance with the current NJC salary point (actual scale in relation to the benchmark profile and start point) and is calculated by pro-rata reference to the standard working week for local government staff of 37 hours. You have been appointed to a single salary point and the Council will review your salary annually with any changes being introduced in April or at the Council’s discretion. You will be notified of the rate for the year ahead annually in April, or at the time of the publication of NJC scales. In addition one salary point will be added to your salary, up to a maximum of four points, for success in obtaining or already holding each of the following relevant qualifications:
Your salary will be paid by cheque at quarterly intervals following the meetings of the Council in June, September, December and March. 6. Expenses The Council will reimburse all expenses incurred by you in the discharge of duties of the Clerk and approved by the Council. Any travel, mileage and subsistence expenses incurred by you and approved by the Council will be paid at the maximum rate payable free of tax laid down by the Inland Revenue at the time. 7. Working from Home – Additional Clauses As the Council requires that your office, for the purposes of the Council, is your home, then it will carry out a Risk Assessment to check the accommodation to ensure that Health and Safety regulations are met. The Council undertakes to meet the cost of ensuring that these conditions are met. The cost of all stationery and consumables and computer consumables against vouchers / invoices submitted to the Council will be reimbursed. The Council will provide a separate telephone/fax line or reimburse the costs of use of private lines for telephone, fax and online access against itemised invoices submitted to the Council or provide a dedicated phone facility. The Council will pay an agreed sum to take into account the use of space, lighting, heating and electricity due to you working from home; this will be paid in the same months as salary payments You will be notified of the rate for the year ahead annually in April. The rate will usually be the maximum permitted tax-free. The Council will provide a dedicated computer or pay an agreed sum on a quarterly basis to include depreciation for the use of your private computer. The Council will pay for all necessary software or upgrades required for you to fulfil duties required by the Council. The Council agrees to fully indemnify you for both Employers and Public Liability Insurance for working from your own premises or any additional premium required by your own insurance. You will make yourself available to members of the public at the designated address or alternatively at other accessible premises designated by the Council. 8. Appraisal You will receive an annual Appraisal/Development Review. Should there be any concern about performance, other than matters relating to discipline, the Council undertakes to work with you to seek to ensure that necessary training, mentoring and support is provided to ensure that agreed standards of performance are reached in a reasonable agreed time frame. The Review will be undertaken by the Chairman of the Council. Another member of the Council may be present as an observer if requested by you. 9. Hours of Work For salary purposes your hours of work are assumed to be 30 hours per calendar month. This number of hours includes a pro rata allocation of 25 days leave a year, 2 extra statutory days as laid down in the NYC agreement, and normal bank and public holidays for which no further allowance will be made. After these adjustments for holidays are made the hours assumed to be actually worked is 86.5% of the total, i.e. 26 per month. With the exception of Council meetings, which must always be attended, the allocation of your time to Council work is at your discretion. No more than 5 hours may be carried over into the following month. 10. Additional Hours Exceptional additional hours required to be worked must be approved by the Council in advance and will be reimbursed at the overtime NJC rate 11. Annual Leave The Council should be notified in advance of time away from the office in excess of 7 days. Any holiday which includes the date of the Council’s monthly meeting should be agreed in advance. 12. Sickness Absence If you are absent from work on account of sickness or injury, you or someone on your behalf should inform the Council of the reason for your absence as soon as possible. In respect of absence lasting up to seven calendar days, you are required to inform the Chairman/Vice-Chairman and self-certificate your absence. In respect of absence lasting more than seven calendar days, you must provide a medical certificate stating the reason for the absence, and thereafter, consecutive certificates to cover any subsequent period of absence. You will be paid the agreed basic remuneration for up to 6 months certificated absence. The Council will be responsible for reclaiming the Statutory Sick Pay element from the Inland Revenue. Entitlement to payment is subject to notification of absence and production of medical