GUIDANCE ON APPOINTING - Amazon Web Services



January 2012

GUIDANCE ON APPOINTING

THE CLERK TO A LOCAL COUNCIL

Peter W Lacey

County Secretary

Somerset Association of Local Councils

Victoria House

Victoria Street

TAUNTON

Somerset TA1 3JZ

2012

CONTENTS

|Introduction |Section 1 |

|Checklist of events |Section 2 |

|Timetable |Section 3 |

|Specimen advertisement |Section 4 |

|Person specification |Section 5 |

|Application Form |Section 6 |

|Employed or Self-employed? |Section 7 |

|Short-listing table |Section 8 |

|Interview Table |Section 9 |

|Interview summary of result |Section 10 |

|Contract and Statement of Particulars of Employment |Section 11 |

|Job Description |Section 12 |

|Duties of Responsible Financial Officer |Section 13 |

DISCLAIMER

Whilst every effort has been made to ensure its accuracy, no responsibility for loss occasioned to any person acting, or refraining from action, as a result of any material in this publication can be accepted by the author or publishers. This publication should not be considered a substitute for appropriate professional advice from the County Association in the light and full knowledge of the circumstances arising in the particular employer / employee relationship.

COPYRIGHT

This booklet is produced for the members of the Somerset Association of Local Councils. It is supplementary to the National Association circulars and contract of employment published in association with the Society of Local Council Clerks.

The Contract, Job Descriptions and Forms shown within the booklet may be photocopied, or printed from an electronically supplied version, and used in the process of employing a new Clerk

Otherwise, all rights are reserved and no part of the publication may be copied by any means without the prior permission of the Association.

Page 1.

GUIDANCE ON APPOINTING A LOCAL COUNCIL CLERK

Section 1: Introduction

This Guidance is drawn up for the benefit and guidance of the smaller, probably rural, Parish Council. The principles expounded will apply in the cases of most of the larger Local Councils but the text may need amendment appropriate to the circumstances.

Forming part of this guidance are a checklist of the events in the process of dealing with a change of Clerk, a timetable and specimen advertisement, a sample Application Form, some guidance on the division between “employed” and “self-employed” status, a table which may assist in the short-listing of candidates for interview and for the interview itself. Finally there is a print of the Contract of Employment as agreed between the National Association of Local Councils and the Society of Local Council Clerks, together with a Job Description and the Duties of the Responsible Financial Officer.

Various Acts and Codes of Practice make it unlawful to discriminate directly or indirectly on the grounds of gender, age, marital status, racial origin, disability, sexuality, political or religious belief. Care must be taken with any form of questioning that could be construed as being in these areas.

It is not appropriate to ask questions like:

• How do you control your diabetes?

• How do you think others will react to having a coloured superviser?

• How will you cope with opposition to you as a woman?

• Did your female subordinates mind taking orders from you?

• What does your husband think of you doing this kind of work?

• Are you planning to start a family?

• How will you be coping with childcare during evening meetings?

Under the Asylum and Immigration Act 1996 it is an offence to employ a person who is not entitled to work in the UK. A applicant may be asked for one of the following documents:

• a document from the previous employer containing the persons name and NI number, such as forms P45, P60;

• a passport confirming that a person is a British citizen or a European national entitled to work in the UK;

• a birth certificate confirming birth in the UK or Republic of Ireland; or,

• a letter from the Home Office confirming that the person is allowed to work.

Your registration under the Data Protection legislation requires a statement in the Information Pack informing applicants that “Information may be copied and stored on a database and used during the recruitment process, or used to form part of the personnel file if successful.”

It is now seen as an implied condition of most council insurance policies that a reference is taken up from the previous employer. This reference should be retained by the council, and may be requested by the insurer in the event of a claim in respect of fraud.

Page 2.

Section 2: The checklist of events.

A. The Clerk gives written Notice to the Chairman of the Council (Personnel Committee) of the intention to retire, or leave, on a stated date.

The Chairman, with the Clerk, should:

1. Check the existing Contract for terms of Notice.

2. Check existing Contract for terms on pension or gratuity. Contact the County Association for advice on gratuity in lieu of Pension.

