mayor Starkie

Ann Wilson made this Freedom of Information request to Copeland Borough Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

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

Dear Copeland Borough Council,

Can you please supply the following information

1. Copies of correspondence relating to the Mayor's failure to register his wife's employment with Grizedales within the period of 28 days from his appointment as Mayor as required by law.
2. Copies of any written advice given to the Mayor setting out why he did not need to enter in his register of interests details of his membership of various companies that he had been nominated to by the Council but which was required by box 8 of your standard registration form. Andrew Clark seems to claim that such correspondence exists.
3. Copies of any documents setting out the reasons why the Council, or any of its officers, decided not to refer the Mayor to the Police for an apparent breach of s34 of the Localism Act 2011 over his failure to register details of his wife's employment with Grizedales within the 28 day period prescribed by law.
4. The date that the document setting out the Mayor's register of interests and on your website here http://copeland.moderngov.co.uk/mgConver... was created. It is dated the 19th May 2015 but I understand that the original of that date (which I have been passed) was amended during 2016 by the addition of the Mayor's wife's employment and then posted up on your website to appear that that information had actually been registered during the statutory 28 day period from the date he became Mayor.
5. Copies of any correspondence relating to the possible effect of ss.1 - 4 of the Forgery and Counterfeiting Act 1981 on the creation and/or copying and/or use of the document now on the Mayors link to his register of interests falsely indicating that it was created on the 19th May 2015. I appreciate that any legal advice would be exempt from disclosure.
6. Details of any meetings of the Council the Mayor has attended where there was under discussion any of the companies or their proposals for which he is a Director but where he did not declare an interest but remained and joined in the discussion
7. Details of any declarations of Interest he made at meetings where any matter relating to a company of which he is a Director was under discussion but where he did not then subsequently register that interest.

Yours faithfully,

Ann Wilson

info@copeland.gov.uk, Copeland Borough Council

Hello [FOI #491602 email],
You've contacted us outside our regular hours of operation.
Please expect a response during our regular business hours.

Thank you.

Copeland - the best place to live in Cumbria This email is confidential
and is for the attention of the addressee only. Copeland Borough Council
accept no responsibility for information, errors or omissions contained in
it. We make every effort to keep our network free from viruses. You should
independently check this e-mail and any attachments for viruses, as we can
take no responsibility for any computer viruses that might be transferred
by way of this e-mail.

Copeland Borough Council

1 Attachment

Dear Ms Wilson
 
Thank you for your Freedom of Information Request.  Your request for
information has been forwarded on to our Freedom of Information Officer,
who will respond to your request as soon as possible, and not later than
20 days after receiving your request.
 
Yours sincerely,
 

Customer Service Officer

Copeland Direct

Copeland Borough Council 

Copeland Borough Council, Market Hall, Market Place, Whitehaven, CA28
7JG. Tel: 01946 598300. Fax: 01946
598303. [1]www.copeland.gov.uk, [2][Copeland Borough Council request email]

 



Working to improve lives, communities and the prosperity of Copeland

 

--------------------------------------------------------------------------

From: Ann Wilson <[FOI #491602 email]>
Date: Sunday, 17 June 2018, 09:22:56
To: FOI requests at Copeland Borough Council <[Copeland Borough Council request email]>
Subject: Freedom of Information request - mayor Starkie
Dear Copeland Borough Council,

