UNDER PERFORMANCE IN RETURN FOR OVERPAYMENT.

PRESTON PARISH COUNCIL

I’ve just checked the Parish Council Website to see who our new councillors are, I should have known better!  This I think is pretty disgusting, we pay a clerk about 50% of the council’s entire income [Precept] for 12 hours work per week and part of the job is to update the Council Website as a source of information for residents. Seven councillors were elected in April [Unopposed] and I understand some have been co-opted since but they are not listed on the council Website.  So why am I and others who are no longer councillors still listed as councillors almost 2 months after we stood down?  I would like my name removing from that site! The Website is at the very least 6 months out of date and much of the information necessary to residents is simply not available.

We have Burstwick  Council seeking a new clerk on a NJC Spinal Count of 15 to 19 points [pay scale] subject to having or working to obtain the CiLCA Clerk qualification. This I understand is a very similar council profile to Preston in terms of Population and income according to the scales complied by NALC and SLCC in conjunction with NJC.

We then have Hedon seeking a new clerk on an NJC Spinal Count of 33 to 35 points, dependent on experience and qualifications, CiLCA qualification I believe is required. Hedon is probably 10 times the size of Preston in terms of income and expenditure [the last time I checked and if I remember correctly, I believe Hedon had a precept income of something like £165,000], probably has more than twice the population and I believe has one less councillor than Preston [from memory].

We then have Preston with a population of about 3,300 and an annual income of £20,000 [precept], about £2,000 of ancillary income and a rapidly dwindling reserve. This is were it goes horribly wrong because we have a clerk on a NJC Spinal Count of 26 points. The pay for our Parish Clerk is a long, long way ahead of Burstwick’s, 11 spinal points ahead and snapping at the heels of Hedon clerks pay scale. The Preston clerk’s pay puts him into the LC2 range [Hedon Clerks pay group] and there is absolutely nothing in the Preston Council profile that remotely warrants that level of pay.  

Everything I have received from Preston Council Office while a member of the council from work schedules to budget forecasts have been amateurish in the extreme and produced almost on the back of a fag packet and without any thought or consideration. When I questioned inconsistencies in a working schedule produced by the council office neither the Chairman or clerk had any idea of what I was talking about, even though I was actually quoting the schedule they had issued just days before, needless to say they refused to discuss it during later meetings!

Despite asking more than once I have never been informed of the relevant qualifications the clerk holds. I can only conclude the clerk for Preston is not qualified to do the job, so why do we pay such a princely wage? Especially when the clerk had no idea of what the quorum is for the council he works for?

While on the council I questioned the issue of the clerk’s salary scale and qualifications on a number of occasions but never got any answers. The issue was never put before the council to decide, it was always decided by someone else, I don’t know who, but the issue does need to be discussed openly and residents need to be closely involved in the discussion, after all this is public money that is being wasted sorry, spent.

As far as I was able to ascertain and confirmed by the Chairman, there are no records of the clerk ever being assessed for the position he now holds, no records exist of the process used to evaluate the level of pay inline with any official guide lines [NALC, SLCC or NJC] and no records exist that would indicate the clerks qualification to hold the post. There are no records that indicate the clerk has undergone any kind of performance review or appraisal during his 15 years in post.    

So I can only draw my own conclusion, it’s a remnant of the cosy rouges club that constituted the Parish Council prior to 2011.

Ken Lyons

RESPONSE TO KEITH G, HULL.

We would just like to remind readers, this blog is not run by any one person, it has a number of residents as members and we work as a team, no single member has full control on what appears. If you wish to comment on anything on this blog you should either comment through the normal channel or email us direct, If you would like to join our group please email us, thank you.

RESPONSE TO KEITH G, HULL.

Thank you for your comment Keith and thank you for reading.

We believe Keith’s comment is related to Mr. Lyons recent posts and we have therefore ask Mr. Lyons to respond as he is familiar with the actual events of the meeting in question.

Mr. Lyons writes,

Councillor Clappison was present and Chairing the meeting at the time of the incident in question. Although I can tell you the events that led up to Councillor Bell’s outburst, I am unfortunately unable to explain the reason for his outburst.