certificates as required above. The Council operates the Statutory Sick Pay scheme and you are required to co-operate in the maintenance of necessary records. Payments made by the Council under its sick pay provisions in satisfaction of any other contractual entitlement will go towards discharging the Council’s liability to make payment under the Statutory Sick Pay scheme. The Council reserves the right to require you at any time to submit to a medical examination by a medical practitioner nominated by the Council, subject to the provisions of the Access to Medical Reports Act 1988 where applicable. Any costs associated with the examination will be met by the Council. Whilst on absence due to sickness or incapacity you are not permitted to undertake any paid work for another employer or for any business established by you without express permission from the Council. 13. Maternity/Paternity/Adoption Leave Under the provisions of the Employment Rights Act 1996 (as amended by the Employment Act 2002 and regulations thereunder) you will be entitled to apply for Maternity/Paternity/Adoption leave. 14. Injury or Assault In the event of death or permanent disablement arising from a violent or criminal assault suffered in the course of employment all insurance payments will be made in accordance with paragraph 7 of Part 3 of the Green Book Terms and Conditions. 15. Gratuity In accordance with the NJC agreement, the Council has made provision for the payment of a gratuity at the end of the Clerk’s service. The sum will be no less than 3.5% of your gross salary during the entire period of employment, the exact sum to be at the Council’s discretion. 16. Death in Service In the event of your death in service any gratuities due will be paid as directed by your executors. 17. Notice of Termination of Employment During the probationary period: Either party may terminate the contract of employment by giving 1 weeks notice in writing.- After completion of the probationary period, the length of notice which you are obliged to give to the Council in writing to terminate your employment is eight weeks. The length of notice which you are entitled to receive from the Council in writing to terminate your employment is four weeks until you have been continuously employed for four years and thereafter such notice entitlement increases by one week for each year of continuous service until you have completed twelve years of continuous employment after which time you will be entitled to twelve weeks notice. Upon or within one week of termination of employment (whether that be during or after any probationary period) you are required to surrender to the Council any documents or materials that previously held on behalf of the Council. 18. Grievance and Discipline Before resorting to formal procedures it is the policy of the Council that discussions between both parties should be entered into with the express purpose of resolving the matter through a process of mediation seeking conciliation. Where necessary the Council will seek the services of an external expert to forward this process to reach a conclusion satisfactory to both parties in the dispute. Should formal procedures become necessary, the Council will use the Employment Grievance Procedure and Employment Disciplinary Procedures; these are based on the relevant NALC model procedures. 19. Health and Safety Regulations, Other Legislation & Council Policies You are expected to familiarise yourself with all relevant Regulations, Legislation and Policies applying to or made by the Council and to ensure that you and others comply with these as required. 20. Training and Development It is essential that the Officers and employees of the Council maintain up-to-date knowledge of their function and duties. To this end the Council will expect and support your necessary training and development and meet all course and examination expenses and any travel and subsistence. Time taken for study may be re-imbursed if agreed in principle beforehand by the Council and fully documented. 21. Indemnity The Council undertakes to indemnify you against any actions of commission or omission that are made in good faith on behalf of the Council. Standing Orders1 Meetings (a) Meetings shall not take place in premises, which at the time of the meeting, are used for the supply of alcohol unless no other premises are available free of charge or at a reasonable cost. (b) When calculating the 3 clear days for notice of a meeting to councillors and the public, the day on which notice was issued, the day of the meeting, a Sunday, a day of the Christmas break, a day of the Easter break or of a bank holiday or a day appointed for public thanksgiving or mourning shall not count. (c) Meetings shall be open to the public unless their presence is prejudicial to the public interest by reason of the confidential nature of the business to be transacted or for other special reasons. The public’s exclusion from part or all of a meeting shall be by a resolution which shall give reasons for the public’s exclusion. (d) The period of time which is designated for public participation shall not