3. Draw up calendar of events required and agree hand-over arrangements (in a perfect world) with the existing Clerk.

4. Communicate with all Councillors.

5. Call Extraordinary Meeting of Council, if necessary, to agree the selection procedure as set out below.

B. If the circumstances are different from A above (such as death or dismissal of the existing Clerk) then the Chairman will have to:

1. Collect all books and records of the Council as soon as practicable and proper.

2. Compare list of items collected with checklist previously drawn up when the Clerk in question took Office.

3. Make temporary arrangements for the carrying out of the duties of the Proper Officer, including e-mails and any website

4. Advise regular correspondents, District and County Councils, County Association, Local Council Review address lists.

5. Call Extraordinary Meeting of Council, if necessary, to ratify actions taken in steps B1 to B4, and to agree selection procedure as set out in C below.

C. Meeting of the Council, open to press and the public, to agree the procedure to be followed for the selection.

1. At the various stages, will the whole Council, or a special (Appointments) Committee do the work?

2. Who are to be the members of the Committee?

3. Who elects the Chairman of the Committee or is it automatically Chairman of Council?

4. Is it remotely possible that any elected member will have any relative or close friend who might be an applicant? If so, what action will be agreed by way of replacement of that elected member?

5. Resolve in Council to authorise the Committee to carry out all necessary procedures, to incur expenditure up to a stated limit (advertising, room hire etc) and to make the appointment, or to make a final recommendation to the whole Council as appropriate.

Page 3.

1 Review the Job Description

1. Is the Model Job Description appropriate without modification?

2. Does the Job Description include appropriate references to the duties of Responsible Financial Officer?

3. Does the Job Description include the necessary references to Burial Ground duties or other specific tasks expected locally?

2 Review the detailed Terms and Conditions of the proposed Contract of Employment, in particular:

1. Salary scale points at start and at finish.

2. Incremental points on achieving qualifications.

3. Holidays (statutory and other).

4. Notice required from Employee.

5. Notice required from Employer.

6. Probationary terms (if any).

7. Is a fixed term contract more appropriate?

8. Will Job-share arrangements be acceptable?

9. Requirements for training and/or achievement of Certificate in Local Council Administration (CiLCA).

3 Draw up specification of the person sought.

What is essential? What is desirable?

1. Which are the key competencies and experience to be sought?

2. How local? Consider mileage limit?

3. Will certain other employment be a reason for rejection, or a special strength? (eg Principal Authority)

4. Any education requirements?

5. Any particular qualification requirements (eg CiLCA) ?

6. Disposition / personality?

7. An administrator or an “animateur“ ?

8. A manager ?

9. Someone to take a special project forward ? (see E7 above)

4 Draw up advertisement.

1. Content of advert.

2. Where to advertise? National, Regional, County, District, Parish?

3. Arrangements for obtaining Information Pack.

4. Closing date for applications. Remember to allow for holiday periods.

5. Who is to receive the Applications and should they be acknowledged?

Page 4.

5 Draw up Information Pack for all applicants.

1. Information Pack contents to be agreed (who to do the work?)

Basic details of parish (to sell the location)

Details of Council, Committees, employee structure, Budget and activities.

Job Description and Contract Terms.

Application Form.

Data Protection statement (see introduction above).

2. Who may be contacted with any queries, and how.

3. Interview arrangements:

Date (s)

Format (number of interview panels etc)

Interviewee’s expenses

4. State the arrangements for taking up References.

I. Draw up Application Form, to include spaces for:

1. Name, address and telephone number(s).

2. Current employment(s). (Job Title, Duties, Salary scale etc)

3. Hobbies and other interests.

4. Previous employment and education (with dates)

5. Qualifications (with dates)

6. “Why are you applying for this job?”

(with plenty of space for the answer)

7. Names and addresses for References (at least one from previous employer)

8. Closing with a declaration and signature

J. Short-listing procedures to be agreed.

1. Who short-lists? Council / Committee / small group ?

2. Will short-listing be checked against the person specification drawn up at F ?

3. When will short-listing be done? (Soonest after closing date)

4. Agree reasons for rejection and note them (see J6 below)

5. Agree the text of the rejection letters, the letters for reserve candidates (if any) and for the Interviewees

6. Who is to sign and send out these letters?

7. Who is to deal with requests for feedback on rejection for candidates?

8. Make arrangements for obtaining previous/current employer’s references prior to interview

Notice of at least one week should be given of the time and place for interview.