 If you would care to look on Preston Parish Council’s Website you will see that the first item of business was ‘Public Participation’.

Councillor Mendham (who was still a member of the public at that point) asked a question of the Chair with regard to the cost of the recent investigation carried out by the Audit Commission following a complaint by a member of the public.

The Chairman quite rightly answered her query and informed the Council and public gallery the Audit had cost the Parish purse approximately £8,750. The Chairman then went on to explain that the Audit Commission had given the Parish Council a clean bill of health in respect of the supply of information to members of the public under the provisions of the FoIA.

It was at this point that I felt compelled to respond because the latter part of the Chairman’s answer was, in my opinion, at best misleading. I was pointing out that the Financial Regulations are quite separate from the Information Regulations and it would not have been appropriate for the Auditor to comment on the Councils performance with regard to the provision of information under FoIA, any more than it would be appropriate for the Information Commissioners Office to comment on the Council’s performance in relation to Financial matters. Therefore in my view no such conversation took place, on later reading the Auditors report it made no such references and therefore my view prevailed.

This is the point when Councillor Bell intervened.

The Chairman’s role during council meetings is to ensure that the proceedings run smoothly, all business wherever possible is concluded and the legal provisions are observed, along with the Code of Conduct relating to the behaviour of Council members.

So we have Cllr. Mendham kicking off the proceedings, Cllr. Bell intervening very aggressively, Cllr. Clappison failing to bring the meeting to order and allowing the incident to run it’s course while Cllr. Fortnum eventually had to take control of Cllr. Bell in order to calm him down. Those 4 names should be sounding familiar by now.

It is my personal and honest opinion the incident was engineered and the aggression was to be directed at the person who requested the costly audit to be carried out. That person was not present at the meeting but the plan, I believe, was in motion by then and had to run its course. When I criticised the comments of the Chairman I became the primary target.

It seems a little strange that the same names are unable to remember any of the events in which they played such a crucial and critical role. It’s the same people whose accounts are at odds with everyone else’s, in my opinion that appears to be more than a little coincidental.

In my opinion from the evidence that I have seen in the form of witness statements supplied to me by the Investigating Officer for the Standards Committee, Councillor Bell put forward 2 defences,

1.    His primary defence and the one covered in previous posts was that he played no such role as that indicated by the complainant and was passive throughout and therefore he had done nothing that needed defending.

2.    But just in case and as a back up to his first defence he listed a defence of putting his behaviour down to a reaction to a letter I had written to the Council in January 2011 in which I suggested the Council had lied.

In my honest opinion there is absolutely no necessity for a second fail safe defence if the first defence is accurate and truthful because there would not have been any adverse behaviour to defend!

To save any comment asking why I had suggested the Council had lied and was I right to do so, here are my reasons,

As members of the public and during 2010 a number of residents including myself had asked if the Council Meetings could be held at the Community Hall on Main Street, Preston for a variety of reasons not least of all to enable more elderly residents being in a position to attend should they wish to. We were emphatically told during a number of Council Meetings that it was not possible because there were regulations in place that prohibited such meetings in the Community Hall, especially Charity Regulations. Despite repeatedly requesting the Parish Council to identify the legislation they were referring to, they refused. As residents we could not locate any legislation that supported the Parish Councils opinion.

I am and was at the time in possession of a letter from the Charities Commission to Preston Parish Council dated 2007 that, clearly states that the Charities Commission has no objection to the Parish Council holding meetings in the Community Hall and having a Council Office at the Community Hall providing, the Community Hall Charity was in receipt of payment in cash or kind.

That letter made it very clear to me that the Council statements on the matter were misleading and untruthful, where do the Council hold their meetings today, the Community Hall, where is the Parish Council Office, behind the Community Hall. As appears to be normal, the Parish Council’s view has not been supported and we as residents were correct in our view once again.

If Cllr. Bell had actually reacted to my letter why did he conjure it up for this particular meeting when he had every opportunity to ‘react’ during the previous 4 months? I did after all attend all Council meetings at that time.

