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Trevor R Nunn made this Freedom of Information request to West Lindsey District Council
West Lindsey District Council did not have the information requested.
From: Trevor R Nunn
27 February 2010
Dear West Lindsey District Council,
It has come to my attention that West Lindsey District Council has
agreed to indemnify the legal costs of its former leader and/or
chief executive if either is sued following the Audit Commission
report into the district council.
Please supply any and all information relating to the Council
constitution that allows the Council to financially support in any
way former members or officers should legal action be taken against
them as individuals.
Yours faithfully,
Trevor Nunn
West Lindsey District Council
27 February 2010
Dear Customer,
Thank you for contacting West Lindsey District Council.
Your message reference is: B4b89a84f0000.000000000001.0002.mml
Please quote this reference if you need to contact us again regarding this matter.
You can expect a response from us within 1 working day.
Thank you
Customer Services Team
Trevor R Nunn left an annotation (27 February 2010)
The news paper article which led to my FOI request here..
http://www.marketrasenmail.co.uk/news/We...
James Murray left an annotation ( 1 March 2010)
In view of the fact that there is a 76 yr- old ex-service pensioner WLDC resident (cancer sufferer) who has been obliged (after a ten year ordeal) to mortgage his home to pay his legal defence against an action by a morally corrupt housing association, a co-agency of WLDC, based on perjured 'evidence'collected by WLDC ASB 'team', to have him committed to prison....it is deeply offensive to right-thinking persons to be told that an ex-CE of WLDC, a proven dishonest individual, may be indemnified for his legal costs.....
Will WLDC pay his costs if they have to sue him to recover the 7Mio £ of public money which he lost
through negligently investing in an Icelandic bank.
Incidentally, the ex CE never accounted for the fact that, in December 2008, before three witnesses, when asked how many persons he hd sentenced to his 'single point of contact' treatment, replied blatantly untruthfull, 'One'. It was well known that there were
more.
His administrative minions with their usual delay, evasion and obfuscation tactics covered for him.
Perhaps now this legacy of moral corruption left by him can be rooted out.
Mr B P Wagstaff left an annotation ( 1 March 2010)
Dear Trevor,
Regrettably, West-Lindsey District Council puts the protection of officials before service provision to vulnerable members of the public they should represent.
As an example, a criminally targeted family were told in writing by the departing Chief Executive, that attempts to bring repeated failures of West-Lindsey District Council official's to account were ‘using valuable resources’. This matter was in regard to the physical and mental safety of a child over a considerable period.
Advice given when sought said, 'that all Councils without exception have a statutory duty of care to children', the council clearly in documentation said the complete opposite. Your FOI request will help to clarify priorities this council applies.
As a WLDC resident I wish you luck in your appropriate FOI request and will monitor this request.
Thank you.
From: FOI
West Lindsey District Council
1 March 2010
Dear Mr Nunn
Freedom of Information Act 2000 - Information Request No. 805
Re: Indemnity of Legal Costs to Former Leader of the Council
Thank you for your request for information received on 1 March 2010.
Your request is now being considered and you will receive the information
within the statutory 20 working days as defined by the Freedom of
Information Act 2000, subject to the information not being exempt or
containing reference to a third party.
Yours sincerely
FOI Officer
West Lindsey District Council
show quoted sections
*** DISCLAIMER **** The information transmitted is intended only for the
person or entity to which it is addressed and may contain confidential
and/or privileged material. Any review, retransmission, dissemination or
other use, or taking of any action in reliance upon this information by
persons or entities other than the intended recipient is prohibited. If
you received this in error, please contact the sender and delete the
material from your computer. Any correspondence with the sender will be
subject to automatic monitoring.
From: FOI
West Lindsey District Council
11 March 2010
Dear Mr Nunn
Freedom of Information Act 2000 - Information Request No. 805
Please find attached response to your request.
Yours sincerely
FOI Office
West Lindsey District Council
Guildhall
Marshall's Yard
Gainsborough
Lincolnshire
DN21 2NA
show quoted sections
*** DISCLAIMER **** The information transmitted is intended only for the
person or entity to which it is addressed and may contain confidential
and/or privileged material. Any review, retransmission, dissemination or
other use, or taking of any action in reliance upon this information by
persons or entities other than the intended recipient is prohibited. If
you received this in error, please contact the sender and delete the
material from your computer. Any correspondence with the sender will be
subject to automatic monitoring.
From: Trevor R Nunn
11 March 2010
Dear FOI,
Thank you for the information provided so far. However, I am
already aware of the the 2004 order but that was not the basis of
my Freedom of Information request. Which was..
"Please supply any and all information relating to the Council
constitution that allows the Council to financially support in any
way former members or officers should legal action be taken against
them as individuals."
Many laws allows organisations to do much more than than they are
actually allowed to do under their more restrictive constitutions.
Please supply the information requested or in the alternative an
admission that your constitution does not allow the council to
financially support ex officers.
Yours sincerely,
Trevor R Nunn
From: FOI
West Lindsey District Council
29 March 2010
Dear Mr Nunn,
Please find attached the response to your request for further information
regarding your previous Freedom of Information Request No.805.
Kind Regards.
