Nolan principles and York WOW

Colin Hall made this Freedom of Information request to City of York Council

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

The request was successful.

Dear City of York Council,

You replied to FOI request CF6274 about the apparent failure to apply the principles of the Committee of Standards in Public Life (Nolan principles) when Mr Patrick Kelly was nominated as chair of York@Large in December 2012. You said that Mr Kelly had declared in that meeting, but not publicly, that he was at the time chair of York Labour Party.

1. Who took the decision to exclude Mr Kelly’s declaration of interest from the published minutes of the December 2012 meeting?
2. Why was that decision taken?
3. Were any other declarations of interest made by Mr Kelly?
4. Please disclose all emails and other correspondence concerning the nomination and appointment of Mr Kelly as chair of York@Large, and concerning FOI request CF6274.

Yours faithfully,

Colin Hall

foi@york.gov.uk, City of York Council

Thank you for your enquiry. We will ensure it is passed to the relevant service(s) and you will receive a response within 20 working days. We will contact you if we have any queries, need clarification or to let you know if we need more time to answer your enquiry in full.

However, if you are contacting us to ask for a review of a previous FOI response from us, we will pass your request to Veritau/Information Governance who will contact you about this.

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Regards
Customer Feedback Team

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Dear [email address],

You should have replied to this FOI request by 14 February.

I request an internal review of the way my request is being dealt with.

Yours sincerely,

Colin Hall

foi@york.gov.uk, City of York Council

Thank you for your enquiry. We will ensure it is passed to the relevant service(s) and you will receive a response within 20 working days. We will contact you if we have any queries, need clarification or to let you know if we need more time to answer your enquiry in full.

However, if you are contacting us to ask for a review of a previous FOI response from us, we will pass your request to Veritau/Information Governance who will contact you about this.

Please note this is an automatically generated receipt to let you know we have received your email.

Regards
Customer Feedback Team

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Help protect the environment! - please don't print this email unless you really need to.

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information.governance@york.gov.uk, City of York Council

Dear Mr Hall,
 
Thank you for your request for a review of our response to your FOI.
 
We will contact you in due course.
 
Kind regards
 
Paul Atkinson, for
 
Information Governance Officer
Veritau Ltd
Assurance Services for the Public Sector
Telephone 01609 533219
[1][email address]
For further information about us visit our website - [2]www.veritau.co.uk
 
 

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Dear [email address],

When can I expect a reply to this FOI request?

Yours sincerely,

Colin Hall

information.governance@veritau.co.uk,

Dear Mr Hall

May I first apologise for the time taken to provide this reply, especially as it is so simple.

I see that the council has not replied to your request of 17 January 2014 about Nolan principles and York WOW. I have recommended that it should immediately issue in writing

• a denial that it holds the information, or
• a refusal to disclose it, or
• disclosure of the information you requested, or
• some combination of the above

Yours sincerely
Robert Beane

Information Governance Manager
Veritau Ltd
Assurance services for the public sector
telephone 01609 533219 (NYCC) or 01904 552933 (CYC)
For further information about us visit our website www.veritau.co.uk

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Dear Mr Beane

Thank you for this update.

This is one of three outstanding foi requests that I have submitted. All could have been answered immediately.

In view of the length of time that this request has taken, I shall contact the Information Commissioner if I have heard nothing from you by Friday 25 April.

Thank you for trying to get the Council moving on these FOI requests. Do they realise that their delays are needlessly expensive?

Yours sincerely,

Colin Hall

information.governance@veritau.co.uk,

Dear Mr Hall

Thankyou. I have forwarded your message to council colleagues.

May I remind readers of these pages that messages to City of York Council are better addressed to [City of York Council request email] , rather than to individual officers

Yours sincerely
Robert Beane

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Dear [email address],

This request has been forwarded today to the Information Commissioner.