Leaving this incident aside, it would in my opinion be extremely poor judgment for anyone to defend himself or herself against an accusation of having been dishonest, by being dishonest.

If there are any residents with similar experience of the council do please contact us by comment or email. If you wish we will post on your experience without your identity being released, or not post anything if you simply want to share your experience it’s entirely up to you. We would love to hear your story, your not alone, there are a number of us, let us compare notes and grow as a group.

Response to; A registered elector and taxpayer of Preston 3.

We would just like to remind readers, this blog is not run by any one person, it has a number of residents as members and we work as a team, no single member has full control on what appears. If you wish to comment on anything on this blog you should either comment through the normal channel or email us direct, If you would like to join our group please email us, thank you.

3. Some Suggested Documents for your campaign.

DOCUMENY 1.

            Notice of Meeting Preston Parish

All registered electors of Preston Parish are hereby invited to at meeting to be held at the Community Hall, Main Street Preston.

on (day, date and time)...............................................................................

The Agenda will be:

A Motion proposing that a Poll of the whole Parish is held on the following question:

“Do you want Preston Parish Council to make a full disclosure of costs, funding sources and all relevant information relating to any Parish Consultation and its outcome to the proposed Preston Play Park? Yes or No”

This meeting is called by the undersigned six electors of this Parish

Signature........................................Address..........................................

Signature........................................Address...........................................

Signature........................................Address...........................................

Signature........................................Address...........................................

Signature........................................Address...........................................

Signature........................................Address...........................................

Dated..............................................

DOCUMENT 2.

Contact the Parish Council Chairman and Parish Clerk and inform them of your intention to convene a Parish Meeting by telephone, meeting or by letter. Suggested form of Letter to Clerk to the Parish Council/Chairman to the Parish Council prior to the Parish Meeting.

Preston Parish Council

(Address)

(Date)

Dear

Re.   Parish Meeting.

I refer to our recent telephone conversation/meeting/letter concerning the above. As a matter of courtesy I am formally writing to notify you that I have now arranged the parish meeting for (date, time and place).

I enclose herewith a copy of the Notice of Meeting for your information. I have to-day displayed this notice on (list of locations, request to have it listed in both Parish Notice Boards on Main Street and at the Community Hall).

I have to-day sent a letter similar to this one to (Chairman/Clerk of the Parish Council) together with a copy of “Notice of Meeting”.

At the Parish Meeting I, or one of those calling the meeting, will propose the following motion:

That this Parish Meeting hereby requests the East Riding County Council to hold a poll under Schedule 12, part 3 of the Local Government Act, 1972. The question to be asked shall be:

“Do you want Preston Parish Council to make a full disclosure of costs, funding sources and all relevant information relating to any Parish Consultation and its outcome to the proposed Preston Play Park? Yes or No”

If you have any queries about the proposed Parish Meeting please do not hesitate to contact me. Thank you for your assistance to date.

Yours sincerely,

DOCUMENT 3.

                          Preston Parish Meeting

being held in the Community Hall, Main Street, Preston.

At 7 pm on (Date)

                                             AGENDA

1.     The appointment of a Chairman for the Meeting. (unless Parish Council Chairman attends)

2.            The appointment of a Secretary for the Meeting. (unless Parish Clerk attends)

3.            A proposal by (name), a parishioner of Preston Parish as follows:-

That this Parish Meeting hereby requests the East Riding County Council to hold a poll under Schedule 12, part 3 of the Local Government Act, 1972. The question to be asked shall be:

“Do you want Preston Parish Council to make a full disclosure of costs, funding sources and all relevant information relating to any Parish Consultation and its outcome to the proposed Preston Play Park? Yes or No”

Proposer speaks to the proposal (see prepared address DOCUMENT 4)

4.            An open discussion on that proposal

5.            A vote (record full details of numbers).

6.            Close of Meeting.

Document 4.