Page 5.

K. The Interview stage

The Chairman may need to remind members of the interview panel that the successful candidate must be chosen on merit.

1. Agree who is to be Chairman of the panel(s).

2. Establish the number of rooms required (Reception, Waiting, Interviews)

3. Agree format of the interviews, who asks which question ?

4. Remind all panel to treat all candidates equally.

5. Ensure that no interviewer breaks the law by asking the forbidden questions.

(see section 1 for details of the discrimination legislation and good practice)

6. Chairman to ensure fairness in the process, to keep to time

7. Chairman to give each candidate an opportunity to ask final questions before closing the interview.

8. Closing question from the Chairman to be “If offered the post, will you be accepting?

9. Tell candidates how and when they are likely to be contacted if successful in the interview.

10. Include on summary the reasons for rejection of each candidate, and reasons for successful candidate’s selection.

11. Formal resolution for Appointment to be put to the panel to ensure no misunderstandings.

12. Agree who is to contact successful candidate, to formally offer the job by telephone, to agree intended start date, and to set in hand the formal processes below.

13. Agree who signs and sends letters of rejection, when they are to be sent, and how requests for feedback are to be dealt with.

13. Formal letter of offer to be agreed and sent out.

14. Formal acceptance of offer to be received from successful candidate.

L. Council or duly authorised Committee to meet and formally appoint, or ratify the appointment of the successful candidate as Clerk and Proper Officer of the Council (and Responsible Financial Officer, if relevant)

M. The new Clerk takes up post.

1. Contract or statement of particulars to be signed and copies given as appropriate.

2. Records and papers to be handed over per checklist from previous or temporary Clerk.

3. Advise regular correspondents (District / Borough and County Councils; County Association, Local Council Review, Clerks & Councils Direct, Insurers, Internal and External Auditors etc)

Page 6.

Section 3:

TIMETABLE FOR THE APPOINTMENT OF CLERK

Obtain a copy of this guidance as soon as existing Clerk indicates an intention to resign or retire.

Identify who will do what and when according to the rest of the timetable below.

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|Task |Latest date before day of taking up |

| |post |

|Review Job Description, Terms and Conditions of Employment |14 weeks |

|Place advertisement |11 weeks |

|Closing date for applications | 7 weeks |

|Short-listing of applicants | 6 weeks |

|Interview candidates | 5 weeks |

|Appointment agreed with chosen candidate |4 weeks |

|Arrangements made for handover |1 week |

Delays may arise at the end of this timetable if the successful candidate for a full-time position has to give three months notice in the current employment.

Section 4:

SPECIMEN ADVERTISEMENT

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|CLERK TO PARISH COUNCIL |

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|Wainscot Parish Council seeks a Clerk [and Responsible Financial Officer]. This post is part-time involving 6 hours each week on average. |

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|The successful candidate is not required to have local government experience but will be expected to handle the formal minutes, agendas, and|

|correspondence of the Council. |

|Training will be available. Limited simple book-keeping duties will also arise. |

|The salary will be per the National recommended salary scale starting at £ X YYY per hour rising by 4 annual increments. A review of the |

|scale is due with effect from 1st April 2012. |

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|An information pack and application form can be obtained from: |

|Christine Robinson |

|Rose Cottage |

|Wainscot |

|TAUNTON |

|Somerset TA51 9XX |

|Or by telephone on 01823 XXXXXX Month 2012 |

Page 7.

Section 5:

PERSON SPECIFICATION

Position: Clerk (and Responsible Financial Officer) to the Council

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| |Essential |Desirable |

| |> |>Certificate in Local Council Administration |

|Qualification / training | |> |

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| |> |>Membership of, or Officer to a Parish Council. |

|Experience | |> |

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| |> IT skills especially word processing |>Ability to keep simple accounting records |

|Skills |> | |

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| |> Effective time management as a lone worker |> |

|Personal qualities | | |

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| |>Ability to attend evening meetings in …….. |> |

|General | | |

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Page 8.

Section 6:

APPLICATION FORM

To be returned to:

…………………………………… PARISH / TOWN COUNCIL

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|Post |Salary |

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|CLERK TO THE COUNCIL |……………………….. |

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|CLOSING DATE : |

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|Date for Interviews : |

Information may be copied and stored on a database and used during the recruitment process, or used to form part of the personnel file if successful.

