Project ISiS JMAP agendas, minutes & papers Jan'2007 to April 2008

Waiting for an internal review by Somerset Council of their handling of this request.

Dear Somerset County Council,

I have patiently requested and asked for the Project ISiS JMAP (Joint Members Advisory Panel) meeting agendas, minutes & papers (Jan’2007 – April 2008) to be provided in meetings with appropriate and relevant Finance & Audit Officers.

As that courteous request has been left both unfulfilled and without explanation for the considerable delay, then I have been forced to resort to an FOI. I will annotate this FOI to say that it has arisen due to an unfulfilled, courteous request.

Please supply all Project ISiS JMAP agendas, minutes & papers Jan'2007 to April 2008 inclusive.

Yours faithfully,

Dave Orr

Somerset Direct - Generic, Somerset Council

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Somerset Direct - Generic, Somerset Council

Dear Mr Orr,

Thank you for contacting Somerset County Council. I have logged your FOI
request with the relevant department. Your reference number is 1965721.
If you require any further assistance please do not hesitate to contact
us again.

Yours sincerely

Sal Khan
Generic Team - Somerset Direct
The Deane House
Belvedere Road
Taunton
TA1 1HE
Tel Number: 0845 345 9166
[email address]

South West One Limited - Registered in England and Wales with number
6373780 Registered office:PO Box 41, North Harbour, Portsmouth, Hants
PO6 3AU

show quoted sections

Information Governance, Somerset Council

Dear Mr Orr

 

Thank you for your request made under the Freedom of Information Act
(FOIA) 2000.

 

We are currently dealing with your request and will be in touch shortly
concerning disclosure of the information you have requested.

 

The legislation obliges us to provide you with this information within 20
working days, so our response will be sent to you by 19-04-2012.

 

Please be aware that we now publish all responses to requests for
information made under the FOIA, without any details of the requestor, on
the Council’s website.

 

Please see:

 

[1]http://www.somerset.gov.uk/disclosurelog

 

Yours sincerely

 

Information Governance Team

Client Services Team

Resources Directorate / A2W

County Hall

Taunton

Som

TA1 4DY

 

Tel: 01823-357194

No mobile access

 

 

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This communication is intended solely for the person (s) or organisation
to whom it is addressed.  It may contain privileged
and confidential information and if you are not the intended recipient
(s), you must not copy, distribute or take any action
in reliance on it. If you have received this e-mail in error please notify
the sender and copy the message to
[email address]

Individuals are advised that by replying to, or sending an e-mail message
to Somerset County Council, you accept
that you have no explicit or implicit expectation of privacy.

In line with the Surveillance and Monitoring Policy, any e-mail messages
(and attachments) transmitted over the
Council's network may be subject to scrutiny.

References

Visible links
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To Document email correspondence 18-4-2012:
___________________________________________

From: Information Governance
Sent: Wednesday, April 18, 2012 10:12 AM
To: Dave Orr
Cc: Peter Grogan ; Donna Fitzgerald

Subject: FOI request

Dear Mr Orr

I am aware that your FOI request concerning the project ISIS JMAP agendas, minutes and papers is due with you tomorrow.

Firstly, I am afraid that there will be a delay in this while negotiations continue with partner agencies over possible redactions for which I apologise.

Secondly, the final disclosure will be too large to send electronically. I propose that I either post them to you (in which case could I please have a postal address) or I could arrange for them to be collected by you from County Hall.

Would you be kind enough to advise me which of these two options is preferable for you.

With many thanks

Yours sincerely

Information Governance Team
Client Services Team / A2W
County Hall
Taunton
TA1 4DY
Som
Tel: 01823-357194

=======================================================
From: Dave Orr
Sent: Wednesday, April 18, 2012 10:59 AM
To: Information Governance
Cc: Peter Grogan ; Donna Fitzgerald ; roger conway ; John Wilkins ; Bob Little ; Kevin Nacey ; Simon Garlick ; Kieron Marston ; Honor Clarke

Subject: Your FOI Ref 1965721 "Project ISiS JMAP agendas, minutes & papers Jan'2007 to April 2008"

Dear Information Governance Team,

There has already been extensive delays after Ms Jacky Barnes (now retired) offered to disclose these SCC public papers to us on her own account without being asked (in a meeting with s151 officer Kevin Nacey & Mr Roger Conway).