The Proposal and Suggested address to the Parish Meeting to be given by the proposer:

The Proposal:

That this parish meeting hereby requests the East Riding County Council to hold a poll under Schedule 12, part 3 of the Local Government Act, 1972. The question to be asked shall be:

“Do you want Preston Parish Council to make a full disclosure of costs, funding sources and all relevant information relating to any Parish Consultation and its outcome to the proposed Preston Play Park? Yes or No”

The Purpose of this Parish Meeting:

It is not the purpose of this meeting to have a debate on the advantages or disadvantages of such a Play Park. Neither is it intended to be a forum for a discussion on the merits or otherwise of the Play Park.

The purpose of this meeting tonight is to fulfill a simple legal requirement and it is this. If at least ten parishioners vote for this proposal then the East Riding County Council will be obliged to hold a parish poll in this parish asking the question set out in the proposal.

That poll must take place within not more than 25 days of this meeting.

The sole purpose of this meeting tonight is to compel Preston Parish Council to be open and transparent when it comes to major projects affecting the community as a whole and to seek a broader consensus from within our community.

Procedural Requirements:

There are a number of procedural requirements that I am required to fulfill, as follows:

On the (day and date) I posted a formal Notice of Meeting signed by six parishioners of Preston Parish on/in (list of all locations where notice was left/posted).

On (day and date) I notified by letter both the Clerk and the Chairman of Preston Parish Council of the intention to hold this Parish Meeting and sent them a copy of the “Notice of Meeting”.

(The following to be included only if the Clerk and Chairman are not present) I spoke to both individuals on (date) and invited them to attend but they were unable to accept that invitation.

The Legislation:

Schedule 12, part 3 of the Local Government Act, 1972 places a requirement on Town and Parish Councils to hold a ‘local poll’ on any subject which concerns the electors of that town or parish, provided at least 10 or one third of the electors, whichever is the least, attend a Parish Meeting and vote to have a poll.

If such a poll is voted for at this Parish Meeting then East Riding County Council is required to hold that Parish poll within 14 to 25 days of that vote.

The Background to this Parish Poll:

Why are we seeking to hold this Parish Poll?

There has been much confusion regarding the Preston Play Park, we have had leaflets through our doors in 2012 stating that fund raising is progressing well and a start on installation should begin in early 2013, that time scale has come and gone with little further information being made available.

There has been statements by people at the head of the project on local Social Media sites to the effect that sufficient funds have been raised and installation is expected to begin in September 2013. There has been contrary statements on the same sites and at the same time by people leading the project that there is a substantial shortfall in funding and the Play Park may not happen after all.

There is much confusion regarding the project, arguing amongst councillors/trustees, people trying to “take over” the management of the project, serious questions on the accounting for funds, outside personnel having to “rescue” the project, an insurmountable shortage of funds whilst at the same time the equipment has been ordered, we need clarity and have a legal right to the information requested as residents, electors and precept payers of the parish.

Preston Charities and Preston Parish council are now heavily involved with the project and appear to be making public funds available to the project and the amounts are rumoured to be substantial.

Preston Parish Council appears to have the issue in ‘Lockdown’ and are refusing to make information available to residents which denies residents their rightful opportunity for debate on the issue.

If the project is meant for “all Preston” and substantial public funds are being made available with all available external funding being routed towards the Play Park along with ‘commuted sums’ it is essential that all residents have the opportunity to voice their opinions, it must not be left solely to the council and a few parents to decide the issue and merits of such a scheme when the cost falls upon all residents.

If the project is sufficiently along that commitment to it can no longer be abandoned all information should be made available to residents.

I must stress this matter cuts across the range of opinions in the village, the purpose of this Parish Meeting and Poll is not to denigrate or praise the Play Park. It is to provide the residents of the Parish with the information they have a right to as registered electors, residents and taxpayers and to give a voice to the residents of the Parish.

DOCUMENT 5.

Suggested form of letter to Parish Council Chairman and Clerk after the Parish Meeting has been held if they were not present.

Dear

Re.   Parish meeting (date)

I write to inform you that at (time and date) a Parish Meeting was held at the Community Hall, Main Street, Preston on the motion of the need for a parish poll on the question,

“Do you want Preston Parish Council to make a full disclosure of costs, funding sources and all relevant information relating to any Parish Consultation and its outcome to the proposed Preston Play Park? Yes or No”

 The proposer for the motion was (identify) of (address).