normally exceed 10 minutes, but is at the Chairman’s discretion. (e) Photographing, recording, broadcasting or transmitting the proceedings of a meeting by any means is not permitted without the Council’s consent. (f) In accordance with standing order 1(c) above, the press shall be provided reasonable facilities for the taking of their report of all or part of a meeting at which they are entitled to be present. (g) Subject to standing orders which indicate otherwise, anything authorised or required to be done by, to or before the Chairman may in his absence be done by, to or before the Vice-Chairman (if any). (h) Subject to standing orders which indicate otherwise, anything authorised or required to be done by, to or before the Chairman may in his absence be done by, to or before the Vice-Chairman (if any). (i) The Chairman, if present, shall preside at a meeting. If the Chairman is absent from a meeting, the Vice-Chairman, if present, shall preside. If both the Chairman and the Vice-Chairman are absent from a meeting, a Councillor as chosen by the Councillors present at the meeting shall preside at the meeting. (j) Subject to model standing order 1 (q) below, all questions at a meeting shall be decided by a majority of the Councillors present and voting thereon. (k) The Chairman may give an original vote on any matter put to the vote, and in the case of an equality of votes may exercise his casting vote whether or not he gave an original vote. (See also standing orders 2 (i) and (j) below.) (l) Unless standing orders provide otherwise, voting on any question shall be by a show of hands. At the request of a Councillor, the voting on any question shall be recorded so as to show whether each councillor present and voting gave his vote for or against that question. (m) The minutes of a meeting shall record the names of councillors present. (n) The code of conduct adopted by the Council shall apply to councillors in respect of the entire meeting. (o) An interest arising from the code of conduct adopted by the Council, the existence and nature of which is required to be disclosed by a Councillor at a meeting shall be recorded in the minutes. (See also standing order 6 below.) (p) No business may be transacted at a meeting unless at least one third of the whole number of members of the Council are present and in no case shall the quorum of a meeting be less than 3. (q) If a meeting is or becomes inquorate no business shall be transacted and the meeting shall be adjourned. Any outstanding business of a meeting so adjourned shall be transacted at a following meeting. (r) Meetings shall not exceed a period of 2 hours unless an extension to the meeting is agreed by the Council. 2 Ordinary Council meetings See also standing order 1 above (a) In an election year, the annual general meeting of the Council shall be held on or within 14 days following the day on which the new councillors elected take office. (b) In a year which is not an election year, the annual general meeting of a Council shall be held on such day in May as the Council may direct. (c) If no other time is fixed, the annual general meeting of the Council shall take place at 6pm. (d) In addition to the annual general meeting of the Council, at least three other ordinary meetings shall be held in each year on such dates and times as the Council directs. (e) The election of the Chairman and Vice-Chairman (if any) of the Council shall be the first business completed at the annual general meeting of the Council. (f) The Chairman of the Council, unless he has resigned or becomes disqualified, shall continue in office and preside at the annual general meeting until his successor is elected at the next annual general meeting of the Council. (g) The Vice-Chairman of the Council, if any, unless he resigns or becomes disqualified, shall hold office until immediately after the election of the Chairman of the Council at the next annual general meeting of the Council. (h) In an election year, if the current Chairman of the Council has not been re-elected as a member of the Council, he shall preside at the meeting until a successor Chairman of the Council has been elected. The current Chairman of the Council shall not have an original vote in respect of the election of the new Chairman of the Council but must give a casting vote in the case of an equality of votes. (i) In an election year, if the current Chairman of the Council has been re-elected as a member of the Council, he shall preside at the meeting until a new Chairman of the Council has been elected. He may exercise an original vote in respect of the election of the new Chairman of the Council and must give a casting vote in the case of an equality of votes. (j) Following the election of the Chairman of the Council and Vice-Chairman (if any) of the Council at the annual general meeting of the Council, the order of business shall be as follows. i) In an election year, delivery by councillors of their declarations of acceptance of office. ii) Confirmation of the accuracy of the minutes of the last meeting of the Council and to receive and note minutes of and/or to determine