Dear Sir or Madam,

I would like to know the average proportion of time the elected
representatives of your authority spend as part of their duties for
2005/2006, 2006/2007 and 2007/2008 on their main activities. The
activities that form their duties (employment) as an elected
representative are:

1 directly resolving complaints against the executive (Council
Staff) of the Council by residents;
2 sitting on committee's;
3 acting for the political parties that they represent and/or
ceremonial duties (i.e. all time not spent on sitting on a
Committee or resolving a complaint against the executive);

The total time spent by an elected representative for a Council on
these three activities should be 100 per cent of the time they
spend 'working for a Council' as an elected representative.

I would additionally like to know how much in total was paid to
local councillors to meet all their duties (including expenses) for
2005/2006, 2006/2007 and 2007/2008 by your authority, and how many
elected representatives are (and were) represented on your
authority for these years.

I would also like to know how many Complaints in total were
submitted to your Council in 2005/2006, 2006/2007 and 2007/2008 for
each year. I would further like to know how many of these
complaints were formally considered by an elected representative
for each of these years.

I would further like to know how many complaints against the
Executive (Council staff) led to the elected representatives
formally identifying that the Executive had acted wrongly for the
years 2005/2006, 2006/2007 and 2007/2008, and how many of these
formal determinations by the elected representatives identify that
there was no wrong-doing by the Executive. How many staff employed
by your authority in 2005/2006, 2006/2007 and 2007/2008 ceased to
be employed by your authority as a direct result of a complaint
against the Executive, and the Councillors identifying this to be
the case.

I would further like to know how much money the Council has paid to
a complainant (i.e. victim of a Council's wrongdoing) through its
own complaints system (i.e. excluding any intervention by the Local
Government Ombudsman, Valuation Tribunal or similar body) in
2005/2006, 2006/2007 and 2007/2008.

I would like to know how much money either in the form of local
settlement or additional formal finding of maladministration
causing injustice the Local Government Ombudsman has recommended
that your Council pay in 2005/2006, 2006/2007 and 2007/2008 (for
each year) and if the Local Government Ombudsman's recommendations
have been met in full (including any non-financial recommendations
for each year)). Please detail any recommendation that has not been
met in full and provide a copy of the Elected representatives
decision. Please additionally identify if these costs were met
directly by Council Tax Payers or the Council's insurers (excluding
self insurance by a Council)

Finally, please provide details of the financial cost of
administering all your complaints systems (including FoI and DP) by
the Executive for 2005/2006, 2006/2007 and 2007/2008 and the number
of staff employed in administering complaints and resolving these
(Full time equivalent staffing levels). Please also provide details
of your total administrative costs for 2005/2006, 2006/2007 and
2007/2008 and the total number of staff employed by your authority,
as well as any pay increase (including increments) made to the
Council's Chief Executive (Head of Paid Service) in pounds sterling
for each of these years. Please additionally identify if the Chief
Executives wages included performance related payments.

If you do not have this reasonably basic management information
related to complaints and/or identify that the costs of accessing
the information requested will be more than £450 please state this
and identify that your Authority does not have either a functioning
or accountable complaints system, and does not maintain any basic
management information related to this issue.

If you have a complaints system not fit for purpose please identify
which political party currently controls your Council, and if this
political party has appointed the current Electoral Registration
and Returning Officer through its control of the Council (with date
of their formal appointment). Please name the current Electoral
Registration and Returning Officer, and identify if they are also
Head of Paid Service, and Clerk to your Authority. Please
additionally provide any documentation maintained by your Local
Authorities Head of Paid Service identifying that they personally
do not believe it to be appropriate for your Council to have a
complaints system that is fit for purpose. This documentation
should be in existence due to the provisions of s4 of the Local
Government Act 1989.

Yours faithfully

Stuart HARDWICKE CARRUTHERS

Maggie Sheriff

Technical Administration Officer

North Dorset District Council

01258 484038

www.north-dorset.gov.uk

_____________________________________________
From: Maggie Sheriff
Sent: 04 September 2008 12:11
To: 'Stuart Hardwicke CARRUTHERS '
Subject: FOI Request

Dear Mr Carruthers

Please find attached the answers to your various FOI requests of 23 August
08 highlighted in red.

Yours sincerely

M J Sheriff (Mrs)

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Dear Maggie Sheriff,

many thanks for your reply. Unfortunately colour does not show up
on the What do they know site. This is to be aware of in case of
future requests. However, I am able to identify your answers.