Can you please supply the following information

1. Copies of correspondence relating to the Mayor's failure to register
his wife's employment with Grizedales within the period of 28 days from
his appointment as Mayor as required by law.
2. Copies of any written advice given to the Mayor setting out why he did
not need to enter in his register of interests details of his membership
of various companies that he had been nominated to by the Council but
which was required by box 8 of your standard registration form. Andrew
Clark seems to claim that such correspondence exists.
3. Copies of any documents setting out the reasons why the Council, or any
of its officers, decided not to refer the Mayor to the Police for an
apparent breach of s34 of the Localism Act 2011 over his failure to
register details of his wife's employment with Grizedales within the 28
day period prescribed by law.
4. The date that the document setting out the Mayor's register of
interests and on your website here
https://emea01.safelinks.protection.outl...
was created. It is dated the 19th May 2015 but I understand that the
original of that date (which I have been passed) was amended during 2016
by the addition of the Mayor's wife's employment and then posted up on
your website to appear that that information had actually been registered
during the statutory 28 day period from the date he became Mayor.
5. Copies of any correspondence relating to the possible effect of ss.1 -
4 of the Forgery and Counterfeiting Act 1981 on the creation and/or
copying and/or use of the document now on the Mayors link to his register
of interests falsely indicating that it was created on the 19th May 2015.
I appreciate that any legal advice would be exempt from disclosure.
6. Details of any meetings of the Council the Mayor has attended where
there was under discussion any of the companies or their proposals for
which he is a Director but where he did not declare an interest but
remained and joined in the discussion
7. Details of any declarations of Interest he made at meetings where any
matter relating to a company of which he is a Director was under
discussion but where he did not then subsequently register that interest.

Yours faithfully,

Ann Wilson

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #491602 email]

Is [Copeland Borough Council request email] the wrong address for Freedom of Information
requests to Copeland Borough Council? If so, please contact us using this
form:
https://emea01.safelinks.protection.outl...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
https://emea01.safelinks.protection.outl...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
https://emea01.safelinks.protection.outl...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

Dear Copeland Borough Council,

As an additional request to my original.........

8. Please supply a copy of the correspondence to all Councillors requiring that they get their declarations of interest up to date. I believe that this was issued during the second half of 2016.

Yours faithfully,

Ann Wilson

info@copeland.gov.uk, Copeland Borough Council

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

Hello [FOI #491602 email],

Thank you for your email. We have received your message and it is being
handled by one of our Customer Service Officers. Please expect a reply
shortly.

 

Thank you.

 

Copeland Borough Council, Market Hall, Market Place, Whitehaven, CA28 7JG.
Tel: 01946 598300. Fax: 01946 598303. [5]www.copeland.gov.uk,
[6][Copeland Borough Council request email] 

Working to improve lives, communities and the prosperity of Copeland

 

[7]Description: Description: Description: Description: Description:
cid:image001.png@01CE1E63.A016AFC0

Working to improve lives, communities and the prosperity of Copeland

 

 

 

Copeland - the best place to live in Cumbria This email is confidential
and is for the attention of the addressee only. Copeland Borough Council
accept no responsibility for information, errors or omissions contained in
it. We make every effort to keep our network free from viruses. You should
independently check this e-mail and any attachments for viruses, as we can
take no responsibility for any computer viruses that might be transferred
by way of this e-mail.

References

Visible links
1. file:///tmp/cid:filelist.xml@01D39395.A37EC240
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. http://www.copeland.gov.uk/
6. mailto:[Copeland Borough Council request email]

Copeland Borough Council

1 Attachment

Dear Ms Wilson,
 
Thank you for your Freedom of Information Request.  Your request for
information has been forwarded on to our Freedom of Information Officer,
who will respond to your request as soon as possible, and not later than
20 days after receiving your request.
 
Yours sincerely,
 

Customer Service Officer

Copeland Direct

Copeland Borough Council 

Copeland Borough Council, Market Hall, Market Place, Whitehaven, CA28
7JG. Tel: 01946 598300. Fax: 01946
598303. [1]www.copeland.gov.uk, [2][Copeland Borough Council request email]

 



Working to improve lives, communities and the prosperity of Copeland

 

--------------------------------------------------------------------------

From: Ann Wilson <[FOI #491602 email]>
Date: Monday, 18 June 2018, 10:04:14
To: FOI requests at Copeland Borough Council <[Copeland Borough Council request email]>
Subject: RE: Freedom of Information request - mayor Starkie
Dear Copeland Borough Council,

As an additional request to my original.........

8. Please supply a copy of the correspondence to all Councillors requiring
that they get their declarations of interest up to date. I believe that
this was issued during the second half of 2016.