recommendations made by committees. iii) Review of delegation arrangements to committees, sub-committees, employees and other local authorities. iv) Review of the terms of references for committees. v) Receipt of nominations to existing committees. vi) Appointment of any new committees, confirmation of the terms of reference, the number of members (including, if appropriate, substitute councillors) and receipt of nominations to them. vii) Review and adoption of appropriate standing orders and financial regulations. viii) Review of arrangements, including any charters, with other local authorities and review of contributions made to expenditure incurred by other local authorities. ix) Review of representation on or work with external bodies and arrangements for reporting back. x) In a year of elections, if a Council’s period of eligibility to exercise the power of well being expired the day before the annual meeting, to review and make arrangements to reaffirm eligibility. xi) Review of inventory of land and assets including buildings and office equipment. xii) Review and confirmation of arrangements for insurance cover in respect of all insured risks. xiii) Review of the Council’s and/or employees’ memberships of other bodies. xiv) Establishing or reviewing the Council’s complaints procedure. Establishing or reviewing the Council’s procedures for handling requests made under the Freedom of Information Act 2000 and the Data Protection Act 1998. xv) Establishing or reviewing the Council’s policy for dealing with the press/media xvi) Setting the dates, times and place of ordinary meetings of the full Council for the year ahead. 3 Proper Officer (a) The Council’s Proper Officer shall be either (i) the clerk or such other employee as may be nominated by the Council from time to time or (ii) such other employee appointed by the Council to undertake the role of the Proper Officer during the Proper Officer’s absence. The Proper Officer and the employee appointed to act as such during the Proper Officer’s absence shall fulfil the duties assigned to the Proper Officer in standing orders. (b) The Council’s Proper Officer shall do the following. i) Upon the Council having first resolved that service of summons on councillors confirming the time, date, venue and the agenda for a meeting by delivery or post at their residences at least 3 clear days before a meeting is not expedient, electronically serve on councillors a summons confirming the time, date, venue and the agenda of a meeting of the Council and a meeting of a committee and a sub-committee at least 3 clear days before the meeting provided any such email contains the electronic signature and title of the Proper Officer. ii) Give public notice of the time, date, venue and agenda at least 3 clear days before a meeting of the Council or a meeting of a committee (provided that the public notice with agenda of an extraordinary meeting of the Council convened by councillors is signed by them). iii) Convene a meeting of full Council for the election of a new Chairman of the Council, occasioned by a casual vacancy in his office, in accordance with standing order 3(b)i above. iv) Make available for inspection the minutes of meetings. v) Receive and retain copies of byelaws made by other local authorities. vi) Receive and retain declarations of acceptance of office from councillors. vii) Process all requests made under the Freedom of Information Act 2000 and Data Protection Act 1998, in accordance with and subject to the Council’s procedures relating to the same. viii) Receive and send general correspondence and notices on behalf of the Council except where there is a resolution to the contrary. ix) Manage the organisation, storage of and access to information held by the Council in paper and electronic form. x) Arrange for legal deeds to be signed by 2 councillors and witnessed (See also model standing orders 12(a) and (b).) xi) Arrange for the prompt authorisation, approval, and instruction regarding any payments to be made by the Council in accordance with the Council’s financial regulations. xii) Record every planning application notified to the Council and the Council’s response to the local planning authority in a book for such purpose. xiii) Action or undertake activity or responsibilities instructed by resolution or contained in standing orders. 4 Motions requiring written notice a No motion may be moved at a meeting unless it is included in the agenda and the mover has given written notice of its wording to the Council’s Proper Officer at least 4 clear days before the next meeting. b The Proper Officer may, before including a motion in the agenda received in accordance with standing order 4(a) above, correct obvious grammatical or typographical errors in the wording of the motion. c If the wording or nature of a proposed motion is considered unlawful or improper, the Proper Officer shall consult with the Chairman of the forthcoming meeting or, as the case may be, the Councillors who have convened the meeting, to consider whether the motion shall be included or rejected in the agenda. d Having consulted the Chairman or councillors pursuant to standing order 4(c) above, the decision of the Proper Officer as to whether or not to include the motion in the agenda shall be final. 