Underwriting the legal costs of individual officers.

Dear Sir/Madam,

Thank you for your request for information regarding legal costs, which
was received on 2nd June, 2009 and is being dealt with under the Freedom
of Information Act 2000. We are therefore required to provide you with
a response within 20 working days, which will be on or before 30th June,
2009.

If we require any clarification or further details, we will contact you
as soon as possible.

In the meantime, if you have any queries, please do not hesitate to
contact me, remembering to quote the reference number above in any
communications.

Yours faithfully

John Tillman
Swyddog Gwybodaeth a Diogelu Data
Adran y Prif Weithredwr
Cyngor Sir Gaerfyrddin

Information & Data Protection Officer
Chief Executive's Department
Carmarthenshire County Council

Tel: (01267) 246108
Mewnol/Internal: 6108
Ffacs/Fax: (01267) 246134

show quoted sections

Dear Sir/Madam,

I refer to your request for information regarding legal costs, which was
received on 2nd June, 2009 and has been dealt with under the Freedom of
Information Act 2000.

I will respond to your request in the order it was presented using
numbered points as headings for ease of reference.

1. A copy of the council's policy documentation which allows senior
officers delegated power to use taxpayers money to instigate defamation
proceedings on behalf of officers rather than the individual officers
bearing the costs.

Council officers cannot use public money to instigate defamation
proceedings, therefore no such policy is held.

2. I would also like to know how many times over the last five years the
council has used this policy and how much this policy has cost local
taxpayers in each instance.

Nil. As above, no such policy exists.

3. I would also like to know what the council policy is regarding the
recovery of costs should the council supported officer lose the defamation
proceedings.

As above, the Council has not, and does not support officers in any
defamation proceedings.

The Council's policy was set at a County Council meeting held on 11^th
October, 2006 when it approved a standard form of indemnity to members and
officers similar to that adopted by other Welsh Councils. That indemnity
provides that the Council will not cover the cost of instituting
defamation claims.

The report and minutes of the Council meeting, together with the
appropriate officer delegations can be found on the Council's website at
[1]www.carmarthenshire.gov.uk.

This information is therefore exempt from disclosure under Section 21 of
FOIA, as the information is reasonably accessible to you otherwise than
under Section 1 of the Act.

This email therefore constitutes a formal notice of refusal under Section
17 of the Act.

As a matter of general comment, there is some case law which suggests that
despite the above there may be circumstances when it will be reasonable
for a Council to fund its officers or members to bring defamation
proceedings, but they would need to be exceptional circumstances. That is
a statement of law, however, not Council policy. The Council has not
subsidised any of its officers or members to bring defamation proceedings.

If you disagree with the way in which your request has been dealt with,
you have the right to complain in the first instance to:

The Head of Administration & Law
Carmarthenshire County Council
County Hall
Carmarthen
SA31 1JP

Email: [email address]

If you remain unhappy with any subsequent decision, you have the right to
appeal to the Information Commissioner to rule on your complaint. You may
write to him at:

Information Commissioner
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

If I can be of further assistance please do not hesitate to contact me.

Yours faithfully

John Tillman
Swyddog Gwybodaeth a Diogelu Data
Adran y Prif Weithredwr
Cyngor Sir Gaerfyrddin

Information & Data Protection Officer
Chief Executive's Department
Carmarthenshire County Council

Tel: (01267) 246108
Mewnol/Internal: 6108
Ffacs/Fax: (01267) 246134

Mae*r e-bost hwn ac unrhyw atodiadau yn gyfrinachol ac wedi*u bwriadu at
ddefnydd yr unigolyn y*u cyfeiriwyd ato/ati yn unig. Os derbyniwch y neges
hon trwy gamgymeriad, rhowch wybod i*r sawl a*i hanfonodd ar unwaith,
dil*wch y neges o*ch cyfrifiadur a dinistriwch unrhyw gop*au papur ohoni.
Ni ddylech ddangos yr e-bost i unrhyw un arall, na gweithredu ar sail y
cynnwys. Eiddo*r awdur yw unrhyw farn neu safbwynt a fynegir, ac nid ydynt
o reidrwydd yn cynrychioli safbwynt y Cyngor. Dylech wirio am firysau eich
hunan cyn agor unrhyw atodiad. Nid ydym yn derbyn unrhyw atebolrwydd am
golled neu niwed a all fod wedi*i achosi gan firysau meddalwedd neu trwy
ryng-gipio*r neges hon neu ymyrryd * hi.

