Paul Carter Conservative KCC Leader / PA 'personal assistant'

Dear R Soles

Thank you for your email.

I acknowledge your request for information under the Freedom of
Information Act 2000. Assuming we hold this information, I will endeavour
to supply the data to you as soon as possible but no later than 12th June
2009 (20 working days from date of receipt).

I will advise you as soon as possible if we do not hold this information
or if there are exemptions to be considered and/or any costs for providing
the information. Please quote our reference - FOI/09/532 - in any
communication regarding this particular request.

Best regards
Corporate Access to Information Team, Chief Executive's Department
Kent County Council, Legal & Democratic Services, Room 1.94, Sessions
House, County Hall, Maidstone. ME14 1XQ.
Tel: 01622 696265 or 01622 694261 - Fax: 01622 694383
[1]http://www.kent.gov.uk/council-and-democ...

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Dear R Soles

Thank you for your request for information.

1) The prospective Conservative Party County Council Candidate for the
Maidstone Rural East division is not the Leader of Kent County
Council's former or current PA. The prospective Conservative County
Council Candidate for the Maidstone Rural East division
is the Leader's former Staff Officer, Jenny Whittle.

2) Jenny Whittle was employed by KCC from August 2005 until January 2009.
Her initial role was as Staff Officer to the Cabinet Members for
Education, when Mr Carter was one of those Cabinet Members, and she
subsequently became the Leader's Staff Officer, three months after Mr
Carter was elected to that post. She resigned from KCC less than
24 hours after becoming the Candidate, following the legal requirements
as contained in the County Council's constitution.

3) Jenny Whittle left the employment of KCC on 27 January 2009.

Further information about the forthcoming County Council elections is
available from KCC's website
[1]http://www.kent.gov.uk/council-and-democ...

If you are unhappy with this response, and believe KCC has not complied
with legislation, please ask for a review by following our complaints
process; details can be found at this link
[2]http://www.kent.gov.uk/council-and-democ...
on our website. Please quote reference FOI/09/532.

If you still remain dissatisfied following an internal review, you can
appeal to the Information Commissioner, who oversees compliance with the
Freedom of Information Act 2000. Details of what you need to do, should
you wish to pursue this course of action, are available from the
Information Commissioner's website
[3]http://www.ico.gov.uk/complaints/freedom...

Best regards

Corporate Access to Information Team, Chief Executive's Department
Kent County Council, Legal & Democratic Services, Room 1.94, Sessions
House, County Hall, Maidstone. ME14 1XQ.
Tel: 01622 696265 or 01622 694261 - Fax: 01622 694383
[4]http://www.kent.gov.uk/council-and-democ...

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Dear R Soles

Thank you for your request for information.

Kent County Council's Constitution (Appendix 6 Part 2: Officers Code of
Conduct) states:-

D. Political Neutrality

1. Employees serve the Council as a whole. It follows they must serve
all elected Members and not just those of the controlling group and must
ensure the individual rights of all elected Members are respected.
2. You may be in a post in which you advise political groups. If you do,
you must act with political neutrality. Whilst you may have your own
political opinions, you must avoid carrying out your duties in a way
which reveals your political affiliation.
3. All officers earning above a set salary (aligned to NJC spinal column
point 44) and other officers who regularly advise Members are
politically restricted by law. Advice on this can be obtained from KCC
Secretariat which also holds a list of restricted posts.
4. You must seek legal advice if you wish to stand for election as a
Councillor for KCC or any other local authority as it could impact upon
your employment. Whilst it is not legally possible to continue to work
for KCC if you are elected as a KCC Councillor you may be able to serve
public office for other organisations, including other councils. You
should obtain advice from the political party for which you are standing
to ensure there is no conflict of interest and your political alliance
does not compromise your working life.
5. If you are involved in politics in your private time, you must not
carry out any political activity which might lead the public to think
you are acting in your capacity as a KCC employee. It is particularly
important, if you are a Member with another council, to keep your two
roles separate and not use confidential information obtained in one
capacity in the other.

In addition the Local Government Act 1972 section 80 states:

(LGA 1972) Section 80 - Disqualification for election and holding office
as member of local authority

(1) Subject to the provisions of section 81 below, a person shall be
disqualified from being elected or being a member of a local authority
if he -
(a) holds any paid office or employment (other than the office of
chairman, vice-chairman or deputy chairman or, in the case of a
local authority which are operating executive arrangements which involve
a leader and cabinet executive, the office of
executive leader or member of the executive) appointments or elections
to which are or may be made or confirmed by the
local authority or any committee or sub-committee of the authority or by
a joint committee on which the authority are
represented or by any person holding any such office or employment; or

Ms Whittle was selected as candidate on the evening of 15th January and
handed in her resignation immediately on arriving at work on the morning
of 16th January, leaving the premises after she had done so. She did not
return. Her contract was formally terminated on 26th January.

Paul Carter did not provide any reference in his capacity as Leader of
Kent County Council.

The Council would like to forewarn you that future requests for
information will only be considered following proof that you are using
your real name which is necessary requirement under section 8 of the
Freedom of Information Act 2000 for a request to be considered valid.
Please see the recent guidance issued by the Information Commissioner
[1]http://www.ico.gov.uk/upload/documents/l...
[2]http://www.ico.gov.uk/upload/documents/p...

If you are unhappy with this response, and believe KCC has not complied
with legislation, please ask for a review by following our complaints
process; details can be found at this link
[3]http://www.kent.gov.uk/council-and-democ...
on our website. Please quote reference FOI/09/597.

If you still remain dissatisfied following an internal review, you can
appeal to the Information Commissioner, who oversees compliance with the
Freedom of Information Act 2000. Details of what you need to do, should
you wish to pursue this course of action, are available from the
Information Commissioner's website
[4]http://www.ico.gov.uk/complaints/freedom...

Best regards

Corporate Access to Information Team, Chief Executive's Department
Kent County Council, Legal & Democratic Services, Room 1.94, Sessions
House, County Hall, Maidstone. ME14 1XQ.
Tel: 01622 696265 or 01622 694261 - Fax: 01622 694383
[5]http://www.kent.gov.uk/council-and-democ...

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