That delay to release public papers pertaining to an Accounts Objection matter finally resulted in an FOI, after no explanation was offered on polite follow-up correspondence with the senior officers concerned.

These documents are part of an Accounts Objection follow-up that was advised to me by the District Auditor last year.

I do hope that minimal & appropriate redaction by appropriate parties to SCC public information, if any, has been applied.

Can you please:

a) By return of email, inform me as to which “partner agencies” are involved in approving this release of these public SCC documents;

b) Post this reply to the relevant FOI thread on www.whatdotheyknow.com as my preferred FOI request route;

c) When the disclosure is made, then I would prefer to receive media (CD or DVD) and can collect them from County Hall B Block reception.

Will that FOI and questions that have resulted from avoiding prior offered & voluntary disclosure, now be added to my FOI “running total” to be (hopefully correctly) reported to the Audit committee this Thursday – a meeting that I will now definitely be attending?

Yours sincerely.

David Orr.
=======================================================

Information Governance, Somerset Council

Dear Mr. Orr

 

I’m afraid that I’m unable to comment on the history of this information
request prior to receiving it as an FOI request.

 

I can also confirm the following:

 

 A – The Police and Taunton Deane have been consulted over this FOI
request.

 

B – I have used your preferred email account as you have indicated.

 

C – The disclosure will be in a paper form and can be left at B Block
reception for you to collect; I will advise you when it is ready for
collection.

 

Finally, I imagine that this FOI request will be added to your ‘running
total’ as you describe below.

 

Yours sincerely

 

Information Governance Team

Client Services Team /  A2W

County Hall

Taunton

Som

TA1 4DY

 

Tel: 01823-357194

No mobile access

 

Web : [1]www.somerset.gov.uk

 

 

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══════════════════════════════════════════════════════════════════════════

From: Dave Orr [mailto:[email address]]
Sent: 18 April 2012 11:00
To: Information Governance
Cc: Peter Grogan; Donna Fitzgerald; roger conway; John Wilkins; Bob
Little; Kevin Nacey; Simon Garlick; Kieron Marston; Honor Clarke
Subject: Your FOI Ref 1965721 "Project ISiS JMAP agendas, minutes & papers
Jan'2007 to April 2008"
Importance: High

 

Dear Information Governance Team,

 

There has already been extensive delays after Ms Jacky Barnes (now
retired) offered to disclose these SCC public papers to us on her own
account without being asked (in a meeting with s151 officer Kevin Nacey &
Mr Roger Conway).

 

That delay to release public papers pertaining to an Accounts Objection
matter finally resulted in an FOI, after no explanation was offered on
polite follow-up correspondence with the senior officers concerned.

 

These documents are part of an Accounts Objection follow-up that was
advised to me by the District Auditor last year.

 

I do hope that minimal & appropriate redaction by appropriate parties to
SCC public information, if any, has been applied.

 

Can you please:

 

a) By return of email, inform me as to which “partner agencies” are
involved in approving this release of these public SCC documents;

 

b) Post this reply to the relevant FOI thread on [2]www.whatdotheyknow.com
as my preferred FOI request route;

 

c) When the disclosure is made, then I would prefer to receive media (CD
or DVD) and can collect them from County Hall B Block reception.

 

Will that FOI and questions that have resulted from avoiding prior offered
& voluntary disclosure, now be added to my FOI “running total” to be
(hopefully correctly) reported to the Audit committee this Thursday – a
meeting that I will now definitely be attending?

 

Yours sincerely.

 

David Orr.

01823 334469 / 078 3711 3711

 

From: [3]Information Governance

Sent: Wednesday, April 18, 2012 10:12 AM

To: [4][email address]

Cc: [5]Peter Grogan ; [6]Donna Fitzgerald

Subject: FOI request

 

Dear Mr Orr

 

I am aware that your FOI request concerning the project ISIS JMAP agendas,
minutes and papers is due with you tomorrow.