Yours faithfully,

Ann Wilson

show quoted sections

Dear Copeland Borough Council,

Sorry its getting a bit messy but I have another enquiry

9. Mr Starkie is a Trustee of Cumbria Community Foundation which is a charity. He joined in 28th July 2016
a. Should he also have put that in his register of interests when the document on your web site was created in 2016 or was the July date after that document was created?
b. When all Councillors were asked to ensure that their registers were up to date during 2016 should his membership of this charity have been included as box 9 seems to apply?
10. Should his membership of Copeland Community Fund also come within box 8?

Yours faithfully,

Ann Wilson

info@copeland.gov.uk, Copeland Borough Council

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

Hello [FOI #491602 email],

Thank you for your email. We have received your message and it is being
handled by one of our Customer Service Officers. Please expect a reply
shortly.

 

Thank you.

 

Copeland Borough Council, Market Hall, Market Place, Whitehaven, CA28 7JG.
Tel: 01946 598300. Fax: 01946 598303. [5]www.copeland.gov.uk,
[6][Copeland Borough Council request email] 

Working to improve lives, communities and the prosperity of Copeland

 

[7]Description: Description: Description: Description: Description:
cid:image001.png@01CE1E63.A016AFC0

Working to improve lives, communities and the prosperity of Copeland

 

 

 

Copeland - the best place to live in Cumbria This email is confidential
and is for the attention of the addressee only. Copeland Borough Council
accept no responsibility for information, errors or omissions contained in
it. We make every effort to keep our network free from viruses. You should
independently check this e-mail and any attachments for viruses, as we can
take no responsibility for any computer viruses that might be transferred
by way of this e-mail.

References

Visible links
1. file:///tmp/cid:filelist.xml@01D39395.A37EC240
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. http://www.copeland.gov.uk/
6. mailto:[Copeland Borough Council request email]

Copeland Borough Council

1 Attachment

Good Morning, 

Thank you for your email. 

I have passed your email to the Freedom of Information Officer, who shall
contact you within the specific time frame. 

Kindest Regards

Kathryn


Customer Service Officer

Copeland Direct

Copeland Borough Council 

Copeland Borough Council, Market Hall, Market Place, Whitehaven, CA28
7JG. Tel: 01946 598300. Fax: 01946
598303. [1]www.copeland.gov.uk, [2][Copeland Borough Council request email]

 



Working to improve lives, communities and the prosperity of Copeland

 

--------------------------------------------------------------------------

From: Ann Wilson <[FOI #491602 email]>
Date: Monday, June 18, 2018, 11:41:09 AM
To: FOI requests at Copeland Borough Council <[Copeland Borough Council request email]>
Subject: RE: Freedom of Information request - mayor Starkie
Dear Copeland Borough Council,

Sorry its getting a bit messy but I have another enquiry

9. Mr Starkie is a Trustee of Cumbria Community Foundation which is a
charity. He joined in 28th July 2016
a. Should he also have put that in his register of interests when the
document on your web site was created in 2016 or was the July date after
that document was created?
b. When all Councillors were asked to ensure that their registers were up
to date during 2016 should his membership of this charity have been
included as box 9 seems to apply?
10. Should his membership of Copeland Community Fund also come within box
8?

Yours faithfully,

Ann Wilson

show quoted sections

Clifford Walker, Copeland Borough Council

1 Attachment

Dear Madam,

 

The Freedom of Information Act is a piece of legislation which quite
rightly opens up public authorities to greater scrutiny and
accountability. Under the provision of the Act an authority must process a
request in writing from a named applicant under the terms and conditions
of the legislation. Whilst giving maximum support to individuals genuinely
seeking to exercise the right to know, the Commissioner's general approach
will be sympathetic towards authorities where requests can be
characterised as being vexatious. Section 14(1) is designed to protect
public authorities by allowing them to refuse any requests which are
believed not to be from the named applicant.

Therefore with regard to this request we are including a warning under
Section 14(1) (Vexatious Request) of the Freedom of Information Act that
this and any future requests may attract this exemption.

I believe you may be using a pseudonym and are in effect not who you state
you are.

In order to avoid attracting this exemption, I will require you to provide
some form of identification to enable me to establish that you are who you
say you are before I can consider processing this and any other requests
any further.