1. PERSONAL DETAILS

|Surname (last name) | |

|Other names | |

|Title |Miss / Mr / Mrs / Ms / Dr / other. |

|Address | |

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|Telephone Home | |

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|Mobile | |

|National Insurance number | |

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|or proof of entitlement to accept employment in UK. | |

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Page i

2. PRESENT EMPLOYER

|Name of current employer | |

|Job Title | |

|Date commenced | |

|If relevant: | |

|Present salary or salary range | |

|To whom do you report? | |

|What period of Notice is required? | |

|Please outline your main tasks, responsibilities and achievements |

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3. OCCUPATIONAL HISTORY (Most recent first)

(continue on a separate sheet if necessary)

|Employer |Dates, (from – to) |Job Title and main tasks |

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Page ii

4. DETAILS OF JOB RELATED TRAINING UNDERTAKEN (most recent first)

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|Course |Run by |Dates |

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5. SECONDARY / FURTHER / HIGHER EDUCATION ATTENDED (in date order)

|Name of establishment |From |To |Qualification(s) awarded (Subject |Date of award |

| | | |and level) | |

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Page iii

6. PROFESSIONAL QUALIFICATIONS and membership of professional bodies.

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|Professional Body / Assessing Body |Qualification |Date awarded |

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7. HOBBIES AND OTHER INTERESTS (include positions of responsibility)

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8. WHY ARE YOU APPLYING FOR THIS POST AND WHAT CAN YOU OFFER IN TERMS OF YOUR PERSONALITY / ABILITIES / SKILLS / APTITUDES / EXPERIENCE/ ACHIEVEMENTS ?

(continue on next sheet if necessary)

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Page iv

8. PERSONALITY / ABILITIES / SKILLS / APTITUDES / EXPERIENCE / ACHIEVEMENTS

Continuation sheet (to be used if necessary)

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Page v

9. REFERENCES

Please give name and address for two referees. One should be a present employer.

IF YOU DO NOT WISH US TO CONTACT EITHER OF THE REFEREES BEFORE FURTHER DISCUSSION WITH YOU, PLEASE INDICATE WITH AN ASTERISK AGAINST THEIR NAME.

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|Telephone: |Telephone: |

|Relationship: |Relationship: |

|This Parish / Town Council intends to ensure that no employee or job applicant should receive less favourable treatment than another on |

|the grounds of gender, age, marital status, racial origin, disability, sexual orientation or political or religious belief. Its |

|recruitment practices will exclude all assumptions, preferences, or judgements that are not job-related. |

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|I CONFIRM THAT THE INFORMATION GIVEN BY ME ON THIS FORM AND ANY ADDITIONAL MATERIAL IS CORRECT |

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|I UNDERSTAND THAT ANY FORM OF CANVASSING WILL LEAD TO DISQUALIFICATION |

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|SIGNATURE OF APPLICANT DATE: |

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Page vi

Section 7:

EMPLOYED OR SELF-EMPLOYED

County Associations get the question regularly as to whether a Clerk can be treated as “self-employed”. The majority of Parish Councils are now registered as PAYE Employers.

The position of Clerk to the Council is an “office” which brings the income from holding that office directly into Schedule E of the Income Tax Acts (ie “Employed”). There are possibilities of separating the duties so that the formal duties of the Proper Officer are segregated from the other duties for which the services of an Agency might be appropriate. To organise the Council’s affairs in such a way is a matter for the Council and great care needs to be taken. If treated by the Inland Revenue as “self-employed”, the individual is solely responsible for their own tax and national insurance.

If the Council has an employee and fails to deduct and pay over any tax and / or national insurance which is due, it will be liable for the whole of the under-payment with any penalties and interest charged.

Extract from HM Revenue & Customs (formerly, Inland Revenue) Business Series Leaflet IR56 April 1999

The law doesn't define "employment" and "self-employment". You or your employer can't simply call your job ""employment" or "self-employment". The questions below should help you to decide your employment status.

Employed

If you can answer "Yes" to the following questions you are probably employed.

• Do you yourself have to do the work rather than hire someone else to do it for you?

• Can someone tell you at any time what to do or when and how to do it?

• Are you paid by the hour, week or month? Can you get overtime pay?