Clarification is requested on one issue. You identify that the HOPS
was appointed some years ago to the position of ERO and RO, and
that this was by a different Council of elected members. Is this
actually the case ? or have the Councillors failed to meet their
statutory duty and appoint one and reaffirm their appointment. The
Chair of a Council should every year be reaffirmed and agreed to be
the returning officer for Parliamentary elections. It would be very
strange if different procedures were to be used in relation to
local elections, and maintenance of the Electoral Roll. However, i
note that this duty seems to be missing from your Council's
constitution.

possibly this has an effect on your other answers ?

Yours sincerely,

Stuart Hardwicke Carruthers

Dear Mr Carruthers

Further to your e-mail today, the Council's Solicitor has advised that
there is no statutory requirement to reappoint a RO and ERO every year.
The Council simply has to appoint them. Their appointment lasts until
the Council says otherwise. Equally there is no requirement to put this
in the Constitution. There is no reason why we could not record it there
if we chose to do so, but to date, we have not.

I hope this information satisfactorily answers your FOI request.

Yours sincerely
Maggie Sheriff
Technical Administration Officer
North Dorset District Council
01258 484038
www.north-dorset.gov.uk

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Dear Maggie Sheriff,

Many thanks for your reply. I can understand the Council solicitors
point, and expect that they can understand mine. The issue:

is the Council the staff or the elected representatives..

I think you shall agree that there has been a change in elected
representatives.. so consequently it must be a different Council
and they need to appoint an ERO and RO..

Unless which is your solicitors point the Council is not the
elected representatives it is the staff... (and there has not been
a change of these)..

and I doubt that the Cllrs are aware that they have the power to
appoint an RO or an ERO.. particularly if it is not in the
constitution despite it being a statutory requirement.

Could you provide clarification on this issue.. the Solicitor to
the Council's opinion would be welcomed.

Yours sincerely,

Stuart Hardwicke Carruthers

Dear Mr Carruthers

Further to your e-mail yesterday, the Council's Solicitor replies as
follows:

The Council is neither comprised of its councillors nor its officers.
The Council is a corporate entity established by statute. It came into
existence in 1974, by virtue of the Local Government Act 1972 and will
remain so until any subsequent legislation says otherwise. When the
councillors change, the Council does not. Any decision made by Council
will remain valid until Council decides otherwise by resolution. It is
not affected by a change of councillors.

Councillors would be well aware of the appointment of the Chief
Executive as RO and ERO as it would have had to have been reported to
them before they made their decision.

I hope that this satisfactorily concludes the information that you
requested.

Yours sincerely

Maggie Sheriff
Technical Administration Officer
North Dorset District Council
01258 484038
www.north-dorset.gov.uk

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Dear Maggie Sheriff,

Many thanks for your reply.

s2 Local Government Act 1972 states:

Constitution of principal councils in England.

— (1) For every county there shall be a council consisting of a
chairman and councillors and the council shall have all such
functions as are vested in them by this Act or otherwise.

(2) For every district there shall be a council consisting of a
chairman and councillors and the council shall have all such
functions as are vested in them by this Act or otherwise.

[F2(2A) Where a council mentioned in subsection (1) or (2) above
are operating executive arrangements which involve a mayor and
cabinet executive or a mayor and council manager executive, the
council shall consist of an elected mayor, a chairman and
councillors.]

(3) Each council mentioned in subsection (1) or (2) above shall be
a body corporate by the name “The County Council” or “The District
Council”, as the case may be, with the addition of the name of the
particular county or district.

The administrative district does not change, as defined by s1 of
the same act. However, the Council does.

The Councillors are required to appoint and ERO and RO, according
to the Representation of the People Act - I am sure that the
Council Solicitor is aware to ensure that the members and their
constituents receive a duty of care from the Council legal
function.

Possibly the Council Solicitor would like to reconsider.. otherwise
review is requested.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

Dear Mr Carruthers

I have forwarded your request to the Solicitor of the Council who feels
that this is no longer an FOI request but a debate about the law. If
you wish to continue this discussion he has requested that you contact
him directly. His e-mail address is [email address]
Yours sincerely

Maggie Sheriff
Technical Administration Officer
North Dorset District Council
01258 484038
www.north-dorset.gov.uk

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