Acceptable identification could be a driving license, utility bill or
something similar that establishes your full name, date of birth and
address with photo ID. An original copy of the proof of identity document
should be sent to the below address, or produced in person.

I will place this request 7469/18, including your two additional requests,
on hold pending receipt of identification from you. Please note that if no
identification is received within 20 working days, the request will be
withdrawn.

 

Regards,

 

 

Cliff Walker

Information Governance and Data Protection Officer

Copeland Borough Council

 

Tel: 01946 59 8529

Email: [1][email address]

 

Copeland Borough Council, The Copeland Centre, Catherine Street,
Whitehaven, Cumbria, CA28 7SJ. Tel: 01946 598300. Fax: 01946 598303.
[2]www.copeland.gov.uk, [3][Copeland Borough Council request email]

[4]Description: cid:image001.png@01CE1E6D.7E7E5480

Working to improve lives, communities and the prosperity of Copeland

 

 

--------------------------------------------------------------------------

From: Ann Wilson <[5][FOI #491602 email]>
Date: Sunday, 17 June 2018, 09:22:56
To: FOI requests at Copeland Borough Council <[6][Copeland Borough Council request email]>
Subject: Freedom of Information request - mayor Starkie

Dear Copeland Borough Council,

Can you please supply the following information

1. Copies of correspondence relating to the Mayor's failure to register
his wife's employment with Grizedales within the period of 28 days from
his appointment as Mayor as required by law.
2. Copies of any written advice given to the Mayor setting out why he did
not need to enter in his register of interests details of his membership
of various companies that he had been nominated to by the Council but
which was required by box 8 of your standard registration form. Andrew
Clark seems to claim that such correspondence exists.
3. Copies of any documents setting out the reasons why the Council, or any
of its officers, decided not to refer the Mayor to the Police for an
apparent breach of s34 of the Localism Act 2011 over his failure to
register details of his wife's employment with Grizedales within the 28
day period prescribed by law.
4. The date that the document setting out the Mayor's register of
interests and on your website here
[7]https://emea01.safelinks.protection.outl...
was created. It is dated the 19th May 2015 but I understand that the
original of that date (which I have been passed) was amended during 2016
by the addition of the Mayor's wife's employment and then posted up on
your website to appear that that information had actually been registered
during the statutory 28 day period from the date he became Mayor.
5. Copies of any correspondence relating to the possible effect of ss.1 -
4 of the Forgery and Counterfeiting Act 1981 on the creation and/or
copying and/or use of the document now on the Mayors link to his register
of interests falsely indicating that it was created on the 19th May 2015.
I appreciate that any legal advice would be exempt from disclosure.
6. Details of any meetings of the Council the Mayor has attended where
there was under discussion any of the companies or their proposals for
which he is a Director but where he did not declare an interest but
remained and joined in the discussion
7. Details of any declarations of Interest he made at meetings where any
matter relating to a company of which he is a Director was under
discussion but where he did not then subsequently register that interest.

Yours faithfully,

Ann Wilson

 

From: Ann Wilson <[8][FOI #491602 email]>
Date: Monday, 18 June 2018, 10:04:14
To: FOI requests at Copeland Borough Council <[9][Copeland Borough Council request email]>
Subject: RE: Freedom of Information request - mayor Starkie

Dear Copeland Borough Council,

As an additional request to my original.........

8. Please supply a copy of the correspondence to all Councillors requiring
that they get their declarations of interest up to date. I believe that
this was issued during the second half of 2016.

Yours faithfully,

Ann Wilson

 

 

From: Ann Wilson <[10][FOI #491602 email]>
Date: Monday, June 18, 2018, 11:41:09 AM
To: FOI requests at Copeland Borough Council <[11][Copeland Borough Council request email]>
Subject: RE: Freedom of Information request - mayor Starkie

Dear Copeland Borough Council,

Sorry its getting a bit messy but I have another enquiry

9. Mr Starkie is a Trustee of Cumbria Community Foundation which is a
charity. He joined in 28th July 2016
a. Should he also have put that in his register of interests when the
document on your web site was created in 2016 or was the July date after
that document was created?
b. When all Councillors were asked to ensure that their registers were up
to date during 2016 should his membership of this charity have been
included as box 9 seems to apply?
10. Should his membership of Copeland Community Fund also come within box
8?

