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The long running saga over the position of clerk/legal officer to Manorbier Community Council (MCC) continues with a staffing committee meeting on Wednesday 29th November in Manorbier, to interview prospective candidates. The council has been without an independent and competent person for over two and a half years. There has been much debate over whether the position should be filled at this stage considering that the employment tribunal hearing over the case for unfair dismissal by the previous clerk must now be imminent. Cllr Calver had inaccuracies corrected in the minutes of the meeting held in September which had failed to record his position, which was that the position should be only advertised as a temporary position to be fair to any applicant and to the former clerk who may be seeking reinstatement. With regard to this the chairman Cllr Hughes had advised the council at a previous meeting that he had contacted the solicitors Lowless and Lowless who had advised him the correct procedure was for the council to advertise the position as being permanent. Cllr Morgan expressed his concern that he had not seen the advice and therefore could only rely on the word of the chairman but would be looking for confirmation of the advise given. He reiterated his objection to both the employment of a temporary or permanent clerk at this stage because of the failure of the chairman to produce evidence of the advice. Ex Cllr Wales in his position as the chairman had advised the council in the past based on advice allegedly sought and provided on a verbal basis which was never supported in written form although he had clearly stated that it would be? Concerns regarding advice provided verbally and never provided in writing might have repercussions for the council at the employment tribunal hearing. During discussions in council meetings regarding the interview procedure it was intimated that having waited so long to take the courageous decision to try and employ a clerk they would not wish those applying to be intimidated by being interviewed by the full council of twelve persons. Cllr Jones felt that if they wished to be employed by the council they would have to face all councillors at some stage. The position of clerk includes the duty of providing legal advice to the council, which during the past two and half years in the absence of a competent clerk has proved very costly to the ratepayers of Manorbier! All potential applicants should be aware that they have to disclose their financial position to the council for PAYE and Income Tax purposes as it would relate to contributions by MCC even if they were self employed. Any potential applicants with no recent experience as a council clerk should be aware that detailed and comprehensive training would be required in order to carry out the essential duties of the clerk. Website Comments Concerns have been raised regarding firstly the position being advertised as permanent and with no reports to the council by the chairman over any discussions he has had with Lowless and Lowless regarding the employment tribunal case. Secondly is Cllr Hughes leaving himself and the council vulnerable by pushing for the employment of a new permanent clerk without keeping the wider council fully informed of the facts and of any decisions taken by the solicitors which have not been debated and agreed by the full council? Such unilateral actions could lead to sanctions being imposed. Potential applicants should be requesting a detailed job description clearly outlining their role and responsibility to the council if they have not been issued with one. |