- Town and parish councils are employers and whilst the role of the clerk as the the proper officer is a statutory role (it is defined in law) they are an employee of the council
- Their role is to provide legal advice and implement the decisions of the elected councillors who comprise the council
- The clerk is not a member of the council and is answerable as is any employee to their employer
- All officers and staff, including the clerk are employees of the council and are answerable to their employer, the council
- The council should have publicly available complaints procedures on their website to deal with residents complaints
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- As a statutory office holder the clerk is not covered by any code of conduct.
- There is no need for this as all officers and employees are covered by the anti-corruption sections of the Local Government Act(s).
- The current and previous codes of conduct only cover elected members of town and parish councils.
- Elected members are councillors who have been elected or co-opted as members of the council.
- The parish clerk is not an elected member of the council they are the statutory proper officer and employee of the council.
- As such there is no need for them to be covered by the code of conduct.
- As with all council employees their contract of employment should contain references to their behaviour, role and responsibility.
- All councils as employers are covered by employment legislation.
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