5 Motions not requiring written notice (a) Motions in respect of the following matters may be moved without written notice. i) To appoint a person to preside at a meeting. ii) To approve the absences of councillors. iii) To approve the accuracy of the minutes of the previous meeting. iv) To correct an inaccuracy in the minutes of the previous meeting. v) To dispose of business, if any, remaining from the last meeting. vi) To alter the order of business on the agenda for reasons of urgency or expedience. vii) To proceed to the next business on the agenda. viii) To close or adjourn debate. ix) To refer by formal delegation a matter to a committee or to a sub-committee or an employee. x) To appoint a committee or sub-committee or any councillors (including substitutes) thereto. xi) To receive nominations to a committee or sub-committee. xii) To dissolve a committee or sub-committee. xiii) To note the minutes of a meeting of a committee or sub-committee. xiv) To consider a report and/or recommendations made by a committee or a sub-committee or an employee. xv) To consider a report and/or recommendations made by an employee, professional advisor, expert or consultant. xvi) To authorise legal deeds signed by two councillors and witnessed. (See standing orders 12(a) and (b) below.) xvii) To authorise the payment of monies up to £300. xviii) To amend a motion relevant to the original or substantive motion under consideration which shall not have the effect of nullifying it. xix) To extend the time limit for speeches. xx) To exclude the press and public for all or part of a meeting. xxi) To silence or exclude from the meeting a Councillor or a member of the public for disorderly conduct. xxii) To give the consent of the Council if such consent is required by standing orders. xxiii) To suspend any standing order except those which are mandatory by law. xxiv) To adjourn the meeting. xxv) To appoint representatives to outside bodies and to make arrangements for those representatives to report back the activities of outside bodies. xxvi) To answer questions from councillors. (b) If a motion falls within the terms of reference of a committee or sub-committee or within the delegated powers conferred on an employee, a referral of the same may be made to such committee or sub-committee or employee provided that the Chairman may direct for it to be dealt with at the present meeting for reasons of urgency or expedience. 6 Code of Conduct (a) All councillors shall observe the code of conduct adopted by the Council. (b) All councillors shall undertake training in the code of conduct within 6 months of the delivery of their declaration of acceptance of office. (c) If paragraph 12(2) of the code of conduct contained in the Local Authorities (Model Code of Conduct) Order 2007 (SI No.1159) has been adopted by the Council or pursuant to relevant provisions in a statutory code of conduct in force at the time, councillors may exercise the rights contained in standing order 6(d) below only if members of the public are permitted to (i) make representations, (ii) answer questions and (iii) give evidence relating to the business being transacted. (d) Councillors with a prejudicial interest in relation to any item of business being transacted at a meeting may (i) make representations, (ii) answer questions and (iii) give evidence relating to the business being transacted but must, thereafter, leave the room or chamber. 7 Minutes (a) If a copy of the draft minutes of a preceding meeting has been circulated to councillors no later than the day of service of the summons to attend the scheduled meeting they shall be taken as read. (b) No discussion of the draft minutes of a preceding meeting shall take place except in relation to their accuracy. A motion to correct an inaccuracy in the minutes shall be raised in accordance with standing order 5(a)(iv) above. (c) Minutes, including any amendment to correct their accuracy, shall be confirmed by resolution and shall be signed by the Chairman of the meeting and stand as an accurate record of the meeting to which the minutes relate. (d) Upon a resolution which confirms the accuracy of the minutes of a meeting, any previous draft minutes or recordings of the meeting shall be destroyed. 8 Disorderly conduct (a) No person shall obstruct the transaction of business at a meeting or behave offensively or improperly. (b) If, in the opinion of the Chairman, there has been a breach of standing order 8(a) above, the Chairman shall express that opinion and thereafter any councillor (including the Chairman) may move that the person be silenced or excluded from the meeting, and the motion, if seconded, shall be put forthwith and without discussion. (c) If a resolution made in accordance with standing order 8(b) above, is disobeyed, the Chairman may take such further steps as may reasonably be necessary to enforce it and/or he may adjourn the meeting. 