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Giving Jobs on Salary of around £100,000 per year without advertising the Jobs.

Luqman Khan made this Freedom of Information request to Birmingham City Council

Response to this request is long overdue. By law, under all circumstances, Birmingham City Council should have responded by now (details). You can complain by requesting an internal review.

From: Luqman Khan

8 December 2009

Dear Birmingham City Council,

I understand that Birmingham City Council (BCC) has given permanent
jobs to a number of very senior managers who were previously acting
up on temporary basis in those jobs. And that these senior managers
have been given the permanent senior managers jobs without
advertising the jobs. And that these jobs salaries are around
£100,000 or over £100,000 per year.

There are race, sex and disability equality laws about giving jobs
to people in the public sector without advertising the jobs.

Please can BCC inform me for the last five years how many Jobs have
been given to people in BCC at a salary of above £65,000 per year
without advertising the jobs. Please give the title of each job,
the salary per year of each job, the date each job was given, the
racial origin, the gender and disability of each person given the
job. The statutory public duties require BCC to have the equality
information.

Please give the names of the persons who approved given jobs to
each of these people without advertising the job.

Yours faithfully,

Luqman Khan

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From: Luqman Khan

18 January 2010

Dear Birmingham City Council,

Birmingham City Council (BCC) has not responded and has not
provided the information I requested in my FOI request of 8
December 2009.

BCC is breaking the Law.

Senior managers and senior Councillors are in contempt of the law.
Consequently I am contemplating requesting BCC senior managers and
senior Councillors to be prosecuted accordingly.

It appears that BCC senior managers and senior Councillors have got
something to hide by not meeting my FOI request.

There is a possibility that BCC have given jobs to a number of
people without advertising the jobs and if this is the case there
could be abuse of the worst kind and this could be for personal
gains , including personal gains to exercise undue influence over
the persons to whom the jobs have been given and personal financial
gains by those who got the jobs.

My FOI request concerns very serious issues of potential abuse of
power and potential abuse of public finances.

I am giving BCC two more weeks to provide the information in my FOI
request of 8 December 2009.

Yours faithfully,

Luqman Khan

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Birmingham City Council

18 January 2010

Dear Mr Khan

We have contacted the Directorate handling this request for an update, we
are sorry for the delay. As soon as we have a response we will forward this
to you as soon as possible.

regards

Corporate Information Governance Team

Luqman Khan
<request-24373-a3
e6b12a@whatdothey To
know.com> FOI requests at Birmingham City
Council
18/01/2010 08:57 <[Birmingham City Council request email]>
cc

Subject
Re: Freedom of Information request
- Giving Jobs on Salary of around
£100,000 per year without
advertising the Jobs.

Dear Birmingham City Council,

Birmingham City Council (BCC) has not responded and has not
provided the information I requested in my FOI request of 8
December 2009.

BCC is breaking the Law.

Senior managers and senior Councillors are in contempt of the law.
Consequently I am contemplating requesting BCC senior managers and
senior Councillors to be prosecuted accordingly.

It appears that BCC senior managers and senior Councillors have got
something to hide by not meeting my FOI request.

There is a possibility that BCC have given jobs to a number of
people without advertising the jobs and if this is the case there
could be abuse of the worst kind and this could be for personal
gains , including personal gains to exercise undue influence over
the persons to whom the jobs have been given and personal financial
gains by those who got the jobs.

My FOI request concerns very serious issues of potential abuse of
power and potential abuse of public finances.

I am giving BCC two more weeks to provide the information in my FOI
request of 8 December 2009.

Yours faithfully,

Luqman Khan

show quoted sections

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From: Dawanna Campbell
Birmingham City Council

27 January 2010


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Our Ref: FOI 3645

Luqman Khan
Via Email to [FOI #24373 email]

27th January 2010

Dear Mr Khan

Freedom of Information Act 2000 *** Request for Information
We are writing in respect of your recent enquiry for information
regarding:

Please can BCC inform me for the last five years how many Jobs have been
given to people in BCC at a salary of above **65,000 per year without
advertising the jobs. Please give the title of each job, the salary per
year of each job, the date each job was given, the racial origin, the
gender and disability of each person given the job. The statutory public
duties require BCC to have the equality information.

Please give the names of the persons who approved given jobs to each of
these people without advertising the job.