Yours sincerely,

Colin Hall

information.governance@veritau.co.uk,

18 Attachments

 
 
Dear Mr Hall
Further to your emails dated 13 December 2013, 17 January 2014 and 26
February 2014, which have been logged under reference number CF6799. 
Please find below and attached the information which the Council holds in
relation to your requests.
13 December 2013:
Would you please make publicly available all agendas, minutes and
associated papers for all WOW partnership boards and meetings? 
Recent papers have already been published. To backdate this work and
publish all papers on the website would be a huge task, which would take
many hours. The large amount of work involved would bring the cost of
answering the request over the amount to which we are legally required to
respond, ie the cost of locating and retrieving the information exceeds
the 'appropriate limit' as stated in the Freedom Of Information (Fees and
Appropriate Limit) Regulations 2004. 
17 January 2014:
Who took the decision to exclude Mr Kelly’s declaration of interest from
the published minutes of the December 2012 meeting? 
The Council holds no information with regard to there having been any
exclusion from the published minutes.
Why was that decision taken?
The Council holds no information with regard to there having been any
exclusion from the published minutes.
Were any other declarations of interest made by Mr Kelly? 
The Council holds no information with regard to any declarations of
interest.
Please disclose all emails and other correspondence concerning the
nomination and appointment of Mr Kelly as chair of [1]York@Large  and
concerning FOI request CF6274.
The Council holds no emails or correspondence relating to the nomination
or appointment of Mr Kelly. Please find attached the correspondence which
the Council holds relating to FOI request CF6274. Personal details have
been removed from these documents. We are withholding this information
under section 40 (2) of the Freedom of Information Act 2000 which exempts
personal information from disclosure if disclosure would breach one or
more principles of the Data Protection Act 1998. In this case we consider
that disclosure would breach the first principle, namely that personal
information must be fairly and lawfully processed and must meet one of the
conditions for processing as provided by schedule 2 of the Act. In this
case we consider that the disclosure would be unfair and unlawful and none
of the conditions for processing would be met.
 
26 February 2014:
When did Mr Kelly join [2]york@large?
The first mention of him being present as a member is in the minutes of 2
October 2008 (attached).
When should he have resigned from [3]york@large?
The only information held by the Council pertaining to Mr Kelly’s
retirement date is i) the constitution of York@Large (attached), ii)
membership review documents for 2012 and 2103 (attached), and the minutes
of the meetings of September and December 2012 (attached). 
How, if Mr Kelly should have left in 2012, was he allowed to assume the
chair in June 2013?
The circumstances surrounding Mr Kelly’s election as chair are set out in
the minutes on 4 December 2012 (attached).
 
Please accept the Council’s apologies for the delay in sending this reply.
 
If you are dissatisfied with our response you have the right to ask for a
review of how your enquiry was handled and responded to.   This can be
done by contacting us through [4][City of York Council request email] stating your reason(s)
why you are dissatisfied.  If after the investigation, you still remain
dissatisfied, you can contact the Information Commissioner, contact
details below:
 
 
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 08456 306060 or 01625 545745
Email: [5][email address]
 
 
Yours sincerely
 
Miriam Townsend
 
 
Miriam Townsend
Information Governance Officer
Veritau Ltd
Assurance Services for the Public Sector
Telephone 01609 536985
For further information about us visit our website - [6]www.veritau.co.uk
 
 
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Dear [email address],

Thank you for your response.

It seems clear from the papers, and from CYC's response to an earlier FOI request, that an important declaration of political interest for an influential public office was not recorded in the minutes of Y@L upon the nomination of the new chair in December 2013. This may have been a deliberate act of concealment, which can only undermine confidence in the probity and openness of the York Without Walls project.

I shall seek advice from the ICO on how to proceed.

Yours sincerely,

Colin Hall

Dear [email address],

CORRECTION: the nomination for the new chair took place in December 2012. Apologies for my error.

Yours sincerely,

Colin Hall

information.governance@veritau.co.uk,

Dear Mr Hall

Thank you for your email, of which we acknowledge receipt. We will await the ICO decision.

Kind regards

Miriam Townsend

Miriam Townsend
Information Governance Officer
Veritau Ltd
Assurance Services for the Public Sector
Telephone 01609 536985
For further information about us visit our website - www.veritau.co.uk

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