 

Firstly, I am afraid that there will be a delay in this while negotiations
continue with partner agencies over possible redactions for which I
apologise.

 

Secondly, the final disclosure will be too large to send electronically. I
propose that I either post them to you (in which case could I please have
a postal address) or I could arrange for them to be collected by you from
County Hall.

 

Would you be kind enough to advise me which of these two options is
preferable for you.

 

With many thanks

 

Yours sincerely

 

Information Governance Team

Client Services Team /  A2W

County Hall

Taunton

Som

TA1 4DY

 

Tel: 01823-357194

 

No mobile access

Web : [7]www.somerset.gov.uk

 

 

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to whom it is addressed.  It may contain privileged
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(s), you must not copy, distribute or take any action
in reliance on it. If you have received this e-mail in error please notify
the sender and copy the message to
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Individuals are advised that by replying to, or sending an e-mail message
to Somerset County Council, you accept
that you have no explicit or implicit expectation of privacy.

In line with the Surveillance and Monitoring Policy, any e-mail messages
(and attachments) transmitted over the
Council's network may be subject to scrutiny.

This communication is intended solely for the person (s) or organisation
to whom it is addressed.  It may contain privileged
and confidential information and if you are not the intended recipient
(s), you must not copy, distribute or take any action
in reliance on it. If you have received this e-mail in error please notify
the sender and copy the message to
[email address]

Individuals are advised that by replying to, or sending an e-mail message
to Somerset County Council, you accept
that you have no explicit or implicit expectation of privacy.

In line with the Surveillance and Monitoring Policy, any e-mail messages
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Council's network may be subject to scrutiny.

References

Visible links
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2. http://www.whatdotheyknow.com/
3. [email address]
mailto:[email address]
4. [email address]
mailto:[email address]
5. [email address]
mailto:[email address]
6. [email address]
mailto:[email address]
7. http://www.somerset.gov.uk/

Dear Information Governance,

Can you tell me what protocol is followed if Taunton Deane or the Police want to apply redaction(s) to the requested information?

Are redcation request(s) from Taunton Deane or the Police applied without any further SCC assessment?

Or are redaction request(s) from Taunton Deane or the Police assessed (by appropiately trained & qualified SCC FOIA staff) for compliance with SCC Information Governance policy?

If redaction request(s) from Taunton Deane or the Police are assessed (by appropiately trained & qualified SCC FOIA staff) for compliance with SCC Information Governance policy, then please detail the process followed.

Yours sincerely,

Dave Orr

Peter Grogan, Somerset Council

SCC ref - Request no 1965721

With regard to recent correspondence, Somerset County Council wishes to
withdraw, and apologise for, the statement

“Finally, I imagine that this FOI request will be added to your ‘running
total’ as you describe below.”

Regards

Peter Grogan

Information Governance Manager

Somerset County Council

A2W County Hall

Taunton

TA1 4DY

 

01823 357175 (Office)

07500 882481 (Mobile)

This communication is intended solely for the person (s) or organisation
to whom it is addressed.  It may contain privileged
and confidential information and if you are not the intended recipient
(s), you must not copy, distribute or take any action
in reliance on it. If you have received this e-mail in error please notify
the sender and copy the message to
[email address]

Individuals are advised that by replying to, or sending an e-mail message
to Somerset County Council, you accept
that you have no explicit or implicit expectation of privacy.

In line with the Surveillance and Monitoring Policy, any e-mail messages
(and attachments) transmitted over the
Council's network may be subject to scrutiny.

[Duplicate of next message removed]

Statement by David Orr to the Somerset County Council Audit Committee 19/4/2012

The costs of SAP and other costly IBM projects in 2008 were shared between this Council, the Police & Taunton Deane. Last year, I lodged an Accounts Objection regarding the write down of £2.2m, in favour of the Police and wholly against Somerset taxpayers.

I maintained then and still do, that this represents a subsidy to the taxpayers of the Bristol area.

The regulator refused the objection in September last year. When I requested a copy of the relevant documents for the simple purpose of understanding the judgement, the Regulator informed me that he would not supply them and that I should request them from the public bodies involved. That was seven months ago and I am still no further forward.