Answer:

We have been informed by senior officers that over the last 5 years, all
posts over **65k have been subject to an approved recruitment and
selection process.

In relation to the other parts of your request, I trust that you are aware
that the information you requested is sensitive personal data, i.e. the
racial origin, the gender and disability of each person given the job, and
as such, falls under the exemption under s.40 of the Freedom of
Information Act 1998.

If you are not satisfied with the response you may ask for an internal
review please contact the corporate team at the address below:

Corporate Information Governance Team
1st Floor, 1 Lancaster Circus
Birmingham
B4 7AB
or
[email address]

If subsequently you are not satisfied with the Council***s decision you
may apply to the Information Commissioner for a decision. Generally, the
ICO cannot make a decision unless you have exhausted the complaints
procedure provided by the Council. The Information Commissioner can be
contacted at the following address:

The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone: 01625 545745
Web Address: www.ico.gov.uk

Yours sincerely

Dawanna Campbell
Human Resources
Corporate Human Resources

Telephone *** 0121 675 6344

Re use of Public Sector Information
The information provided is subject to Birmingham City Council copyright,
however, it may be re-used for personal, educational or non-commercial
purposes without further reference to the City Council. If the re-use is
for other purposes, such as commercial re-use, you should notify the City
Council in writing to seek approval or agree terms for re-use. Where
Birmingham City Council does not hold the copyright, it has indicated the
copyright holder. Permission for re-use should be sought from them
directly.

show quoted sections

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From: Luqman Khan

7 February 2010

Dear Dawanna Campbell,

1) I refer to BCC response of 27 January 2010 in response to my FOI
request to Birmingham City Council (BCC) on 8 December 2009.

2) Initially BCC failed to response at all within FOI deadline. BCC
broke the Law.

3) I then reminded BCC on 18 January 2010 that it had failed to
respond and Broke the law.

4) BCC has now responded on 27 January 2010 with complete contempt.
BCC has not answered my FOI request but instead has responded to
totally different question.

5) I did not request whether or not over the last 5 years, all
posts over £65k have been subject to an approved recruitment and
selection process.

6) For all its worth BCC approved recruitment and selection process
used for these post could be unlawful and unworthy of what public
would expect and unworthy in public opinion.

7) My FOI requested was and still is - Please can BCC inform me for
the last five years how many Jobs have been given to people in BCC
at a salary of above £65,000 per year without advertising the jobs

8) Please note above the words “without advertising the jobs”.

9) Also please provide what date the post of Corporate Director of
Governance was created. What date was it advertised. Names of the
Media it was advertised in. How many people applied for the job.
What is the salary range of the post.

10) Also please provide what date the post of Corporate Director of
Human Resources was created. What date was it advertised. Names of
the Media it was advertised in. How many people applied for the
job. What is the salary range of the post.

11) Also please provide what date the post of Corporate Director of
Human Resources and Equalities was created. What date was it
advertised. Names of the Media it was advertised in. How many
people applied for the job. What is the salary range of the post.

12) Also please provide what date the post of Strategic Director,
Housing & Constituencies was created. What date was it advertised.
Names of the Media it was advertised in. How many people applied
for the job. What is the salary range of the post.

13) Also please provide what date the post of Director/Head of
Resilience was created. What date was it advertised. Names of the
Media it was advertised in. How many people applied for the job.
What is the salary range of the post.

14) Also please provide what date the post of Director of Policy &
Performance was created. What date was it advertised. Names of the
Media it was advertised in. How many people applied for the job.
What is the salary range of the post.

15) Also please provide the racial origin, the gender and
disability in aggregated numbers of all the people who were given
jobs over £65,000 annual salary in the last five years without
advertising the jobs. This information requested is aggregate and
therefore is not sensitive personal data. The statutory public
duties require BCC to have the equality information. Please note
that I will give example of the posts in this category in the event
that Birmingham fails once again to answer this question
completely. It is not good for BCC to be repeatedly in contempt of
failing to comply with the FOI law.

16) BCC has already taken 60 days to respond inadequately and with
contempt for the FOI law. BCC Chief Executive would and should be
aware of BCC failure and contempt to comply with this FOI request.
I assume BCC Chief Executive is aware.

17) I would appreciate receiving the information within one week.

Yours sincerely,

Luqman Khan

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