'The Bear Garden Blog' reveals yet again some of the important stuff that the Parish Clerk's minutes don't tell you.
Advice from
the Yorkshire Local Councils Associations to Hemingbrough Parish Council: “YLCA is of the firm opinion that responsibility
for the minutes lies with the clerk to the council. Minutes are a record of what transpired at
the meeting. When an agenda asks
councillors ‘to approve the minutes as a true and correct record’ it is asking
them to confirm that the minutes are a true record of the proceedings”
(Explanations in brackets)
7 September 2011.
The Parish Council Clerk was given a copy of a resignation letter from
Mr/Councillor Senior to Mrs/Councillor Bygrave, (Clerk of the independent, registered charity ‘Hemingbrough United
Charities) where the third Trustee was Chairman/Mr/Councillor R. Chilvers.
Senior
wrote “The Charity Commission wrote to all the trustees (3) on 2nd February 2010 advising of the way the charity
should be re-organised. Despite this
correspondence nothing has been done to rectify matters (that Charity has a quorum of two trustees who can always outvote the third
trustee and the Chairman has an additional casting vote). Also I feel that I cannot be part of a group
which, in spite of my efforts, has done nothing to rectify the untrue accounts
forwarded to the charity commission. (!!!)
I feel that someone totally independent
of the parish council should be appointed and for them to try and bring this
worthwhile charity to order.”
15 December Parish Council Minutes.
Councillor Drew proposed that as only one name had been put forward the
Parish council should appoint Mr G Markham as a trustee and this was seconded by
Councillor Senior.
Councillor
Strelczenie made a counter proposal that Mr G Markham was not appointed as a
trustee and this was seconded by Councillor (R)
Chilvers (Chairman of the Charity where
his son is tenant of its only asset, agricultural land farmed for pecuniary
gain, on a fixed rent for about sixteen years).
Councillor Chilvers also advised
that he wanted it to be minuted that he was of the opinion that the applicant
was very biased towards (his son) the tenant of the Hemingbrough United Charities land.
Councillor
Strelczenie requested that a named vote be taken and the votes were recorded as
follows: - In favour of not appointing – Strelczenie, Chilvers (Charity Chairman of Trustees),
Kinsella. In favour of appointing –
Drew, Harrision, McCann, Pickering, Senior, Wilkinson. Abstained – Bygrave (Charity Trustee)
With the
majority vote Mr G Markham was appointed as a Trustee.
22 December 2011. Goole Times.
“Mr.
Markham said he wanted the parish council to appoint replacement trustees ‘who
don’t have family ties that expose the charity to allegations of nepotism and
favouritism and prevent them from discussing how to make the best use of the
charity’s only asset.’ The legendary
Sheriff of Nottingham would have been proud of this charity, which has given donations
to some of the wealthiest residents. It
was only after I started campaigning to restore the charity to its original
purpose of supporting underprivileged parish residents of any age that it was
announced the trustees (I had actually
said “the Charity Chairman and his wife”) were withdrawing from taking
donations.”
19 January 2012. Parish Council. Agenda. Confirmation of minutes of meeting held on Thursday 15th
December 2011. Minutes “were proposed, seconded and agreed with a show of hands.”
When the minutes were published a week
later, I asked Councillors McCann and Senior, both previous Trustees of that
Charity, why they had not commented in the Agenda item “Matters Arising” about the claim of
‘Parish Councillor/Charity Chairman/Father of the only tenant/Conflicted Trustee
(by Charity Commission definition)’ that
I was “very biased towards (his son) the tenant”.
I asked if they thought that I was
biased towards the tenant. It was well
known I was biased towards Trustees R. Chilvers and S. Bygrave and had called
for their resignations. It was also well
known that I thought and argued publicly that the tenant had nothing to do with
irregularities at the Charity.
I asked
if the majority of the Council thought I was biased towards the tenant when
they appointed me as a trustee. I had
for a long time referred to those two Councillors as Members of the ‘Mute Newts’
Group on the Council that keeps quiet in the face of criticism and belligerent
remarks aimed at them from Councillors Chilvers and Strelczenie, such as “You’re
not fit to be Trustees” and “SHUT YER GOB”.
Usually, they respond afterwards by saying they did not hear the
comments, or were talking to someone else at the time they were made!
Same Meeting, same minutes: Discuss United Charities Trustee Nomination Irregularities. Discussion took place regarding the concerns
expressed by Mr Chilvers and Mrs Bygrave following which Councillor McCann proposed that
the Parish council had carried out the procedure correctly and this was then
seconded and agreed with a show of hands.
Not in agreement that there were no
irregularities in the procedure taken by the Parish Council in appointing a new
trustee. Cllr Strelczenie.
In
agreement that there were no
irregularities in the procedure taken by the Parish Council in appointing a new
trustee. Cllr’s Harrison, Kinsella, McCann,
Senior and Wilkinson.
15 March 2012. Parish Council Agenda.
Item 15(d). Hemingbrough United Charities. Note receipt of letter regarding Parish
Council Minutes of Meeting held 15th December 2011. (After item 12) Due to time constraints (more belligerence, whingeing and whining
extending meetings beyond 23.00?) the
Chairman closed the meeting and any outstanding agenda items where appropriate
will be carried forward. (THESE MINUTES NEVER MADE IT TO THE PARISH
COUNCIL NOTICE BOARDS.)
19 April 2012. Parish Council Agenda. Hemingbrough United Charities. Note receipt of letter regarding Parish
Council Minutes of Meeting held 15th December 2011.
Minutes. (Published on the Internet 20 May) 'The
letter' was read out in full.
Councillor McCann as Clerk and Trustee for Hemingbrough United Charities
(re-appointed by the Parish Council in January
2012) had requested that the letter be included in the minutes but as it is
not standard council procedure to include a letter verbatim in the minutes a
vote was taken on this.
Councillor K
McCann proposed that the letter was included in the minutes and this was
seconded by Councillor M Senior (also re-appointed
Trustee by the Parish Council in January 2012).
Councillor J Strelczenie
made a counter proposal that the letter was not included in the minutes and
this was seconded by Councillor E Kinsella. With a majority of 6 to 3 it was
resolved that the letter would not be recorded verbatim in the minutes.
Do you have
any idea about the subject of the letter?
The Parish Clerk makes no mention of what the letter was about, other
than something to do with the Charity and her minutes of the December Parish Council.
Anyone reading the Council’s legal
record will never know.
(P.S. The Clerk’s minutes of the
March and April 2012 Parish Councils, confirmed as true records of the
proceedings, don’t mention Strelczenie’s public accusation that
Senior was ‘lining his pocket from the funds” of a Hemingbrough village
conservation group was a factual claim that gives Senior a negative image in
the village and particularly amongst the village electorate and that by refuting
Strelczenie’s accusation “most strongly”, and asking for evidence, Senior says
Strelczenie’s accusation is false, and that Strelczenie’s accusation, which is
neither ‘fair comment’ nor covered by privilege, must be presumed to be false
in the absence of any evidence after a reasonable time in which to prove its
truth. Tick,tock, Tick,tock, Tick Tock ...
Her minutes pass off events as a “letter regarding the funds of the Hagg Lane
Green Conservation Group was noted” ).
(Oh, yes! That other letter from the Parish Council files - something to do with the Charity and the Clerk's minutes. Here it is.)
(Click to enlarge)