9 Rescission of previous resolutions (a) A resolution whether affirmative or negative of the Council shall not be reversed within 6 months except either by a special motion, the written notice whereof bears the names of at least 2 councillors of the Council, or by a motion moved in pursuance of the report or recommendation of a committee. (b) When a special motion or any other motion moved pursuant to standing order 9(a) above has been disposed of, no similar motion may be moved within a further 6 months. 10 Voting on appointments (a) Where more than 2 persons have been nominated for a position to be filled by the Council and none of those persons has received an absolute majority of votes in their favour, the name of the person having the least number of votes shall be struck off the list and a fresh vote taken. This process shall continue until a majority of votes is given in favour of one person. Any tie may be settled by the Chairman’s casting vote. 11 Expenditure (a) Any expenditure incurred by the Council shall be in accordance with the Council’s financial regulations. (b) The Council’s financial regulations shall be reviewed once a year. (c) The Council’s financial regulations may make provision for the authorisation of the payment of money in exercise of any of the Council’s functions to be delegated to a committee, sub-committee or to an employee. 12 Execution and sealing of legal deeds See also standing order 5(a)(xvi) above (a) A legal deed shall not be executed on behalf of the Council unless the same has been authorised by a resolution. (b) In accordance with a resolution made under standing order 12(a) above, any two members of the Council, may sign, on behalf of the Council, any deed required by law and the Proper Officer shall witness their signatures. 13 Committees See also standing order 1 above (a) The Council may, at its annual meeting, appoint standing committees and may at any other time appoint such other committees as may be necessary, and: i) shall determine their terms of reference; ii) may permit committees to determine the dates of their meetings; iii) shall appoint and determine the term of office of councillor or non-councillor members of such a committee (unless the appointment of non-councillors is prohibited by law) so as to hold office no later than the next annual meeting; iv) may appoint substitute councillors to a committee whose role is to replace ordinary councillors at a meeting of a committee if ordinary councillors of the committee have confirmed to the Proper Officer 4 days before the meeting that they are unable to attend; v) may in accordance with standing orders, dissolve a committee at any time. 14 Sub-committees See also standing order 1 above (a) Unless there is a Council resolution to the contrary, every committee may appoint a sub-committee whose terms of reference and members shall be determined by resolution of the committee. 15 Extraordinary meetings See also standing order 1 above (a) The Chairman of the Council may convene an extraordinary meeting of the Council at any time. (b) If the Chairman of the Council does not or refuses to call an extraordinary meeting of the Council within 7 days of having been requested to do so by two councillors, those two councillors may convene an extraordinary meeting of the Council. The statutory public notice giving the time, venue and agenda for such a meeting must be signed by the two councillors. (c) The Chairman of a committee (or a sub-committee) may convene an extraordinary meeting of the committee or sub-committee at any time. (d) If the Chairman of a committee (or a sub-committee) does not or refuses to call an extraordinary meeting within 7 days of having been requested by to do so by 2 councillors, those 2 councillors may convene an extraordinary meeting of a committee (or a sub-committee). The statutory public notice giving the time, venue and agenda for such a meeting must be signed by 2 councillors. 16 Advisory committees See also standing order 1 above (a) The Council may appoint advisory committees comprised of a number of councillors and non-councillors. (b) Advisory committees and any sub-committees may consist wholly of persons who are non-councillors. 17 Planning applications (a) The Clerk shall, as soon as it is received, enter in a book kept for the purpose the following particulars of every planning application notified to the Council : i) the date on which it was received ii) the name of the applicant iii) the place to which it relates iv) a summary of the nature of the application v) the date by which a response on behalf of the Council must be sent. (b) The Clerk shall notify the receipt of every planning application to all members of the Planning Committee within 48 hours of receipt. (c) Decisions concerning the Council’s response to the Planning Application will normally be made by the planning committee. However if any member of the Council considers that the application should be reviewed by the full council he/she should notify the Clerk within 48 hours of receipt of the planning application. 