• Do you work set hours, or a given number of hours a week or month?

• Do you work at the premises of the person you work for, or at a place or places s/he decides?

Self-employed

If you can answer "Yes" to the following questions you are probably self-employed.

• Do you have the final say in how the business is run?

• Do you risk your own money in the business?

• Are you responsible for meeting the losses as well as taking the profits?

• Do you provide the main items of equipment you need to do your job, not just the small tools many employees provide for themselves?

• Are you free to hire other people on your own terms to do the work you have taken on? Do you pay them out of your own pocket?

• Do you have to correct unsatisfactory work in you own time and at your own expense?

The same considerations to determine employment status will apply even if you work part-time or for a short period. Unless you can answer "Yes" to the self-employed questions you will normally be an employee.

Page 15.

Section 8:

SHORT-LISTING TABLE

Mark with a tick ( / ) or a numerical score

| |Essential points |Desirable points | | |

| | | |Total |Comments |

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|Knowledge and qualification | |

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|Summary | |

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|BONUS | |

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|TOTAL | |

Conclusion:

Panel Member:

Date:

Page 17.

Section 10:

INTERVIEW SUMMARY OF RESULT

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|Successful Candidate | |

|Unsuccessful candidates |Reasons (see below) |

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Reasons for non-selection of candidates:

1. Did not meet the required level of skills / experience / knowledge.

2. Did not demonstrate the required personal characteristics or motivation

3. Met the person specification, but a better candidate was selected (specify the ways in

which the selected candidate was superior)

4. Withdrawn application

5. Unsatisfactory references

6. Inappropriate expectation of applicant (mis-match)

7. Other reasons to be specified.

Page 18.

Section 11.

CONTRACT OF EMPLOYMENT

MODEL SUPPLIED BY NALC & SLCC

This contract of employment (“the contract”) contains the main terms and conditions of your employment with [ ] Council (“the Council”). It includes all the written particulars required by the Employment Rights Act 1996.

|THE EMPLOYER:: | |

|THE EMPLOYEE: | |

|DATE OF ISSUE: |[ ] 2012 |

Page 19.

1. COMMENCEMENT DATE

1. Your employment with [ ] Council began on.................. (“the commencement date”).

2. CONTINUOUS SERVICE

1. Subject to 2.2 below, no period of employment before the commencement date counts as part of your period of continuous service.

2.2 For the purposes of entitlements to annual leave, sick pay arrangements, and maternity arrangements, continuous service includes continuous previous service with any public authority to which the Redundancy Payments (Continuity of Employment in Local Government etc.) (Modification) Order 1999 applies.

3. CONDITIONS OF SERVICE

1. 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.

4. PROBATION

4.1 Your appointment is subject to satisfactory completion of a probationary period of not less than 13 weeks.

5. JOB TITLE

1. You are employed as [ ].

6. JOB DUTIES

1. You are expected to perform all duties which may be required of you as set out in the attached job description.

2. The Council may from time to time wish to amend your job description. You may be required to undertake other duties to meet the requirements of the job.

7. DECLARATION OF OTHER EMPLOYMENT

1. You shall not undertake other employment without the Council’s written consent. Such consent shall not be unreasonably withheld.

8. PLACE OF WORK

Working from the Council’s premises

8.1 Your usual places of work are:

The Council’s office address

Address of the venue for the Council’s meetings

Address of the venue for meeting the public.

OR

Page 20.

Working from home

8.1 Your usual places of work are:

Home address

Address of the venue for the Council’s meetings

Address of the venue for meeting the public.

9. SALARY

1. Your salary is £[ ] per annum being the current salary point [ ] within the [ ] range in scale [ ] as set out in the 2004 National Agreement on Salaries and Conditions of Service of Local Council Clerks in England and Wales.

THEN EITHER

2. You have been appointed to a single salary point and the Council will review your salary annually on the anniversary of your appointment.

OR

9.2 Subject to satisfactory performance, you will progress automatically through the range [ ] in salary scale [ ] by annual increments until you reach the maximum salary in the range. Your first increment will be payable on 1st April [ ] (year) and thereafter on the 1st April each year until you reach the maximum of the scale. The Council may withhold an increment if it is considered that performance fell below the level expected, following an annual appraisal, or award an additional increment for exemplary performance if it chooses to do so.

