Application of the Staff Code of Conduct

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Mr Wren,

Thank you for your request dated 01.09.11.

I can confirm that your request is not a request for "information held" as
described in the Freedom of Information Act 2000.

The Council, as an employer, does not need powers to deal with matters of
employment - it has simply to apply a lawful practice. I think you may be
confusing the Council as an employer and the Council as a Local Government
Organisation.

As with any employer the Council is entitled, on a common-sense and lawful
basis to apply HR policies/ Code of Conduct differently to different
members of staff in particular circumstances relating to their job role.
This has already been highlighted to you by the Chief Executive in her
previous response.

If you have any further comments or questions to make of Bristol City
Council , which are clearly not "requests for information held" by this
public body, please contact us via the Fair Comment system that we have in
place, you can find more information about how to do this on our website.
The "What Do They Know" site is specifically for valid requests for
information held, that people are entitled to request under the Freedom of
Information Act 2000.

Sent on behalf of S McNamara
Head of Legal Services

>>> Bill Wren <[FOI #84914 email]> 01/09/11 17:40
>>>
Dear Bristol City Council,

In a response to an FoI request, dated 22 August 2011, the Chief
Executive says:

"that the employee code of conduct is applied slightly differently
to [a service director] (and his team) than to most members of
staff is hardly surprising."

Please could you provide me with information from either your HR
policies, your constitution or elsewhere that empowers the council
to apply HR policies "slightly differently" to certain members of
staff.

Please provide information on who you believe your HR policies
apply to.

Yours faithfully,

Bill Wren

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Mr Wren,
 
Firstly, I apologise on behalf of the Council, this response appears to
have been over looked, but your request for a review was considered and
this is the response:
 
As stated in my last response to you, this is a request that is not for
"information held" by the Council. The Council does not need "powers" to
apply it's HR policies, as long as they are applied lawfully and with
common sense, therefore there is no exemption from disclosure applied.
 
As you say, there is no information held and  "this is the end of the
matter".
 
Sent on behalf of Mr S McNamara
Head of Legal Services

>>> Bill Wren <[FOI #84914 email]> 07/09/11 19:59
>>>
     Dear Bristol City Council,
    
     Please pass this on to the person who conducts Freedom of
     Information reviews.
    
     I am writing to request an internal review of Bristol City
     Council's handling of my FOI request 'Application of the Staff Code
     of Conduct'.
    
     I have made a request for information held. Specifically:
    
     Information contained either in your HR policies, your constitution
     or elsewhere (for example in correspondence, email, internal
     reports, meeting minutes, notes etc) that empowers the council
     to apply HR policies "slightly differently" to certain members of
     staff.
    
     Under the Act you are first required to state whether you hold this
     information. Please do so.
    
     If you do then please provide the information (or provide me with
     details of the relevant exemption).
    
     If you do not. That is obviously the end of the matter.
    
     This is a very 'narrow' request for a specific piece of
     information, please note I have no interest in making any "comments
     or questions" under your Fair Comment procedure on the matter.
    
     A full history of my FOI request and all correspondence is
     available on the Internet at this address:
    
[1]http://www.whatdotheyknow.com/request/ap...
    
     Yours faithfully,
    
     Bill Wren
    
    
    
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     Please use this email address for all replies to this request:
     [FOI #84914 email]
    
     Disclaimer: This message and any reply that you make will be
     published on the internet. Our privacy and copyright policies:
     [2]http://www.whatdotheyknow.com/help/offic...
    
     If you find this service useful as an FOI officer, please ask your
     web manager to link to us from your organisation's FOI page.
    
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