18 Accounts and Financial Statement (a) All payments by the Council shall be authorised, approved and paid in accordance with the Council’s financial regulations, which shall be reviewed at least annually. (b) The Responsible Financial Officer shall supply to each councillor as soon as practicable after 31 March, 30 June, 30 September and 31 December in each year a statement summarising the Council’s receipts and payments for the each quarter and the balances held at the end of a quarter. A Financial Statement prepared on the appropriate accounting basis (receipts and payments, or income and expenditure) for a year to 31 March shall be presented to each councillor before the end of the following month of May. The Statement of Accounts of the Council (which is subject to external audit), including the annual governance statement, shall be presented to Council for formal approval before 30 June. 19 Unauthorised activities (a) Unless authorised by a resolution, no individual councillor shall in the name or on behalf of the Council, a committee or a sub-committee: i) inspect any land and/or premises which the Council has a right or duty to inspect; or ii) issue orders, instructions or directions. 20 Confidential business (a) Councillors shall not disclose information given in confidence or which they believe, or ought to be aware is of a confidential nature. (b) A councillor in breach of the provisions of standing order 20(a) above may be removed from a committee or a sub-committee by a resolution of the Council. 21 Power of well-being (a) Before exercising the power to promote well-being, a meeting of the full Council shall have passed a resolution to confirm it has satisfied the prescribed statutory criteria required to qualify as an eligible parish council. (b) The Council’s period of eligibility begins on the date that the resolution under standing order 21(a) above was made and expires on the day before the annual meeting of the Council that takes place in a year of ordinary elections. (c) After the expiry of its preceding period of eligibility, the Council continues to be an eligible council solely for the purpose of completing any activity undertaken in the exercise of the power to promote well-being which was not completed before the expiry of the Council’s preceding period of eligibility referred to in standing order 21(b) above. 22 Matters affecting council employees (a) If a meeting considers any matter personal to a Council employee, it shall not be considered until the Council has decided whether or not the press and public shall be excluded pursuant to standing order 1(c) above. (b) The Chairman of the Staffing Committee or in his absence, the Vice-Chairman shall upon a resolution conduct a review of the performance and/or appraisal of the employee and shall keep a written record of it. The review and/or appraisal shall be reported back and shall be subject to approval by the Staffing Committee. (c) The Council shall keep written records relating to employees secure. All paper records shall be secured under lock and electronic records shall be password protected. 23 Liaison with District and County or Unitary Councillors (a) An invitation to attend a meeting of the Council shall be sent, together with the agenda, to the councillor of the District and County or Unitary Council representing its electoral ward. 24 Financial matters (a) Any proposed contract for the supply of goods, materials, services and the execution of works with an estimated value in excess of £10,000 shall be procured on the basis of a formal tender as summarised in standing order 24(b) below. (b) Any formal tender process shall comprise the following steps: i) a public notice of intention to place a contract to be placed in a local newspaper; ii) a specification of the goods, materials, services and the execution of works shall be drawn up; iii) tenders are to be sent, in a sealed marked envelope, to the Proper Officer by a stated date and time; iv) tenders submitted are to be opened, after the stated closing date and time, by the Proper Officer and at least one member of the Council; v) tenders are then to be assessed and reported to the appropriate meeting of Council or Committee. vi) Neither the Council, nor any committee, is bound to accept the lowest tender, estimate or quote. (c) Where the value of a contract is likely to exceed £138,893 (or other threshold specified by the Office of Government Commerce from time to time) the Council must consider whether the Public Contracts Regulations 2006 (SI No.5, as amended) and the Utilities Contracts Regulations 2006 (SI No. 6, as amended) apply to the contract and, if either of those Regulations apply, the Council must comply with EU procurement rules. 25 Standing orders to be given to councillors (a) The Proper Officer shall provide a copy of the Council’s standing orders to a councillor upon delivery of his declaration of acceptance of office. (b) The Chairman’s decision as to the application of standing orders at meetings shall be final. (c) A councillor’s failure to observe standing orders more than 3 times in one meeting may result in him being excluded from the meeting in accordance with standing orders. |
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