Yours sincerely
FOI Officer
West Lindsey District Council
show quoted sections
*** DISCLAIMER **** The information transmitted is intended only for the
person or entity to which it is addressed and may contain confidential
and/or privileged material. Any review, retransmission, dissemination or
other use, or taking of any action in reliance upon this information by
persons or entities other than the intended recipient is prohibited. If
you received this in error, please contact the sender and delete the
material from your computer. Any correspondence with the sender will be
subject to automatic monitoring.
From: Trevor R Nunn
3 April 2010
Dear West Lindsey District Council,
Please pass this on to the person who conducts Freedom of
Information reviews.
I am writing to request an internal review of West Lindsey District
Council's handling of my FOI request 'Council Constitution:
Financial support of ex members and/or officers in legal
proceedings.'.
Failure to supply the information requested which was,
'Please supply any and all information relating to the Council
constitution that allows the Council to financially support in any
way former members or officers should legal action be taken against
them as individuals.'
As I have already stated I am aware of and have a copy of the 2004
order you mention but as I previously stated this is not the basis
of my Freedom of Information request. Neither is the council
constitution per se, of which I also have a copy.
Please supply the information requested. For the avoidance of any
doubt I want information about how the committee ratified their
decision with the council constitution. If you cannot do this then
the decision by the committee is unlawful.
I am aware that part two of the council constitution allows the
Chief Executive to institute, defend or participate in any legal
proceedings in any case where such action is necessary to give
effect to decisions of the Authority or in any case where he/she
considers that such action is necessary to protect the Council’s
interests.
However, this clause clearly does not allow the council to
underwrite an ex employee/member's legal defence expenses.
A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/co...
Yours faithfully,
Trevor R Nunn
West Lindsey District Council
3 April 2010
Dear Customer,
Thank you for contacting West Lindsey District Council.
Your message reference is: B4bb764f80000.000000000001.0002.mml
Please quote this reference if you need to contact us again regarding this matter.
You can expect a response from us within 1 working day.
Thank you
Customer Services Team
From: FOI
West Lindsey District Council
9 April 2010
Dear Mr Nunn
Please find attached response to your email of 3 April 2010.
Yours sincerely
FOI Office
West Lindsey District Council
Marshall's Yard
Gainsborough
Lincolnshire
DN21 2NA
show quoted sections
*** DISCLAIMER **** The information transmitted is intended only for the
person or entity to which it is addressed and may contain confidential
and/or privileged material. Any review, retransmission, dissemination or
other use, or taking of any action in reliance upon this information by
persons or entities other than the intended recipient is prohibited. If
you received this in error, please contact the sender and delete the
material from your computer. Any correspondence with the sender will be
subject to automatic monitoring.
From: FOI
West Lindsey District Council
30 April 2010
Dear Mr Nunn
Freedom of Information Act 2000 - Information Request No. 805 - Review
Request
Please find attached response to your request.
Yours sincerely
FOI Office
West Lindsey District Council
Guildhall
Marshall's Yard
Gainsborough
Lincolnshire
DN21 2NA
show quoted sections
*** DISCLAIMER **** The information transmitted is intended only for the
person or entity to which it is addressed and may contain confidential
and/or privileged material. Any review, retransmission, dissemination or
other use, or taking of any action in reliance upon this information by
persons or entities other than the intended recipient is prohibited. If
you received this in error, please contact the sender and delete the
material from your computer. Any correspondence with the sender will be
subject to automatic monitoring.
Trevor R Nunn left an annotation ( 9 May 2010)
Their response to the internal review was
"Core Management Team have considered your review request for this FOI and their view was that the Organisation and Resources Committee is the primary policy committee which takes responsibility for the organisation overall and this included responsibility for finance and staffing. This committee therefore had the authority to take the decision with regard to the granting of an indemnity to Councillor Bernard Theobald and Duncan Sharkey,Chief Executive. It is Core management Team's opinion that this decision was entirely lawful and in accordance with their committee's overall terms of reference."
However, they have not provided any information to support their opinion nor the information requested.
Councils and committees are not allowed to risk taxpayers money without the authority to do so. I have asked repeatedly for information regarding their authority to do what they have done and they have failed to provide it. I assume because it doesn't exist.
It is now imperative that a local residents contacts the audit commission over the council's dubious decision to underwrite the legal expenses of ex members and officers because as far as I can ascertain the council constitution does not allow them to do so.
Interested local residents can contact the Audit Commission here
http://www.audit-commission.gov.uk/about...
From: Trevor R Nunn
9 May 2010
Dear FOI,
I disagree with your assessment of the situation and accordingly I
have asked local residents to challenge the committee's dubious
decision with the Audit Commission. I would do it myself but
thankfully I do not live within the West Lindsey District Council
area.
Yours sincerely,
Trevor R Nunn
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
Trevor R Nunn left an annotation (27 February 2010)
I doubt financially underwriting legal costs for EX members or officers could be argued as to be protecting the Council's interests. On the contrary dragging the council into a private legal action could be seen as doing quite the opposite. Hence my FOI request.
If an ex member or officer has allegedly done something wrong then the council should not use tax payers money to support their defence.
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