This e-mail and any attachments are confidential and intended solely for
the use of the individual to whom it is addressed. If received in error
please notify the sender immediately, delete the message from your
computer and destroy any hard copies. The e-mail should not be disclosed
to any other person, nor the contents acted upon. Any views or opinions
expressed are those of the author and do not necessarily represent those
of the Council. You should carry out your own virus check before opening
any attachment. We accept no liability for any loss or damage which may be
caused by software viruses or interception/interruption of this mail.

References

Visible links
1. file://www.carmarthenshire.gov.uk

Dear Sir/Madam,

I refer to your request for information regarding legal costs, which was
received on 2nd June, 2009 and has been dealt with under the Freedom of
Information Act 2000.

I will respond to your request in the order it was presented using
numbered points as headings for ease of reference.

1. A copy of the council's policy documentation which allows senior
officers delegated power to use taxpayers money to instigate defamation
proceedings on behalf of officers rather than the individual officers
bearing the costs.

Council officers cannot use public money to instigate defamation
proceedings, therefore no such policy is held.

2. I would also like to know how many times over the last five years the
council has used this policy and how much this policy has cost local
taxpayers in each instance.

Nil. As above, no such policy exists.

3. I would also like to know what the council policy is regarding the
recovery of costs should the council supported officer lose the defamation
proceedings.

As above, the Council has not, and does not support officers in any
defamation proceedings.

The Council's policy was set at a County Council meeting held on 11^th
October, 2006 when it approved a standard form of indemnity to members and
officers similar to that adopted by other Welsh Councils. That indemnity
provides that the Council will not cover the cost of instituting
defamation claims.

The report and minutes of the Council meeting, together with the
appropriate officer delegations can be found on the Council's website at
[1]www.carmarthenshire.gov.uk.

This information is therefore exempt from disclosure under Section 21 of
FOIA, as the information is reasonably accessible to you otherwise than
under Section 1 of the Act.

This email therefore constitutes a formal notice of refusal under Section
17 of the Act.

As a matter of general comment, there is some case law which suggests that
despite the above there may be circumstances when it will be reasonable
for a Council to fund its officers or members to bring defamation
proceedings, but they would need to be exceptional circumstances. That is
a statement of law, however, not Council policy. The Council has not
subsidised any of its officers or members to bring defamation proceedings.

If you disagree with the way in which your request has been dealt with,
you have the right to complain in the first instance to:

The Head of Administration & Law
Carmarthenshire County Council
County Hall
Carmarthen
SA31 1JP

Email: [email address]

If you remain unhappy with any subsequent decision, you have the right to
appeal to the Information Commissioner to rule on your complaint. You may
write to him at:

Information Commissioner
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

If I can be of further assistance please do not hesitate to contact me.

Yours faithfully

John Tillman
Swyddog Gwybodaeth a Diogelu Data
Adran y Prif Weithredwr
Cyngor Sir Gaerfyrddin

Information & Data Protection Officer
Chief Executive's Department
Carmarthenshire County Council

Tel: (01267) 246108
Mewnol/Internal: 6108
Ffacs/Fax: (01267) 246134

Mae*r e-bost hwn ac unrhyw atodiadau yn gyfrinachol ac wedi*u bwriadu at
ddefnydd yr unigolyn y*u cyfeiriwyd ato/ati yn unig. Os derbyniwch y neges
hon trwy gamgymeriad, rhowch wybod i*r sawl a*i hanfonodd ar unwaith,
dil*wch y neges o*ch cyfrifiadur a dinistriwch unrhyw gop*au papur ohoni.
Ni ddylech ddangos yr e-bost i unrhyw un arall, na gweithredu ar sail y
cynnwys. Eiddo*r awdur yw unrhyw farn neu safbwynt a fynegir, ac nid ydynt
o reidrwydd yn cynrychioli safbwynt y Cyngor. Dylech wirio am firysau eich
hunan cyn agor unrhyw atodiad. Nid ydym yn derbyn unrhyw atebolrwydd am
golled neu niwed a all fod wedi*i achosi gan firysau meddalwedd neu trwy
ryng-gipio*r neges hon neu ymyrryd * hi.

This e-mail and any attachments are confidential and intended solely for
the use of the individual to whom it is addressed. If received in error
please notify the sender immediately, delete the message from your
computer and destroy any hard copies. The e-mail should not be disclosed
to any other person, nor the contents acted upon. Any views or opinions
expressed are those of the author and do not necessarily represent those
of the Council. You should carry out your own virus check before opening
any attachment. We accept no liability for any loss or damage which may be
caused by software viruses or interception/interruption of this mail.

References

Visible links
1. file://www.carmarthenshire.gov.uk