Yours faithfully,

Ann Wilson

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[12][FOI #491602 email]

Is [13][Copeland Borough Council request email] the wrong address for Freedom of Information
requests to Copeland Borough Council? If so, please contact us using this
form:
[14]https://emea01.safelinks.protection.outl...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[15]https://emea01.safelinks.protection.outl...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[16]https://emea01.safelinks.protection.outl...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

Dear Clifford Walker,

Whilst you are considering your response to my Freedom of Information Request (long overdue) I wish to ask a few more questions

1. The Mayor states on his linkedin page (updated by him only a few days ago) that he has been a partner with True Potential LLP since October 2013 to the present day. This has not been declared on his register of interests even though he claims to have held that position at the time he took up office in 2015. If the information on his linked in page is correct then a failure to register that interest within 28 days of taking up office appears to be a crime (s34 of the Localism Act 2011 applies). That is on top of his failure to register his wife's employment until 2016. Please provide such information as the Council holds concerning this apparent disclosable pecuniary interest?

2. Please provide copies of any decisions taken, if any, not to prosecute the Mayor over this omission from his register of interests.

3. Please provide copies of correspondence from any officer of the Council (probably Mr Boyce) in 2016 asking the Mayor to update his register of interests.

4. Please provide details of any action taken, or considered and rejected, over this apparent breach of the Code of Conduct (failure to register). In the case of any decision not to take action under the Code of Conduct please provide the reasons for so doing

5. The Mayor also claims on his linkedin page that he is a partner of True Potential Wealth Management LLP. (This has a separate listing at Companies House to True Potential LLP). The Mayor does not provide a date from when he became a partner of this LLP. This has also not been included in his register of interests. Please provide details of such information as the Council holds as to the mayors partnership with this LLP and why he has not entered it into his register of interests

6. If he was a partner when he first took office please provide such information as you may have as to why he was not referred to the police for a further breach of s34?

7. Apart from being requested to correct his register of interests in 2016 I understand that he, and all Councillors, was recently required to get his register up to date with all relevant interests. Please provide copies of all such correspondence asking for him to update his register

8. Please provide details of any action taken, or considered and rejected, over this further apparent breach of the Code of Conduct. In the case of any decision not to take action under the Code of Conduct please provide the reasons for so doing.

9. In the event that Mayor Starkie has provided incorrect information on his linkedin page has the Council any correspondence with the Mayor, it can provide, relating to him citing untrue information on his linked in page.

Yours sincerely,

Ann Wilson

Clifford Walker, Copeland Borough Council

Dear Madam,

As per my previous responses to your FOI requests, your request 7469/18 and additional queries, which are not overdue but remain 'on hold' at this office pending receipt of acceptable identification documentation as outlined. This latest request will be retained similarly.

I repeat my previous warning that under Section 14(1) (Vexatious Request) of the Freedom of Information Act that this and any future requests may attract this exemption.

I am more than happy to receive copies of your identification documents to this address or if you prefer, I am happy to meet in person to discuss your concerns.

Regards,

Cliff Walker
Information Governance and Data Protection Officer
Telephone: 01946 598529

Copeland Borough Council, The Copeland Centre
Catherine Street, Whitehaven, Cumbria, CA28 7SJ

show quoted sections

Dear Clifford Walker,

With respect you start from the wrong point in law.

You start from the "We don't really want to answer this so let's find a reason not to do so." The correct approach as confirmed by the ICO i nthis guidance https://ico.org.uk/media/for-organisatio... is to ask the following questions -

1. Does the requester fail to provide a name? The answer is clearly No
2. Can the requester be identified from the name provided (for example has she only used her first name or
initials? Ann Wilson is a full name and, I would say, a commonly recognised name
3. Is the requester using an obvious pseudonym? Clearly not. Donald Duck would be a pseudonym
As you can't answer No to all or any of the above then according to the ICO this and my previous requests are valid.

There is nothing in the Act about a request being on hold...again you misunderstand the law. Your obligation is to reply as soon as........ and no later than...........

