the clerk
the role
The clerk's role is critical to the effectiveness of the governing board.
Clerks are, as specified in the Instrument and Articles of Government, the officers to the governing board, advising it on governance issues and on the parameters of its power. They play a key role in governor development and governance self-assessment.
Download the Instrument and Articles of Government (Word document)
The clerk is appointed by the governing board (not by the principal or the college) either directly or indirectly on a service contract, and it is important that he or she is seen to be independent of college management.
Clerks work in different ways. Some may be:
- members of college staff who undertake the role of clerk in addition to other roles
- full-time with no other college duties
- part-time
- servicing more than one college.
Colleges vary in size and complexity, and their governing boards have differing needs. So, the clerk's role and responsibilities may be interpreted in many different ways. Generally, however, the role of the clerk is to ensure that the:
- governing board operates within its powers
- governing board follows agreed and proper procedures
- business of the governing board is conducted smoothly and efficiently.
The clerk's statutory responsibilities
These are set out in the Instrument and Articles of Government, requiring the clerk to:
- summon meetings of the governing board by sending members written notice of the meeting and the proposed agenda at least seven calendar days before the meeting
- maintain a register of the financial interests of members and to make this available during normal office hours at the college to any person wishing to inspect it
- receive written notice that a member has been disqualified from continuing to hold the office of a member of the governing board
- receive written notice that the chair or vice chair wishes to resign his or her position on the governing board.
In reality, the clerk has many more responsibilities. In order to be effective, he or she needs to be proactive and assertive, be included in a regular three-way dialogue with the chair and principal, and be able to gain access to external professional and legal advice.
LSG Induction Pack for Newly Appointed Clerks
The clerk's operational responsibilities
The following list of responsibilities complements the above statutory requirements and may vary according to the needs of the individual governing board as well as draw on current and developing practice.
The clerk's responsibilities and activities are:
- the operation of the governing board's powers
- procedural matters
- the conduct of its business, and
- matters of best governance practice.
Users of the Governance Good Practice Guide may find it helpful to refer to the following list of the clerk's role and responsibilities when:
- appraising the clerk
- the clerk undertakes self-assessment
- constructing a job description.
1. Legal Requirements and Statutory Powers
- Making sure that the governing board fulfils its legal, statutory and public responsibilities as set down in the Instrument and Articles of Government (2008), LSC Financial Memorandum, LSC Audit Code of Practice, Employment, Health and Safety, and other general law.
- Making sure that public access to governors' papers is in line with the Freedom of Information Act.
- Taking appropriate action if and when the governing board, chair or a committee is at risk of acting outside its powers or proposing unlawful actions.
- Monitoring the public interest disclosure procedures, suggesting amendments and, where required by the governing board, acting as lead assessor.
2. Governing board's procedures and practices
- Advising the governing board on issues relating to membership, including both qualitative and quantitative aspects.
- Issuing letters of appointment for new governors.
- Keeping a register of members' interests (other than financial).
- Checking that meetings of the governing board and its committees are quorate, and keeping records of attendance.
- Establishing a proper scheme for delegation of matters to a committee or the principal, and keeping under review standing orders, membership and terms of reference of governing board committees.
- Acting as administrative support for the appointment, suspension or dismissal of senior post holders, and setting up a selection panel or special committee as appropriate.
- Operating a scheme for reimbursing governors' expenses.
- Making sure that the governing board receives appropriate information on the college's financial and academic performance.
- Briefing governors (and college managers) on new developments in governance including the Financial Memorandum and the Audit Code of Practice.
- Helping governors develop performance indicators to assess their own effectiveness.
- Leading on the development of the governors' self-assessment report and quality improvement plan, and facilitating governors' involvement in self-assessment.
- Supporting the governing board during inspection and the audit of governance.
- Holding and ensuring the application of the college seal, and maintaining records.
3. Smooth and efficient running of the governing board
- Determining the annual calendar of meetings and cycle of business of the governing board and its committees, calling meetings and ensuring the preparation of agendas, reports and minutes of meetings.
- Attending all meetings of the governing board and its committees, subject to:
- the need for formal deputising arrangements to be identified (e.g. in the case of ill health)
- the need to demonstrate independence where a management role is held in conjunction with that of the clerk.
- Facilitating discussion of governance issues between the chair, principal and senior managers (e.g. by holding regular meetings and developing good working relationships).
- Providing advice and briefings to the governing board and its committees, particularly Search and Audit, and acting as a reference point for enquiries.
- Providing administrative support to the governing board chair, committee chairs and individual governors.
- Acting as a correspondent for the governing board (e.g. by replying to invitations, questions and requests for information).
- Making sure that the official records of the governing board's business are kept safe, orderly and accessible, and keeping a record of any business the governing board still has to deal with.
- Facilitating the identification of governors' development needs, arranging governor training, including inducting new members of the governing board.
Download a sample job description for a clerk (PDF document)
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