Following the advice of the Regulator, Mr Conway and I met with senior finance officers from this Council in February, to sight the cost sharing agreement that was made between the Councils and the Police. Neither IBM nor SW1 are a party to this agreement, so there are no commercial considerations, that would disclose profit margins or similar exempted information.

The officers were prepared to disclose this cost sharing agreement, but asked if the contract exit elements could be redacted. Mr Conway & I readily agreed to this reasonable request.

When the agreement for cost sharing between the three public bodies was redacted via the Police, in a total of 17 pages, the only numbers that were left visible were the page numbers! This has now resulted in an appeal with the Information Commissioners Office, for a public interest disclosure along the lines that this Council’s Officers originally suggested.

An offer by senior finance officers for us to sight the minutes and papers for this Council’s Joint Members Advisory Board (for the period leading up to the cost sharing agreement) has been inexplicably delayed.

We fear that the Police will again insist on redaction of most of the salient public interest details. That disclosure may be especially sensitive given that the Project ISiS contract Director Sue Barnes is the wife of the Chief Constable.

We believe that this shows that joint venture partnering with the Police, with different populations being served in the Bristol area and with a different culture to Somerset Local Authorities, was flawed from the outset.

Elections will be upon us in May next year. Most politicians believe that the electorate have short memories. Mr Conway & I do not.

Information Governance, Somerset Council

Somerset Direct ref: 1965721

Council Directorate ref: Res 1346

Date of request: 20-03-2012

Due date of response: 19-04-2012

Actual date of response: 26-04-2012

 

Dear Mr Orr

 

I am writing regarding your recent request for information to Somerset
County Council, which has been dealt with under the provisions of:

 

• The Freedom of Information Act (FOIA) (2000)

 

Your request made to the Council concerned the release of Project ISiS
JMAP agendas, minutes and papers from January 2007 to April 2008.

 

Firstly, I can confirm that we hold some of this information.

 

Given the volume of data that this request involves, I have made a paper
copy of the information requested which will be ready for collection, as
we discussed, when I hear from you. I have made a number of redactions in
line with the Freedom of Information Act, and have removed:

 

• Personal data using exemption s. 40
• Commercially confidential data using exemption s. 43 (2)

 

If you feel your request has not been answered in sufficient detail or if
you wish to clarify the information given, please contact me and I will be
happy to address the issues you raise.

 

If you are not satisfied with the way we have dealt with your request, or
the information you have received, you can ask for an internal review of
our decision.

 

Please send your request to:

 

Peter Grogan

Corporate Information Governance Manager

Information Governance Team

Client Services Team

Resources Directorate / A2W

County Hall

Taunton

Somerset

TA1 4DY or email [1][email address]

 

We will carry out an internal review and we will write to you with the
results of our investigation.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for an appeal.

 

The Information Commissioner can be contacted at:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF       Tel: 0303 – 123 1113

 

Please quote the reference numbers at the top of this letter in any future
correspondence.

 

Finally, please be aware that your response will appear, without your
contact details, on the Council’s website at:

 

[2]http://www.somerset.gov.uk/disclosurelog

 

Yours sincerely

 

Information Governance Team

Client Services Team /  A2W

County Hall

Taunton

Som

TA1 4DY

 

Tel: 01823-357194

No mobile access

 

Web : [3]www.somerset.gov.uk

 

 

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This communication is intended solely for the person (s) or organisation
to whom it is addressed.  It may contain privileged
and confidential information and if you are not the intended recipient
(s), you must not copy, distribute or take any action
in reliance on it. If you have received this e-mail in error please notify
the sender and copy the message to
[email address]

Individuals are advised that by replying to, or sending an e-mail message
to Somerset County Council, you accept
that you have no explicit or implicit expectation of privacy.

In line with the Surveillance and Monitoring Policy, any e-mail messages
(and attachments) transmitted over the
Council's network may be subject to scrutiny.

References

Visible links
1. mailto:[email address]
2. blocked::http://www.somerset.gov.uk/disclosurelog
http://www.somerset.gov.uk/disclosurelog
3. http://www.somerset.gov.uk/

Dear Information Governance,

I have today collected the JMAP papers folder. Thank you for laying out the paperwork in this way.

