Cambridgeshire & Peterborough Association of Local Councils
April 2014 Bulletin
Cambridgeshire & Peterborough Association of Local Councils
WELCOME to the CAPALC April 2014 Bulletin
CLERKS please circulate this bulletin to chairmen, councillors and members of staff in printed form or in electronic form or email the web link at .uk
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RECURRING THEMES
We keep a record of queries, questions and help requests that come into the CAPALC office and we do notice some recurring issues for clerks or councils
• CLERKS WORKING HOURS
We are often asked by councils - How many hours per month do we need to employ a Clerk?
This has now been clarified thanks to a recent report issues by the Society of Local Clerks (SLCC).
This report recommends the minimum number of working hours per month that councils should consider allocating in their budgets when employing part time Clerks.
The hours allocated to the role of Clerk does depend on how active the council is and the range of services it expects the Clerk to deliver.
The table below may be used by councils as guidance on resolving this question.
|Profile of Council | |Minimum Hours per |
| | |MONTH |
|One meeting every two months |Minimal services |17.5 |
|One meeting a month |Minimal services |26 |
|One meeting a month |Limited services |30.5 |
| |(such as allotments, village green) | |
| |No employees | |
|Two or more meetings a month (council and |Limited services |33 |
|committees) | | |
|Two or more meetings a month (council and |Several services |35 |
|committees) |(such as village hall, recreation ground) | |
The report also concludes that
• the provision of an annual Appraisal and the treatment of additional hours, be included as a matter of urgency in the next review of the NALC/SLCC National Terms and Conditions Agreement
• the sector bodies undertake urgent research into all forms of efficiency measures, both large and small, which have been introduced by member councils in recent years with a view to disseminating best practise throughout the sector
Source: SLCC
• Filling a Casual Vacancy by Co-option
When a councillor leaves or resigns from the council there is an immediate vacancy and a notice of the vacancy has to be prepared by the Clerk and posted on the parish notice board or prominent place.
If 10 electors respond to the notice within 2 weeks by writing to the parish Clerk calling for an election then an election is called by the principal authority within 60 days.
However if none or less than 10 electors respond then an election is not called and the parish council then has the right to fill the casual vacancy by a process of co-option as soon as practical.
A notice of co-option should be prepared by the Clerk and posted on the notice board or prominent place, again for a minimum of 2 weeks and interested parties are asked in the notice to advise the Clerk in writing of their interest.
The Clerk collates the responses from interested parties and puts an item on an agenda and the candidates are invited to attend the meeting where the co-option will take place.
It is not mandatory that the candidates attend the meeting and the council may to help better gain an insight to the applicants ask them to prepare and read out or send in a short statement (1 page of A4 maximum) on why they want be councillors and what they can bring to benefit their community.
Each vacant seat on the council is contested separately and the candidate that wins the seat must do so by an absolute majority of the votes cast. The council vote either by show of hands or paper ballot on electing a candidate to the 1st vacant seat on the council.
Where there are 3 or more candidates for a seat the majority must be absolute and if needs be the candidate with the lowest votes must drop out and a re-vote taken to establish a clear winner by a majority of the votes cast.
This does not eliminate this or any other candidate from being considered for the second or subsequent seats where there are a number of seats to be filled.
If the number of vacancies exceeds the number of candidates, all the vacancies may be dealt with by a single resolution.
POSSIBLE Rule changes on sending agendas electronically
The Government has written to NALC confirming their intention to clarify rules on sending agendas electronically to councillors.
NALC has long pressed for this change – which is included in NALC’s manifesto – to help parish and town councils modernise how they operate.
The letter from the Department for Communities and Local Government to NALC’s chief executive takes forward an ongoing commitment from the local government minister Brandon Lewis MP on this issue, reiterated last week in response to a written parliamentary question from shadow minister Andy Sawford MP.
In his response Brandon Lewis MP said: “Schedule 12 of the Local Government Act 1972 requires local authorities (both principal and parish councils) to send summonses to attend meetings by post. Reflecting the take-up of digital communications, Ministers are minded to issue an Order under Section 8 of the Electronic Communications Act 2000 to facilitate this being done electronically; although we do believe that councillors should continue to have a right to receive communications in hard copy by post should they wish, and that this should be reflected in any legislative change. We will be undertaking an informal sounding shortly on the wording of any draft Order with key partners, including the Local Government Association and the National Association of Local Councils.”
Councillor Ken Browse, Chairman of NALC said: “This reform to rules over forty years old is long overdue but very welcome and will help parish and town councils operate more efficiently and effectively. I am grateful for the cross-party support on this issue and shows the voice of our important tier of local government is being heard and acted upon”.
The Government intend to make an Order later this month.
Source: National Association of Local Councils
BEWARE OF SCAMS
There are always scams around and it is difficult to keep on top of what is real and what isn’t. It has come to our attention over the last year that many people are being phoned by people who claim to be from Microsoft. They tell you they have noticed that your computer is running slow but they can fix it. They quote an amount that is often as much as £150, and if you then say you can’t afford it they reduce the amount. Sometimes they reduce it several times until you agree.
