Employees

Dear Sir/Madam,

I refer to your request for information regarding legal costs, which was
received on 2nd June, 2009 and is being dealt with under the Freedom of
Information Act 2000.

In order for us to proceed, we would be most grateful if you could
provide more details regarding your request, as follows:

Please explain what you mean by "explicit identification."

Once we have received sufficient clarification from you to enable us to
search our records, we will be required to respond within 20 working
days.

If we do not hear from you within three months of the date of this
letter/email it will be considered that your request has been withdrawn.

If you have any queries, please do not hesitate to contact me,
remembering to quote the reference number above in any communications.

Yours faithfully

John Tillman
Swyddog Gwybodaeth a Diogelu Data
Adran y Prif Weithredwr
Cyngor Sir Gaerfyrddin

Information & Data Protection Officer
Chief Executive's Department
Carmarthenshire County Council

Tel: (01267) 246108
Mewnol/Internal: 6108
Ffacs/Fax: (01267) 246134

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Dear Mr Hardwicke,

Thank you for your reply. Whilst I am of course aware of the meaning of
the word "explicit", what I require in order to properly respond to your
request is clarification as to what specific informatin you are seeking
when asking the following:

"Please further provide explicit identification if a member of staff can
take independent legal action without authorisation by the Council."

I regret that this part of your request is not sufficiently clear, as
currently set out, to enable us to respond.

If you have any queries, please do not hesitate to contact me.

Yours sincerely

John Tillman
Swyddog Gwybodaeth a Diogelu Data
Adran y Prif Weithredwr
Cyngor Sir Gaerfyrddin

Information & Data Protection Officer
Chief Executive's Department
Carmarthenshire County Council

Tel: (01267) 246108
Mewnol/Internal: 6108
Ffacs/Fax: (01267) 246134

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Dear Mr Hardwicke,

Thank you for your further response. I will proceed with your request
on this basis.

Yours sincerely

John Tillman
Swyddog Gwybodaeth a Diogelu Data
Adran y Prif Weithredwr
Cyngor Sir Gaerfyrddin

Information & Data Protection Officer
Chief Executive's Department
Carmarthenshire County Council

Tel: (01267) 246108
Mewnol/Internal: 6108
Ffacs/Fax: (01267) 246134

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Dear Mr Carruthers,

I refer to your request for information regarding legal proceedings which
was received on 2^nd June, 2009 and has been dealt with under the Freedom
of Information Act 2000.

The specific information you requested was as follows:

1. Details of all members of staff who have been given permission by
Carmarthenshire County Council to initiate legal proceedings against a
citizen of the County.

2. If a member of staff believes that they have been libelled whilst
undertaking their duties, a copy of the extract of their contract either
allowing or restricting them to take independent legal action.

3. Explicit identification if a member of staff can take independent legal
action without authorisation by the Council.

4. Copies of all documentation authorising independent legal action to be
taken by a member of the Council's staff over the last five years.

We wrote to you on 11^th June asking you to clarify the part of your
request that asks for "explicit identification". You kindly responded on
16^th June as follows:

"If an officer was to pursue legal action independently due to criticism
that they received whilst acting for the public body and had done so
successfully they would need to declare to the Chief Executive that they
had done so. Land Registry records appear to identify that this might have
occurred. This would obviously bring the public body into conflict with
the officer that had secured an judgment independently. There would be a
clear need for authorization as they would have no need to take any action
if they were not part of the public body. Effectively the officer would be
acting to support discretionary decisions of members elected by the
political parties.

My reading of the Council's constitution (prior to its amendment which
appears to be flawed) is that there must be recorded information to allow
an officer (such as the Chief Planning Officer) to initiate legal
proceedings on their own behalf as the proceedings would be linked to
political decisions of the public body.

I do not know what recorded information the Council has, including
disciplinary information. However, I am aware that the Council will be
aware of registered charges at the Land Registry, and that these will have
been declared to the Council and/or those with responsibility for
governance."

In response, since no member of staff has received
authorisation/permission to initiate legal proceedings I can confirm that
the Council holds no recorded information in relation to any part of your
request.

If I can be of any further assistance, please do not hesitate to contact
me.

Yours sincerely

John Tillman
Swyddog Gwybodaeth a Diogelu Data
Adran y Prif Weithredwr
Cyngor Sir Gaerfyrddin

Information & Data Protection Officer
Chief Executive's Department
Carmarthenshire County Council

Tel: (01267) 246108
Mewnol/Internal: 6108
Ffacs/Fax: (01267) 246134

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