A couple of hopefully modest issues:

a) I did request ALL meeting papers/slides and an initial quick run through shows that some attachment papers (shown as inserted file objects) in meeting agendas have been missed e.g.

i) Two file attachments 18 Apr 2007
ii) Variant bid summary worksheet 2 May 2007 etc (possibly throughout the file)

Could you please re-check to ensure that the FOI request is fully met & all meeting papers are supplied.

b) The JMAP papers stop at 29 Aug 2007 - a full 9 months before the Police joined the JVC in Apr 2008.

Please supply all relevant oversight papers until Apr 2008 (that date range was contained within the FOI request).

Yours sincerely,

Dave Orr

Information Governance, Somerset Council

Dear Mr Orr

I can confirm that there are no documents held after 29 Aug 2007. I will double check the attachments for you.

Information Governance Team
Client Services Team / A2W
County Hall
Taunton
Som
TA1 4DY

Tel: 01823-357194
No mobile access
 
-----Original Message----- mailto:[FOI #110194 email]
From: Dave Orr []
Sent: 27 April 2012 16:37
To: Information Governance
Subject: Re: FOI response

Dear Information Governance,

I have today collected the JMAP papers folder. Thank you for laying
out the paperwork in this way.

A couple of hopefully modest issues:

a) I did request ALL meeting papers/slides and an initial quick run
through shows that some attachment papers (shown as inserted file
objects) in meeting agendas have been missed e.g.

i) Two file attachments 18 Apr 2007
ii) Variant bid summary worksheet 2 May 2007 etc (possibly
throughout the file)

Could you please re-check to ensure that the FOI request is fully
met & all meeting papers are supplied.

b) The JMAP papers stop at 29 Aug 2007 - a full 9 months before the
Police joined the JVC in Apr 2008.

Please supply all relevant oversight papers until Apr 2008 (that
date range was contained within the FOI request).

Yours sincerely,

Dave Orr

show quoted sections

Dear Information Governance,

To document your private email:

From: Information Governance
Sent: Tuesday, May 08, 2012 4:26 PM
To: redacted
Subject: FW: FOI reponse

Dear Mr Orr

Thank you for your email.

We are currently considering your request for the information regarding the total costs for each of the bids received from BT, Capita & IBM.

Owing to the unknown volume of information that may be involved we will consider your second item as a separate FOI request:

"Which Councillor body/committee/group undertook the negotiations between SCC & Police before the Police signed up in APRIL 2008 i.e. Sep 2007 to April 2008 and supply the relevant papers".

I will shortly send you a formal acknowledgement to this and assign it a record number for our coding system.

Yours sincerely

Information Governance Team
Client Services Team / A2W
County Hall
Taunton
Som

TA1 4DY

Tel: 01823-357194

Dear Somerset County Council,

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

I am writing to request an internal review of Somerset County Council's handling of my FOI request 'Project ISiS JMAP agendas, minutes & papers Jan'2007 to April 2008'.

I want an internal review of the redaction of the bid totals in the previously disclosed documentation. I believe that totals after bids have been made & the contract awarded, cannot be exempted under s41, unless the s41 exemption has passed this test:

"The conventional approach to the s.41 exemption has been to apply to the information the tests laid down in Coco v A.N.Clark (Engineers) Ltd. [1969 ] R.P.C.41.

One of the requirements is that the information “has the necessary quality of confidence about it” so as to make its disclosure actionable at the suit of the party from which it has been received.

If it does not have that quality, the fact that it is imparted under conditions imposing confidentiality does not make disclosure actionable.

Assuming that it does have that quality, the public interest issues then need to be judged".

======================================================
From: Information Governance
Sent: Thursday, June 07, 2012 2:08 PM
To: redacted
Subject: FOI response follow up question (BT, Capita and IBM bids)

Dear Mr Orr

This email relates to your follow up query (made on 02-05-2012) relating to your FOI request (made on 20-03-2012 Council ref 1965721 / Res 1346) in which you asked for the total cost for each of the bids received from BT, Capita and IBM.

