Information on the Legal justification for postponement of increments

The request was refused by Aberdeen City Council.

James Glennie

Dear Aberdeen City Council,
I would be grateful if you could supply all the information available regarding the legal advice you were given ie. memos,reports, letters both internal and external regarding the postponement of the annual increment due to have been paid to staff on the 1st April 2010.If this information cannot be supplied electronicaly please advise and I will arrange collection of the paper copies from your office.

Yours faithfully,

James Glennie

Foi Enquiries, Aberdeen City Council

Dear Mr Glennie,

Freedom of Information enquiry reference ENQ8673.

Thank you for your request for information under the Freedom of Information (Scotland) Act 2002 received on 10 May 2010, which has been forwarded to the relevant section.

The scheduled date for our response to your request for information is 8 June 2010.

If you have any enquiries meantime please do not hesitate to contact us.

Yours sincerely,

Jean Reid
FOI Compliance Assistant

FoI Enquiries Team
Legal and Democratic Services
Corporate Governance
Aberdeen City Council
Town House
Broad Street
Aberdeen AB10 1AQ
Tel: 01224 522875/523827
Fax: 01224 638556
email: [Aberdeen City Council request email]

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Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Mr Glennie,

Thank you for your information request of 10 May 2010, made under the
Freedom of Information (Scotland) Act 2002 (FOISA). Aberdeen City
Council (ACC) has completed the necessary search for the information
requested, and the following information can be supplied:

I would be grateful if you could supply all the information available
regarding the legal advice you were given ie. memos, reports, letters
both internal and external regarding the postponement of the annual
increment due to have been paid to staff on the 1st April 2010. If this
information cannot be supplied electronically please advise and I will
arrange collection of the paper copies from your office.

We are unfortunately unable to provide you with copies of any and all
legal advice provided to the Council regarding the legal issues
surrounding the proposal to freeze incremental salary increases for
council staff, as it is exempt from disclosure.

In order to comply with its obligations under the terms of section 16
of the FOISA the Council must issue official refusal notices in relation
to any requests for which it is claiming an exemption under the FOISA.
I therefore attach a refusal notice which specifically refuses your
request under the terms of Sections 36(1) (Confidentiality)and 30(b)(ii)
(Prejudice to the effective conduct of public affairs) of the FOISA.

Apologies we cannot help you further with your request

Yours sincerely,

Jean Reid
FOI Compliance Assistant

FURTHER INFORMATION

Aberdeen City Council’s Complaints Procedure under the FOISA

An applicant who is dissatisfied with the way in which Aberdeen City
Council has dealt with his/her request for information under section
1(1) of the FOISA regime, may, by virtue of section 20 of the FOISA,
require Aberdeen City Council to review its actions and/or decisions in
relation to that request.

If you wish Aberdeen City Council to review its actions and/or
decisions with respect to your request for information, you should write
to the City Archivist, Resources Management, Aberdeen City Council, Old
Town House, Broad Street, Aberdeen, AB10 1AQ. The City Archivist will
arrange for your application for review to be considered by the Review
Panel. The Review Panel will write to you informing you of its decision
by not later than twenty working days after receipt of your request
requiring that a review be made. By virtue of section 21 of the FOISA,
the Review Panel will also provide you with a statement of its reasons
for arriving at the decision it has made.

Your request for review should reach Aberdeen City Council by no later
than 4 August 2010. Your request for review must be in writing (or in
another form which has some permanency and is capable of being used for
subsequent reference i.e. audio/video tape recording). You must state
your name and address for correspondence. You must also give details of
the information that you originally requested from Aberdeen City
Council, and must state the reasons why you are dissatisfied with the
way in which your application for information has been dealt with.

Your Right to Complain to the Scottish Information Commissioner

By virtue of Section 47 of the FOISA, a person who is dissatisfied with
a Notice issued by Aberdeen City Council under Section 21 of the FOISA,
may apply to the Scottish Information Commissioner, for a decision as to
whether, in any respect specified in that application, the request for
information under section 1(1) of the FOISA, has been dealt with by
Aberdeen City Council in accordance with Part 1 of the FOISA.

An application to the Scottish Information Commissioner must be made in
writing (or in another form having some permanency ie a video/tape
recording) within six months of receipt of a section 21 Notice by the
applicant. An applicant must state his/her name and address. An
applicant must also specify: -

- the request for information to which the requirement for review by
Aberdeen City Council relate;
- the matter which gives rise to the applicant’s dissatisfaction
pertaining to the applicants request for review;
- the matter which gives rise to the applicant’s dissatisfaction
pertaining to the decision given in the section 21 Notice.

The Scottish Information Commissioner can be contacted at:

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife, KY16 9BS
(Telephone 01334 464610; Fax 01334 464611; Email
[email address])

FoI Enquiries Team
Legal and Democratic Services
Corporate Governance
Aberdeen City Council
Town House
Broad Street
Aberdeen AB10 1AQ
Tel: 01224 522875/523827
Fax: 01224 638556
email: [Aberdeen City Council request email]

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James Glennie

Dear Aberdeen City Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Aberdeen City Council's handling of my FOI request 'Information on the Legal justification for postponement of increments'.

[As a coucil tax payer I feel it is in my interest and the thousands of staff affected by this deciision to know what the elected officials are doing and how they arrived at that decision]

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/in...

Yours faithfully,

James Glennie

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Mr Glennie,

Please find attached acknowledgement of your request for an internal Review.

Yours sincerely,

Jean Reid
FOI Compliance Assistant

FoI Enquiries Team
Legal and Democratic Services
Corporate Governance
Aberdeen City Council
Town House
Broad Street
Aberdeen AB10 1AQ
Tel: 01224 522875/523827
Fax: 01224 638556
email: [Aberdeen City Council request email]

show quoted sections

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Mr Glennie,

Please find attached acknowledgement of your request for an internal Review.

Yours sincerely,

Jean Reid
FOI Compliance Assistant

FoI Enquiries Team
Legal and Democratic Services
Corporate Governance
Aberdeen City Council
Town House
Broad Street
Aberdeen AB10 1AQ
Tel: 01224 522875/523827
Fax: 01224 638556
email: [Aberdeen City Council request email]

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Foi Enquiries, Aberdeen City Council

2 Attachments

Dear Mr Glennie,

Please see Review Panel Outcome Letter and Notice attached.

Yours sincerely,

Jean Reid
FOI Compliance Assistant

FoI Enquiries Team
Legal and Democratic Services
Corporate Governance
Aberdeen City Council
Town House
Broad Street
Aberdeen AB10 1AQ
Tel: 01224 522875/523827
Fax: 01224 638556
email: [Aberdeen City Council request email]

show quoted sections