3. One salary point will be added to your salary, up to a maximum of four points, for success in obtaining or already holding any of the following relevant qualifications:

▪ The Certificate in Local Council Administration

▪ Certificate of Higher Education in Community Engagement and Governance - Level 1 or equivalent qualification previously awarded by the University of Gloucestershire

▪ the Certificate of Higher Education in Community Engagement and Governance or equivalent qualification previously awarded by the University of Gloucestershire

▪ the Diploma in Higher Education in Community Engagement and Governance or equivalent qualification previously awarded by the University of Gloucestershire

▪ BA (Hons) Degree in Community Engagement and Governance or equivalent qualification previously awarded by the University of Gloucestershire.

4. Your salary will be paid to you by cheque or bank transfer to your bank or Building Society on [ ] of each month.

Page 21.

10. EXPENSES

1. The Council shall reimburse you at [NJC] [local] rates in force at the time for mileage incurred in the performance of Council business (“mileage expenses”) provided that mileage expenses have been approved by the Council.

2. The Council shall reimburse you for other expenses which may include overnight accommodation, meals and fares incurred in the performance of Council business (“other expenses”) provided that the other expenses have been receipted and approved by the Council.

3. You will be provided with a copy of the Council’s expenses policy.

For employees working at home

4. Expenses may include any of the following:

1. Purchase or use of office equipment

2. Purchase of office consumables

3. Connection, rental or use of telephone line and Internet/broad band

4. A sum to take into account the use of space, lighting, heating and electricity due to working from your home.

11. WORKING AT HOME – INSURANCE

11.1 You shall notify your insurers that your home is your main place of work and that in the course of your employment members of the public may attend at your home.

11.2. You shall provide the Council with evidence that you have the correct insurance cover for the circumstances set out in clause 11.1.

The Council shall pay for any additional insurance premiums arising from the arrangements for working at home set out in clause 11.2.

12. APPRAISAL

1. You will receive an annual appraisal.

13. HOURS OF WORK

13.1 You are required to work [ ] hours per week from [ ] to[ ].

14. ADDITIONAL HOURS

For employees who are paid at or below salary point 28

14.1 If you work more than your normal working hours, then subject to the Council’s approval, you will be reimbursed at the appropriate NJC rate for these hours or you may take time off in lieu at a time to be agreed between you and the Council.

OR

For other employees

1. If you work more than your normal working hours, then subject to the Council’s approval, you may take time off in lieu at a time to be agreed between you and the Council.

Page 22.

15. ANNUAL LEAVE

15.1 Subject to clause 2.2 of the contract, the calculation of your annual leave commences from the first day of your employment. You are entitled, in addition to the normal bank and public holidays, to 21 working days’ leave in each leave year (pro rata for part time employees).

15.2 In addition to normal bank and public holidays, you will be entitled to two extra statutory days.

15.3 Your leave entitlement will increase to 25 working days per year (pro rata for part time employees) when you have five years’ continuous service immediately prior to the commencement of the leave year.

15.4 If your employment commenced or terminates part way through the leave year, your leave entitlement will be calculated on a pro rata basis. Deductions from your final salary payment will be made for any leave taken in excess of your entitlement.

5. Annual leave must be taken at times agreed with the Council. You may carry forward up to 5 days’ leave into the following leave year, subject to the approval of the Council.

16. SICKNESS ABSENCE

16.1 If you are absent from work on account of sickness or injury, it is your responsibility to inform the Council of the reason for your absence as soon as possible, but no later than the end of the working day on which the absence first occurs.

16.2 You will be provided with a copy of the Council’s sickness absence policy.

16.3 The Council shall have the right at any time to require you to submit to examination by an independent medical practitioner selected by the Council, to obtain a confidential report on your condition from such practitioner and to discuss with such practitioner the findings of his/her examination and his/her prognosis of your likely recovery and or fitness to resume work and any recommended treatment.