I enclose the following three documents:

A form of Agenda for the meeting.

A written formal proposal and an address to that proposal.

A copy of the minutes of the meeting.

You will note that (number) parishioners attended the meeting and that (number) voted for the proposal. The requirements, therefore, for holding a Parish Poll have been met.

I have this day notified East Riding County Council of the result of this meeting and served upon them the three above-mentioned documents requesting a parish poll.

Thank you for your assistance in this matter.

Yours sincerely,

(Name)

DOCUMENT 6.

Suggested form of letter to Monitoring Officer of East Riding County Council following the successful holding of a Parish Meeting.

For the information of the Monitoring Officer (identify)

Dear (identify),

Parish Meeting at Preston Community Hall, Main Street, Preston.

I am writing to inform you that a meeting of the Preston Parish was held at (time and date).

The following motion was carried:

“Do you want Preston Parish Council to make a full disclosure of costs, funding sources and all relevant information relating to any Parish Consultation and its outcome to the proposed Preston Play Park? Yes or No”

The voting was:           

FOR - (number)

AGAINST - (number)

ABSTENTIONS - (number)

Number of electors present at the meeting - (number). Include names and addresses.

The Proposer for the motion was (name and full address).

The requirements for holding a Parish Poll in this Parish have therefore been met (at least ten electors supporting the proposal, or at least one third of those electors there present, whichever is the least).

I enclose for your information the following documents:

A copy of the Agenda which was distributed at the meeting.

The formal proposal and address, which was given at the meeting.

A signed copy of the Minutes of the Meeting.

I would be grateful if you would now hold a Parish Poll, posing the above question, within 14 – 25 days as required under the regulations.

Would you please inform me, as soon as possible, the date on which the poll will be held and all the arrangements pursuant to that event.

Yours sincerely,

Name

This completes our response to a Preston registered elector and taxpayer. We hope it has been helpful to your efforts.

If there are any residents with similar experience of the council do please contact us by comment or email. If you wish we will post on your experience without your identity being released, or not post anything if you simply want to share your experience it’s entirely up to you. We would love to hear your story, your not alone, there are a number of us, let us compare notes and grow as a group.

Response to; A registered elector and taxpayer of Preston 2.

We would just like to remind readers, this blog is not run by any one person, it has a number of residents as members and we work as a team, no single member has full control on what appears. If you wish to comment on anything on this blog you should either comment through the normal channel or email us direct, If you would like to join our group please email us, thank you.

2. 15 steps needed to successfully demand a Parish Poll.

Step One.

Obtain six signatories (full signatures and addresses) on the ‘Notice of Meeting’ DOCUMENT (1). Once all the signatures have been obtained you can complete the top part of the Notice by filling in the location and time, day and date of the intended Parish Meeting.

Note that you must allow at least seven days between the date of the Notice and the date of the Parish Meeting. Our advice is to allow at least eight to ten days.

Note the following points: Check and ensure that your intended location for the meeting (Community Hall?) is available and what it will cost. You cannot use licensed premises.

Ensure that on the day of the meeting the key will be available for you an hour before the meeting starts.

Meetings are allowable during the evening, not during the day, so fix the time for your meeting at 7 p.m.

Photocopy your Notice of Meeting DOCUMENT (1) making sufficient copies to be used (a) as Posters advertising the Parish Meeting and (b) as copies to accompany your letters to the Parish and East Riding Councils. Always retain the original.

Step Two.

Place your photocopies of the Notice of Meeting in well-used locations in the parish such as, Post Office, village shop, community hall, parish notice boards, Social Media Sites, etc. Make and keep a note of exactly where and when you placed these notices.

Step Three.

Immediately after placing your notices as above, and on the same day, send letters to both the Chairman and Clerk to the Parish Council DOCUMENT (2) notifying them both of your arrangements for a Parish Meeting.

You must enclose a copy of the Notice of Meeting with your letter. It is preferable if you can deliver these letters and enclosures by hand. If not, ensure the letters are sent by Recorded Delivery.

Step Four.

Write a Press Release  and distribute (by hand, post, email or telephone) to local newspapers, Social Media sites, etc.