My enquiries meet the requirements of s 8(1)(b) and thus are technically valid.

You have failed to provide any reasonable evidence to suggest that I do not meet the requirements of the Act. The truth here is that the Mayor/Council declines to be open/Transparent as per Nolan and I suspect because to be open would necessitate disclosure of a failure to comply with the localism Act and which we all expect elected persons to comply with.

The Mayor was asked to correct his register in 2016 and declined to do so. He was then asked again in 2017 and 2018 to update his register of interests and whilst he made quite an attempt recently he still seems to have omitted a DPI prevalent when taking up office. This is not the conduct expected of one holding such an office

We know that he omitted his wife's employment back in June 2015 and that a decision was taken not to refer him the Police.

The refusal to answer the enquiries here will I am afraid lead to a logical conclusion.

As for meeting you may not understand that I have been threatened by the Mayor and Mr Clarke such that I would certainly not feel comfortable meeting anyone related to the Borough Council or in giving them any personal details. I believe that that is a reasonable position to take.

I will leave these thoughts with you. There are options available on disclosure of the conduct

I would hope that, on reflection, the law will now be complied with as one would expect of a public body and an ex police officer.

Yours sincerely,

Ann Wilson

Dear Clifford Walker,

The Council has a statutory duty under s27 of the Localism Act 2011 to maintain high standards of conduct. That is a duty to actually do something and not just to sit back and wait for a formal complaint of alleged misconduct
The monitoring officer has the specific duty to ensure that the Council, its officers, elected members and the Mayor maintain the highest standard of conduct in all they do. Section 5 of the Local Government & Housing Act 1989, as amended by schedule 5, paragraph 24 of the Local Government Act 2000 refers. Again that is a proactive duty rather than simply waiting to react to a complaint.

The Council has known for some time now that the Mayor has not complied with his duty to register a certain DPI or other interests e.g. Directorships of Companies despite being asked each year to do so. It also now knows that he failed to register a partnership with a LLP (according to his own Linkedin page (which I think we can take as being accurate). In the alternative that the Mayor has made up a story about being such a partner. All we know for certain is that he says he is such a partner.

1. Please provide such information as the Council has as to what action the Council/Monitoring Officer has taken in compliance with their statutory duty in this regard

2. Please provide such information as the Council /Monitoring Officer may have which evidences its reasons for not complying with its statutory duty if that is the case.

Yours sincerely,

Ann Wilson

Factual matters will soon be aired in public if you choose to refuse to comply with the law here.

Yours sincerely,

Ann Wilson

Clifford Walker, Copeland Borough Council

1 Attachment

Dear Ms Wilson

 

I refer to your e-mail of 9th July 2018 to the Council’s Information
Governance and Data Protection Officer, Cliff Walker.  In your mail you
have indicated that “I have been threatened by the Mayor and Mr Clarke
such that I would not feel comfortable meeting anyone related to the
Borough Council”.

 

The Council takes allegations of misconduct, and in this case, threats to
members of public, about its Elected Officials and Officers extremely
seriously.  Your statement indicating that you have been threatened is
something that concerns me to such an extent that I am required to look
into the matter further and to make a determination if any policies or
codes have been breached and what action needs to be taken as a result.

 

Can you please contact me directly to make arrangements to meet and
document the circumstances around this threat.

 

I am happy to meet you at a neutral location if that would be easier for
you.

 

Yours sincerely

 

 

Jo McLeod

Head of Corporate Resources

(& Alternate Monitoring Officer)

Tel: 01946 598510

[mobile number]

Email: [1][email address]

 

Copeland Borough Council, Market Hall, Market Place, Whitehaven, CA28 7JG.
Tel: 01946 598300. Fax: 01946 598303. [2]www.copeland.gov.uk,
[3][Copeland Borough Council request email]

 

[4]cid:image002.png@01D0B402.02E46080

 

Copeland - the best place to live in Cumbria This email is confidential
and is for the attention of the addressee only. Copeland Borough Council
accept no responsibility for information, errors or omissions contained in
it. We make every effort to keep our network free from viruses. You should
independently check this e-mail and any attachments for viruses, as we can
take no responsibility for any computer viruses that might be transferred
by way of this e-mail.

