The Chairman on his own has no power to make decisions without the Resolution of the Council
A legal requirement the Chairman of Oakham Town Council Alf Dewis finds a little
difficult to understand and implement.
The law is very clear and easy to understand, No individual Councillor can run the
council.
Local Government Association Guidance states a good parish council is made up
of a team.
So when Cllr Alf Dewis decides through a informal meetings of past Councillors that all
Councillors are banned from entering the Town Councils Office that is
unlawful because the decision was made without any Resolution of the Council.
Also Cllr Alf Dewis spent over £1000 on employment and HR Legal
Advice when doing this he also broke the law because that expenditure was made without the
Resolution of the council.
Also when Cllr Alf Dewis makes employment decisions relating to the
Clerk he breaches the law because no Councillor can receive delegated power
of make decisions without the Resolution of the Council.
Below is a simple lawful guide which Cllr Alf Dewis might find useful:
The Chairman,
Is a member of the Council and is elected annually
Has the authority at meetings and must be obeyed
Is the interface between the public and the Council
The one to welcome speakers and make them ‘feel at home’
Is to make sure the decision is clear for the clerk to act upon
Note: The Chairman on his own has no power to make decisions without the Resolution of the Council
It is illegal for a clerk to take the chair at a meeting.
What does a good chairman do?
Plan the meeting with the clerk and ensure that everything on the agenda is legal.
Brief themselves and prepare fully – study all relevant information and anticipate the needs and interests of the members. The Chairman can then answer questions or deal with requests for information.
Be punctual – the Chairman should set a good example by arriving early to check the arrangements and welcome members, the public and any visiting speakers.
Conduct the meeting -
Check there is a quorum (minimum number of members needed to make the meeting legal)
Call the meeting to order and declare it open
Welcome members, the public and visiting speakers to the meeting
Introduce the standard items on the agenda – apologies; declarations of interest; confirmation of minutes of previous meeting
Introduce the agenda items and ensure that all members know what they have to achieve and how they might do it encourage participation
Stimulate an exchange of ideas and experience
Ensure that all have a chance to express their views freely
Keep the members aware of objectives
Maintain focus
Guide and progress discussion towards achieving the objectives
Manage conflict
Be fair and balanced
Preserve order
Enforce rules of procedure
Rule on disputed matters.
A legal requirement the Chairman of Oakham Town Council Alf Dewis finds a little
difficult to understand and implement.
The law is very clear and easy to understand, No individual Councillor can run the
council.
Local Government Association Guidance states a good parish council is made up
of a team.
So when Cllr Alf Dewis decides through a informal meetings of past Councillors that all
Councillors are banned from entering the Town Councils Office that is
unlawful because the decision was made without any Resolution of the Council.
Also Cllr Alf Dewis spent over £1000 on employment and HR Legal
Advice when doing this he also broke the law because that expenditure was made without the
Resolution of the council.
Also when Cllr Alf Dewis makes employment decisions relating to the
Clerk he breaches the law because no Councillor can receive delegated power
of make decisions without the Resolution of the Council.
Below is a simple lawful guide which Cllr Alf Dewis might find useful:
The Chairman,
Is a member of the Council and is elected annually
Has the authority at meetings and must be obeyed
Is the interface between the public and the Council
The one to welcome speakers and make them ‘feel at home’
Is to make sure the decision is clear for the clerk to act upon
Note: The Chairman on his own has no power to make decisions without the Resolution of the Council
It is illegal for a clerk to take the chair at a meeting.
What does a good chairman do?
Plan the meeting with the clerk and ensure that everything on the agenda is legal.
Brief themselves and prepare fully – study all relevant information and anticipate the needs and interests of the members. The Chairman can then answer questions or deal with requests for information.
Be punctual – the Chairman should set a good example by arriving early to check the arrangements and welcome members, the public and any visiting speakers.
Conduct the meeting -
Check there is a quorum (minimum number of members needed to make the meeting legal)
Call the meeting to order and declare it open
Welcome members, the public and visiting speakers to the meeting
Introduce the standard items on the agenda – apologies; declarations of interest; confirmation of minutes of previous meeting
Introduce the agenda items and ensure that all members know what they have to achieve and how they might do it encourage participation
Stimulate an exchange of ideas and experience
Ensure that all have a chance to express their views freely
Keep the members aware of objectives
Maintain focus
Guide and progress discussion towards achieving the objectives
Manage conflict
Be fair and balanced
Preserve order
Enforce rules of procedure
Rule on disputed matters.
