functions council
A Freedom of Information request to Weymouth & Portland Borough Council by Stuart Hardwicke CARRUTHERS
The request was partially successful.
Stuart Hardwicke CARRUTHERS
24 August 2008
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
David Sinclair
Weymouth & Portland Borough Council
26 August 2008
Our Ref: 388/320
Re: Council Functions
Dear Mr Carruthers
Thank you for your Request For Information under the Freedom of Information Act 2000.
As you will be aware, Weymouth & Portland Borough Council has a duty to respond to this request within 20 working days. For the purposes of your request this deadline has been set at 22/09/2008. If, however, we are unable to respond within this time period, we will write to you with an indication of when you can expect us to complete your request.
I would like to take the opportunity to warn you that the council does not tolerate any harassment of our staff and if you continue to use the derisive tone in your request, I will have no option but reject your request under both the Council's Customer Charter ( http://www.weymouth.gov.uk/docstore/acce...) and S14 of the FOIA which allows public authorities not to comply if the request is vexatious. In the ICO guidance note about this section, it states that a request can be refused if, in our opinion, the request "...would impose a significant burden on the public authority in terms of expense or distraction;" and if "...It clearly does not have any serious purpose or value or It is designed to cause disruption or annoyance or It has the effect of harassing the public authority..."
If it's determined that the request will exceed the fees limit, I will write to you to establish what information we can disclose within that limit.
If you have any questions, then please do contact me either on 01305 383000 or by email, [Weymouth & Portland Borough Council request email]
Yours sincerely
David Sinclair
Freedom of Information Officer
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Stuart Hardwicke CARRUTHERS
26 August 2008
Dear David Sinclair,
I am unable to see how I have harrassed anyone - or have mocked any
function of the Weymouth & Portland Council or the institution
itself
The questions are simple, and there will either be records.. or
there will not.
I rather feel that you are adopting a highly defensive attitude to
the Council's record keeping that is your pregorative.
Please simply answer the questions.. or identify that you don't
have the records.
Yours sincerely,
Stuart HARDWICKE CARRUTHERS
David Sinclair
Weymouth & Portland Borough Council
9 September 2008
Dear Mr Carruthers,
Please find attached a response relating to some of your request.
As more information regarding the other parts of the request becomes available, we will send it on to you.
Yours sincerely
David Sinclair
Records Manager
Weymouth & Portland Borough Council, Council Offices, North Quay, Weymouth DT4 8TA
Telephone 01305 838619
Weymouth & Portland - Sailing Venue
2012 London Olympic Games & Paralympic Games
This email has been virus checked.
The contents of this e-mail are intended for the named addressee only.
It contains information which may be confidential and which may also be privileged.
Unless you are the named addressee you may not copy or use it, act in reliance upon it,
or disclose it to anyone else.
Unauthorised use or disclosure may result in legal proceedings. If you have received it
in error please notify us immediately on +44 (0)1305 838000 and then destroy it.
We make every effort to keep our network secure and free from viruses.
However you do need to check this e-mail and any attachments to it for viruses
and accuracy as we can take no responsibility for any viruses, errors or omissions
which are transferred or arise as a result of the transmission of this e-mail.
Any views expressed in this message are those of the individual sender,
except where the sender specifically states them to be the views of
Weymouth & Portland Borough Council.
Stuart Hardwicke CARRUTHERS
9 September 2008
Dear David Sinclair,
Many thanks for your response, I look forward to receiving the
additional information.
As far as I am aware the position of both Electoral Registration
Officer and Electoral Returning Officer (s) are statutory
appointments, and have to be made by each Council. I don't think
that the Electoral Service Manager is a statutory appointment ?
Doubtless you will correct this and/or confirm I am mistaken when
providing the rest of the information requested.
Yours sincerely,
Stuart Hardwicke Carruthers
David Sinclair
Weymouth & Portland Borough Council
18 September 2008
Dear Mr Carruthers,
Please find attached our final response to your request with regards to the above. If you think we have missed anything, then please do let me know.
Yours sincerely,
David Sinclair
Records Manager
Weymouth & Portland Borough Council, Council Offices, North Quay, Weymouth DT4 8TA
Telephone 01305 838619
Weymouth & Portland - Sailing Venue
2012 London Olympic Games & Paralympic Games
David Sinclair
Weymouth & Portland Borough Council
18 September 2008
Dear Mr Carruthers,
My apologies but I also meant to attach a copy of the Management Committee's decision vis-a-vis the appointment of the Borough's Returning Officer.
With thanks,
David Sinclair
Records Manager
Weymouth & Portland Borough Council, Council Offices, North Quay, Weymouth DT4 8TA
Telephone 01305 838619
Weymouth & Portland - Sailing Venue
2012 London Olympic Games & Paralympic Games
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