References

Visible links
1. mailto:[email address]
2. http://www.copeland.gov.uk/
3. mailto:[Copeland Borough Council request email]

Dear Joanne McLeod,
Thanks for your concern but I wonder if Mr Walker could react with such vigour and reply to my FOI's?

The Mayor threatened legal action for telling the truth. To be fair he has done to a number of individuals around town, and never been able to follow through as he had no cause of action. You might like to ask for an orderly queue to be started to register complaints. Mr Clarke said he would be reporting me to the Police. I regard both as threats. The only one of the three of us who have committed a crime, as far as I know, is the Mayor. It is too late to do anything about that as your Council allowed the Mayor to avoid any prosecution or action under the Code of Conduct over his failure to register DPIs within 28 days of taking office as required by law. Ask your former MO.

The Mayor did not record in his register of interests that his wife worked. He did not register that until 2016, I understand. He was told, in 2016/17 and recently, to get his register of interests up to date but it seems that he failed to act as required. The Mayor states on his Linked in page that he has been a partner with True Potential LLP since 2013....that is to say at the time he took office. That has not been included in his register of interests. If true then that failure to register was a crime. He also claims to be a partner with another LLP but does not indicate if he was when he came to office. That was not included in his recent register update

Had he been prosecuted, based on his own admission of DPIs, he could have faced a fine of up to £5000 and being barred from public office for up to 5 years. Instead he is in office threatening people.

There has been, and remains, an option to deal with him under the Code of Conduct for his failures to register interests as required by the law and the Monitoring Officer. No such action has taken place as far as I am aware. Why has he been favoured?

He was not dealt with under the Code of Conduct for unlawfully giving someone a pay rise. Clinton Boyce's words not mine. Why has he been favoured?

You cannot prosecute him now as the time for doing so has expired. There can still be action under the Code and the MO has a duty to enforce such matters .....without any need for a formal complaint. The MO is supposed to be proactive in such enforcement of the standards. I doubt that any action will be taken but it would be a nice piece of public transparency to do so

Time to stop find reasons for doing nothing.

Incidentally - You describes yourself as the Alternate Monitoring Officer when, legally, there is no such thing.
The Monitoring Officer is a statutory appointment pursuant to section 5 of the Local Government and Housing Act 1989, as amended by Schedule 5, paragraph 24, of the Local Government Act 2000. That is interestingly worded –
(1)It shall be the duty of every relevant authority—
(a)to designate one of their officers (to be known as “the monitoring officer”) as the officer responsible for performing the duties imposed by this section

“One of their Officers”- That is to say, as per the Highlander “there can be only one”. It is the MO’s personal responsibility to fulfil the duties of the statutory MO and that role cannot be delegate to someone else unless the MO is ill or away in which case the Deputy Monitoring Officer can take over the role. The Deputy is, by law, designated by the MO him/herself. Yes the law describes the posts as MO or Deputy and not “Alternate”. There is no role and no ability to act as an MO unless designated by the actual MO. The humour of the Highlander, Connor McLeod, having your surname when we talk of there being "only one" was not lost on me. The benefits of grandchildren!

Time for the whole Council to focus on what the law says.

I look forward to confirmation from the MO that the code is to be enforced.

Yours sincerely,

Ann Wilson

Dear Joanne,

As a matter of legal principle there can be vicarious liability in the context of the principal-agent relationship and which means that there can be an imposition of responsibility on the principal for the acts of the agent.

The Mayor is a Director of a Company that owns the Bus Station. A directorship he did not disclose in his register of interests until this year despite being required to do so since 2015.

The agent of that Company applied for planning permission for the Bus Station and lied on the application. The agent lied about who owned the land. Why the secrecy about the actual land owner? It is owned by a Company that the Mayor is a Director of. As such that was an invalid application for planning permission. Your Council Planning Officers still processed that application. Come on they should have known that it was not owned by the fictitious company the agent claimed owned it. If I can discover this then so can your professional officers. That is what companies house on line is for!