Once they have taken the bank details and taken the monies they ask you to do a couple of activities on your computer to allow them to have control. For some people this has led to no end of problems with their computer.
Know the signs of a scam victim and report any concerns
Every year postal and telephone scams cause misery to elderly and vulnerable residents. In many cases they lose their life savings and therefore long term financial security to such fraud. They push away friends and family that try to dissuade them from responding, and in some cases scam victims have even resorted to suicide, having lost everything.
Cambridgeshire County Council’s Trading Standards are appealing to carers, professionals and anyone else who cares for older or vulnerable friends or relatives to look out for the tell tale signs of scams and take action.
Tell tale signs
Those who respond to scam mailings will receive numerous letters each day. These will often appear official and offer anything from large sums of cash to magical cures in exchange for a relatively small fee of between £20 and £50. Over time these fees increase, with the promise that the prize will finally be forthcoming after one last payment. Needless to say prizes never materialise. The letters may not be visible when you visit their home as they can be quite secretive about such letters, particularly if they think visitors will disapprove.
• You might notice large volumes of health products, vitamin pills or unusual continental foodstuffs in kitchen cupboards, with more delivered regularly.
• You might also notice an accumulation of worthless trinkets with more being delivered frequently.
• Fraudsters also target people by telephone. Frequent calls during the day and high telephone bills due to ringing 090 premium rate numbers are classic tell tale signs.
• Most people who are responding to scam mail or calls will be defensive if you ask them about the letters. Denial that they are trapped in a cycle of scams is very common.
• In many cases, they have become estranged from family members who have tried to convince them that these are scams.
• Many people that we come across who have lost a great deal of money to scams are elderly and suffer from loneliness or are struggling financially.
• Victims of one type of scam are prime target for other fraudsters such as rogue traders who knock at the door and offer to do home improvement work e.g. fixing a loose roof tile, cleaning the roof or re-coating the driveways. Quotes will start low but once the work has been completed the price will have spiralled to thousands of pounds, with victims being driven to the bank to withdraw the cash if they do not have enough in the house.
What you can do to protect against scams
If you have concerns that someone is sending money to scammers or is being targeted by rogue traders, talk to them about it. To help break the scam cycle simply contact Citizens Advice Consumer Helpline, on 08454 040506.
Source: Cambridgeshire County Council
managing Council infrastructure projects
Councils as part of their normal duties are frequently in the position of initiating or sponsoring and subsequently facilitating the construction of new buildings, refurbishing and maintaining exiting facilities, building car parks and the like, in support and on behalf of the communities they serve.
The wider community recognises that Councils consist of members who take their civic duties seriously, have enthusiasm and desire to serve them, and may come from wide ranging backgrounds with a myriad of skills and experience.
It is however a great burden for councillors to take on even the smallest of projects and be confident to have provided buildings and facilities that are designed fit for purpose, have appropriate consideration given to ongoing maintenance and running costs, and at the same time ensure that the Council and its residents get real value for money.
All this as well as the responsibility for containing cost working within restricted budgets, and limiting liability in all its forms not least for councillors themselves.
The elements of a project are extensive and need to be considered but kept simple and controllable. The best completed and successful projects are those where appropriate consideration has been given to all aspects of it from its conception as an idea or requirement, through design, to construction and occupation and subsequent maintenance.
Whether it’s the due diligence on land ownership, planning permission, building regulation control, architect and contractor selection and management, costing and financial control, site management, health and safety and compliance issues, or liaison with all stakeholders, councils are advised to mitigate their risk in such projects by engaging a competent professional to manage their project.
What may at first seem like an additional expense in the project will in most cases be compensated by a project that is delivered on time, within budget and with minimal stress to the council and Clerk.
Source: Andrew Speed, Fernlea Business Support Limited
Local councils EXPLAINED
Local councils EXPLAINED is NALC’s new book about local councils. The book, with over 200 pages, provides easy to read narrative about the role of local (parish and town) councils, their councillors and officers and how they work. There is comprehensive and practical guidance about the legal issues that local councils are exposed to.
To order your copy now, view sample pages, reviews and for more information please contact Tina on 01480 375629 or email accounts@.uk
Local Councils Insurance
NALC has lobbied AON UK Ltd and this has resulted in 30% off its standard local councils insurance premium until 31 March 2014† plus an additional 5% if you are a Quality Council and 5% if you sign a three-year Long Term Agreement.
Find out more about local councils insurance and fill in an online application. † 30% discount does not apply to the Legal Expenses part of this cover.
FEEDBACK
If you would like to contribute articles or have any positive critical comments please let us know by clicking on accounts@.uk and emailing us.
CAPALC Unit 7, The Meadows, Meadow Lane, St Ives PE27 4LG.
Website .uk Email accounts@.uk Telephone 01480 375629
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