17. SICK PAY

17.1 Provided that you comply with the Council’s sickness absence policy, you will receive sick pay when you are absent from work because of sickness, as follows:

|during 1st year of service |one month’s full pay and (after completing 4 months’ |

| |service) 2 months’ half pay |

|during 2nd year of service |2 months’ full pay and 2 months’ half pay |

|during 3rd year of service |4 months’ full pay and 4 months’ half pay |

|during 4th & 5th - year of service |5 months’ full pay and 5 months’ half pay |

|after 5 years’ service |6 months’ full pay and 6 months’ half pay |

18. MATERNITY /PATERNITY /ADOPTION LEAVE

1. Your entitlement to maternity/paternity/adoption leave is as set out in the relevant legislation.

19. INJURY OR ASSAULT

19.1 In the event of death or permanent disablement arising from a violent or criminal assault suffered in the course of employment then all insurance payments will be made in accordance with paragraph 7 of Part 3 of the Green Book.

20. PENSIONS

20.1 The Council is a member of the Local Government Pension Scheme, which operates a contributory pension scheme which you are entitled to join. You have been provided with details in the booklet provided. There is in force a contracting out certificate for the purposes of the Pensions Scheme Act 1993 stating that the employment is contracted-out employment.

21. NOTICE OF TERMINATION OF EMPLOYMENT

During probationary period

21.1 Either party may terminate the contract by giving one week’s notice in writing.

After completion of probationary period

21.2 The length of notice which you are obliged to give to the Council to terminate your employment is one month in writing.

21.3 The length of notice which you are entitled to receive from the Council to terminate your employment is four weeks in writing 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.

21.4 Within one week of the termination of your employment you are required to surrender to the Council all Council property including computers and other electronic devices and any documents and other materials, including copies that you have been holding on behalf of the Council. You shall irretrievably delete from all your personal electronic devices all property of the Council and shall produce evidence of such as the Council may require.

22. DISPUTE RESOLUTION

22.1 You have been provided with a copy of the Council’s grievance and disciplinary procedures.

Page 24.

22.2 If you have a grievance arising from your employment, you should raise it with [the Chairman of the Council/Chairman of the Staffing Committee] . If you are dissatisfied with any disciplinary decision made against you, you should raise it with [the Chairman of the Council/ Chairman of the Staffing Committee].

23. HEALTH AND SAFETY

23.1 You have a duty to ensure the health and safety of yourself and others. You must also co-operate with the Council so that it can comply with its health and safety obligations.

2. You will be given a copy of the Council's Health and Safety Policy.

24. EQUAL OPPORTUNITY POLICIES

24.1 You must comply with the Council’s Equal Opportunity Policies. You will be given a copy of these Policies.

25. TRAINING AND DEVELOPMENT

25.1 The Council shall be responsible for the costs associated with any training and development that it considers necessary. This may include the cost of training and development courses or examinations, and payment of mileage expenses and other expenses in accordance with the Council’s expenses policy. Where the Council considers it necessary, it shall give you reasonable paid time off for study.

26. INDEMNITY

26.1 The Council undertakes to indemnify you against any actions of commission or omission that are authorised by the Council.

|Signed: | |Dated: | |

|Name: | | | |

Signed for and on behalf of [ ] Council

|Signed: | |Dated: | |

|Name: | | | |

Page 25.

SPECIMEN JOB DESCRIPTION –

CLERK TO THE COUNCIL

Overall Responsibilities

The Clerk to the Council/Town Clerk will be 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 or issue 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 expected to advise the Council on, and assist in the formation of, overall policies to be followed in respect of the Authority's activities and in particular to produce all the information required for making effective decisions and to implement constructively all decisions. The person appointed will be accountable to the Council for the effective management of all its resources and will report to them as and when required. *The Clerk will be the Responsible Financial Officer and responsible for all financial records of the Council and the careful administration of its finances.

Specific Responsibilities

1. To ensure that statutory and other provisions governing or affecting the running of the Council are observed.

2. To monitor and balance the Council's accounts and prepare records for audit purposes and VAT. * Or to monitor the work of a designated other officer designated the Responsible Financial Officer.

3. To ensure that the Council's obligations for Risk Assessment are properly met.

4. To prepare, in consultation with appropriate members, agendas for meetings of the Council and Committees. To attend such meetings and prepare minutes for approval. *Other than where such duties have been delegated to another Officer.

5. *To attend all meetings of the Council and all meetings of its committees and sub-committees. *Other than where such duties have been delegated to another Officer.

6. *To receive correspondence and documents on behalf of the Council and to deal with the correspondence or documents or bring such items to the attention of the Council. To issue correspondence as a result of instructions of, or the known policy of the Council.