The conduct of the agent seems to have been a crime under s65 of the Town and Country Planning Act 1990. Shouldn't the Directors of the Company ensured that the agent complied with the law?

Funny what officer of the Council, who are sick and tired of improper conduct, will make available even if your Mr Walker will not do so.

I am not in any way saying that the Mayor knew anything of this misconduct. However, shouldn't directors be in better control? Why was no action action taken at the time against the Company?

I do hope that no officers feel that the Mayor putting pressure on officers to protect him?

Are you now going to advise the public that the Mayor will be held to account or will this (mature) lady be blamed /threatened for disclosure?

You kindly invited a chat and you now have it.....please do the right thing

PS. Just to ease the tension and have a bit of fun- my grandson says that the next gathering is in 2024 for all the MO's to find out who will be the "only one"

Yours sincerely,

Ann Wilson

Dear Joanne,
The Mayor may like to have a chat with his CEO at his Companies which appear to operate under the trading name of BEC
The Companies Act 2006 and the Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015 indicate that Companies must disclose their registered name on:

business letters
notices
official publications
websites
etc

I could not find details of the actual company names on the trading name website. https://discoverbec.com/
Apparently it is an offence to fail to comply with these requirements. The maximum penalty is a £1,000 fine plus, for continued contravention, a maximum daily default fine of £100.

As a nominee of your Council to various companies you may like to suggest to the Mayor that he raises this apparent omission.

This has been mentioned before but no one seems to take any notice

Yet he and Mr Clarke claim that I am the one committing a crime!

Yours sincerely,

Ann Wilson

Dear Joanne,
So you take misconduct seriously?

Councillor O'Kane
He was appointed Trustee of the Piper Educational Trust on your Council's behalf in 2016.

1. He couldn't be bothered to include that in his register of interests until 2018 despite being asked to update his register in 2016/17 - Breach of the Code of Conduct

2. He has not ensured that he is registered with the Charity Commissioners as a Trustee of the Charity. Breach of the law and the code of conduct

3. He has not ensured that the Charity has filed its annual statement with the commissioners as required by law. Breach of the code of conduct

Can you set out on here what your Council proposes to do here..... or will this be overlooked as well?

Yours sincerely,

Ann Wilson

Dear Joanne,

It appears from Companies House that a local authority has the power to appoint or remove a majority of the board of directors of Energy Coast West Cumbria Limited (and other companies in the group). If that is correct then it seems to be a Local Authority Controlled Company - s68 Local Government and Housing Act 1989 applies.

https://www.whatdotheyknow.com/request/t... Mr Walker denies that it is a Local Authority Controlled Company. Was this a correct answer? If it was incorrect then that seems to be misconduct so what action will be taken against Mr Walker?

If it was correct then please explain

Thanks

Yours sincerely,

Ann Wilson

Dear Joanne,
The Mayor's register of interests mentions Versant Wealth management. He also mentions that he has moved from 10 Monks Hill, St. Bees, Cumbria, CA27 0EQ. If he has disposed of that property he does not appear to have notified Companies House of any change of his registered office with 14 days of a change. If there has been a change, that has not been notified, then there is the possibility if a fine

Yet his PR man accuses me of an offence!

Please confirm that everything is in order here. If not then can the Mayor please offer thanks for this guidance?

Yours sincerely,

Ann Wilson

Dear Joanne,
You have said - to thousands of people who read this web site
"The Council takes allegations of misconduct, ........................... about its Elected Officials and Officers extremely"

Given the extent of your publication on this website I consider that the public is entitled to see you and CBC live up to its word.

Please provide Information relating to the action you have taken against those whose misconduct has been highlighted here.

Yours sincerely,

Ann Wilson

Dear Joanne,
"The Council takes allegations of misconduct, ............................ about its Elected Officials and Officers extremely seriously. "

Not just yet then as there has been no response?

Yours sincerely,

Ann Wilson

Dear Joanne,

"The Council takes allegations of misconduct, ............................ about its Elected Officials and Officers extremely seriously. "

Still not just yet then ?

False claims on behalf of your Council Joanne?

Yours sincerely,

Ann Wilson