Dear Sir or Madam,

Sirs

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

Hello Mr Carruthers
Receipt is acknowledged of your FOI request, and it has been passed to
the relevant areas of the council for attention. You will receive a
response within twenty working days from the day of receipt, that is by
the 23 September 2008.
If you have any queries in the meantime, please contact me.
Regards, Barbara Mathews.
--

Barbara Mathews
Information Management and Licensing Officer

Penwith District Council
St Clare
Penzance
TR18 3QW
www.penwith.gov.uk

show quoted sections

Hello Mr Hardwicke Carruthers

Your Freedom of Information request sent on the 24 August 2008 has been
given consideration, and we anticipate that the total amount of staff
time needed to compile all the information you have requested will take
more that 18.5 hours.
As this exceeds the appropriate limit, please advise us if you wish to
continue with your request in its original form and pay £450.00, or
whether you would rather reduce or redefine the request.

Regards, Barbara Mathews.
--

Barbara Mathews
Information Management and Licensing Officer

Penwith District Council
St Clare
Penzance
TR18 3QW
www.penwith.gov.uk

show quoted sections

Dear Barbara Mathews,

Many thanks for your reply. Could you identify the domains that
cause problems.. (this will allow redefinition) and or use
discretion (provide estimates where the costs are high.. and
identify that these are).

Yours sincerely,

Stuart Hardwicke Carruthers

Dear Barbara Mathews,

Could you please identify which issues cause problems (i.e. data is
not readily available this will enable the request to be rephrased)

Yours sincerely,

Stuart Hardwicke Carruthers

Hello Mr Hardwicke Carruthers

Please find the council's monitoring officer Simon Mansell's comments/answers in red inserted in the text of your request.

Regards, Barbara Mathews.

From: Simon Mansell [mailto:[email address]]
Sent: 17 September 2008 15:52
To: 'Barbara Mathews'
Subject: FW: Freedom of Information request - functions council

Barbara

My comments in red below the requests raised by Mr Carruthers.

Simon

show quoted sections

Hello
I have forwarded a reply from our Monitoring Officer Simon Mansell to
you this morning.
Regards, Barbara.

Stuart Hardwicke CARRUTHERS wrote:

show quoted sections

--

Barbara Mathews
Information Management and Licensing Officer

Penwith District Council
St Clare
Penzance
TR18 3QW
www.penwith.gov.uk

show quoted sections