Step Five.

Prepare sufficient copies (approx three dozen) of the Agenda DOCUMENT (3) and retain for distribution at the Parish Meeting.

Step Six.

During the time between the compilation of the Notice of Meeting and the Parish Meeting, continually ensure that your ten supporters (more if available) know of the details of the Parish Meeting and that they are able to confirm their availability. It is as well to check on this more than once and certainly on the day of the meeting. It is advisable to have two or three substitutes standing by.

Step Seven.

Prior to the Parish Meeting prepare and practice your Proposal and speech DOCUMENT (4). Be totally conversant with the content of what you intend to say and, if the chairman of the meeting is not the Parish Council Chairman, allow the appointed chairman to see your speech and be aware of what you will be saying.

Step Eight.

On the day of the Parish Meeting ensure your ten supporters (plus substitutes) are still available for the meeting. On the evening of the meeting have a reliable person on the door, checking (a) that your ten supporters (and substitutes) are present and (b) who of those entering are on the electoral roll for the parish (if possible). The person checking should take names and addresses of those entering and retain that record. 

IMPORTANT NOTE:- Because a person is a resident of Preston does not automatically ensure they are on the electoral register for the parish.

Step Nine.

After the distribution of the Agenda DOCUMENT (3) to all those present at the meeting the organiser (you) should make your proposal and address the meeting from your script DOCUMENT (4).

IMPORTANT NOTE: - It is imperative that both you and the Chairman try and stop any amendments being put forward from the floor, which will weaken the proposal or confuse potential voters. Once you have given your speech the Chairman should ask for a seconder and then a vote. Ensure that all those voting are parishioners. (Their names must be recorded in the minutes).

As soon as that has been accomplished you then have to read the ‘procedural point’ and request a vote on it (no need for a seconder). In relation to both set of votes, if ten or one third of those present, which ever is the least, vote in favour then a poll may be requested. The meeting should then be closed.

Ensure that the minutes have been properly kept. The chairman, the secretary and you are all required to sign the minutes, the agenda and a copy of the Notice of Meeting.

Step Ten.

On the day after the meeting dispatch a letter DOCUMENT (5) to both the Chairman and Clerk of the Parish Council (if not present at the meeting). Send a letter to East Riding Council DOCUMENT (6) requesting a parish poll. The letter to East Riding County Council should be delivered by hand and a receipt obtained or by Recorded Delivery.

Step Eleven.

Upon notification from the East Riding Council,

(a) That it will organise a poll and,

(b) The time, day, date and location of the a poll, dispatch a Press Release to local      newspapers, Social Media sites, HU12 Online, Preston Village Debate, etc.

Check with East Riding County Council and obtain their agreement for you and named others to attend the count, Preston having 2 Wards may require 2 polling booths if so ensure you have them both covered.

Step Twelve.

In the week leading up to the poll you and your supporters should leaflet every dwelling in the parish with two leaflets. The first leaflet will need to be an informational leaflet concerned with Play Park, how it’s being dealt with by the Parish Council and costs, etc.

The second leaflet will give the time, day, date and location of the poll and will urge parishioners to vote and should be distributed on the day before the poll.

This is the final reminder of the poll.

Step Thirteen.

Do not attend the poll (other than to vote). Stay away from the polling booth. You will already have been told when the polling booth will close (usually 9 p.m.). Attend at that time (with whoever else has been identified as an observer) and witness the count. You will probably be asked to confirm the details of the poll. Do so.

Step Fourteen.

Prepare a press release giving the result of the poll suitable for distribution to local newspapers, Social Media sites etc.

Step Fifteen.

Prepare and dispatch a letter of thanks to East Riding Council including particular areas where the staff have been especially helpful. In the same letter ask how much the poll has cost.

You have now completed the organising of a parish poll in Preston. Well done.

If there are any residents with similar experience of the council do please contact us by comment or email. If you wish we will post on your experience without your identity being released, or not post anything if you simply want to share your experience it’s entirely up to you. We would love to hear your story, your not alone, there are a number of us, let us compare notes and grow as a group.