7. To receive and report on invoices for goods and services to be paid for by the Council and to ensure such accounts are met. To issue invoices on behalf of the Council for goods and services and to ensure payment is received.

8. *To study reports and other data on activities of the Council and on matters bearing on those activities. Where appropriate, to discuss such matters with administrators and specialists in particular fields and to produce reports for circulation and discussion by the Council.

9. To draw up both on his/her own initiative and as a result of suggestions by Councillors proposals for consideration by the Council and to advise on practicability and likely effects of specific courses of action.

10. To supervise any other members of staff as their line manager in keeping with the policies of the Council and to undertake all necessary activities in connection with the management of salaries, conditions of employment and work of other staff.

Page 26.

11. To monitor the implemented policies of the Council to ensure they are achieving the desired result and where appropriate suggest modifications.

12. To act as the representative of the Council as required.

13. To issue notices and prepare agendas and minutes for the Parish Meeting: to attend the assemblies of the Parish Meeting and to implement the decisions made at the assemblies that are agreed by the Council.

14. To prepare, in consultation with the Chairman, press releases about the activities of, or decisions of, the Council.

15. To attend training courses or seminars on the work and role of the Clerk as required by the Council.

16. To work towards the achievement of the status of Qualified Clerk as a minimum requirement for effectiveness in the position of Clerk to the Council.

17. To continue to acquire the necessary professional knowledge required for the efficient management of the affairs of the Council: Suggested is membership of your professional body The Society of Local Council Clerks.

18. To attend the Conference of the National Association of Local Councils, Society of Local Council Clerks, and other relevant bodies, as a representative of the Council as required.

Page 27.

Section 13:

RESPONSIBLE FINANCE OFFICER

A responsible finance officer (RFO) must be appointed by each local council in accordance with Local Government Act 1972 section 151. The following is a comprehensive list of suggested duties which local councils may wish to consider adopting as part of a Job Description.

1. To prepare financial reports of the Council covering budget monitoring, fund balances, receipts and payments to date, payroll summary, payment of accounts and other relevant current matters.

2. To prepare draft estimates which, when approved, will form the annual budget for the year, and to report thereon as necessary.

3. To submit the Precept to the District Council / Unitary Authority at the correct date and to provide any figures required for inclusion in the Council Tax Bill information as required by statute.

4. To bank regularly (daily if necessary) all money received by the Council.

5. To ensure that all money due to the Council is billed and collected promptly.

6. To identify the duties of all officers dealing with financial matters and to ensure, wherever possible, the segregation of duties of officers, thus facilitating as much internal control as possible. If officers are not appropriate for such internal controls then to involve members in the internal control systems wherever possible.

7. To manage the cash flow and to control investments and bank transfers.

8. To control payments made by cheque.

9. To take overall responsibility for the management of the payroll, ensuring prompt and proper payment of any deductions for Income Tax, National Insurance and pension fund or superannuation fund contributions.

10. To take overall responsibility for the prompt submission of VAT Return Forms or repayment claims.

11. To verify, analyse for accounts purposes, and to authorise suppliers’ invoices for recommendation for payment.

12. To prepare Financial Statements for each financial year for Councillors and the public.

13. To prepare the Accounts and the Annual Return for the Council each year and to submit them to Council for approval and to the external Auditor when required.

\continues

14. To arrange for appropriate Internal Audit in accordance with proper practices and the Council’s Financial Regulations.

Page 28.

15. To monitor compliance with the Council’s Financial Regulations.

16. To manage the Risks faced by the Council and to recommend such insurance as is required (in particular, Fidelity Guarantee), or is mandatory (Employer’s Liability).

17. To maintain the Council’s asset register.

The standard "Duties of the Responsible Financial Officer" shown in section 13 are supplementary to the Job Description in Section 12 and add to or modify that standard Job Description. When employing a new Clerk it is advisable to consider the job description and the circumstances in the employing Council on an individual basis.

Page 29.

Guidance on appointing the Clerk to a Local Council

January 2012

Prepared for the use of Local Councils in Somerset by

Somerset Association of Local Councils

Victoria House

Victoria Street

TAUNTON

Somerset TA1 3JZ

‘phone 01823 252515

e-mail: peter.lacey@.uk

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