We confirm that the information requested is held by Somerset County Council. However, we judge the information to be exempt under the Freedom of Information Act, and therefore we will not be providing it to you.

In withholding this information from you the Council is using the exemption s.41 found in the Freedom of Information Act which relates to information supplied in confidence.

If you feel your request has not been answered in sufficient detail or if you wish to clarify the information given, please contact me and I will be happy to address the issues you raise.

If you are not satisfied with the way we have dealt with your request, or the information you have received, you can ask for an internal review of our decision.

Please send your request to:

Peter Grogan
Corporate Information Governance Manager
Information Governance Team
Client Services Team
Resources Directorate / A2W
County Hall
Taunton
Somerset
TA1 4DY or email redacted

We will carry out an internal review and we will write to you with the results of our investigation.
======================================================

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

Yours faithfully,

Dave Orr

Peter Grogan, Somerset Council

Dear Mr Orr

Thank you for your request for an Internal Review of FOI request
concerning the application of Section 41 exemption to

'Project ISiS JMAP agendas, minutes & papers Jan 2007 to April 2008'.

I shall be dealing with this in due course

Regards

Peter Grogan

Information Governance Manager

Somerset County Council

A2W County Hall

Taunton

TA1 4DY

 

01823 357175 (Office)

07500 882481 (Mobile)

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Peter Grogan, Somerset Council

1 Attachment

Dear Mr Orr

Please find attached my Internal Review of your Freedom of Information
Request concerning the redaction of tender figures and the use of the
Section 41 exemption

<<Int Review SAP Tender costs.doc>>

Regards

Peter Grogan

Information Governance Manager

Somerset County Council

A2W County Hall

Taunton

TA1 4DY

 

01823 357175 (Office)

07500 882481 (Mobile)

This email, and any attachments is intended solely for the individual to
whom it is addressed. It may contain personal and / or sensitive material
and should be handled according to the principles of the Data Protection
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if not protectively marked it can be regarded as UNCLASSIFIED.

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Dear Peter Grogan,

Errata in variant bid total for IBM?

As I understand, the variant bid was for extras over & above the standard bid to support "Beyond Excellence".

You would expect the variant bid to be higher than the standard bid. It is for Capita and BT but not IBM.

Please confirm that the IBM variant bid figure is correct.

Yours sincerely,

Dave Orr

Peter Grogan, Somerset Council

Dear Mr Orr

I can confirm that the variant bid is correct for IBM.

Regards

Peter Grogan
Information Governance Manager

01823 357175
07500 882481

show quoted sections

Dear Peter Grogan,

For complete clarity & proper understanding:

Can you confirm that the IBM standard bid figure is also correct?

As a simple list of variant deliverables (without costs or margins being disclosed) please simply list the IBM variant bid deliverables (such as Regional Data Centre, Iconic Building etc).

Yours sincerely,

Dave Orr

Peter Grogan, Somerset Council

Dear Mr Orr

I can confirm that the IBM standard figure is correct

With regards to the details of variant, this will take more time as I
will have to establish

a) that the information is held
b) that there are no further exemptions to be considered regarding the
details you have requested

Regards

Peter Grogan
Information Governance Manager

01823 357175
07500 882481

show quoted sections

Peter Grogan, Somerset Council

Dear Mr Orr

An update. This is to confirm that the documentation you requested has
been retrieved and is currently with the third parties who originally
supplied it to determine if there is any information they wish redacted

SCC will consider any request for redaction and if any of their
suggested exemptions are in the Councils opinion engaged

I will then be in apposition to release the information you requested

Thank you for your patience regarding this Internal Review

Regards

Peter Grogan
Information Governance Manager

01823 357175
07500 882481

show quoted sections

Dear Peter Grogan,

You have posted to the original FOI when another FOI (for Jan'2008 to April 2008 re Police admittance to SW1 when Somerset CC was Lead Partner) was created, but no matter.

=======================================================
I asked the following:

For your internal review, I would like an explicit conformation that email & document searches included:

a) All emails & documents in the period in question held for the Resources Director & s151 officer Roger Kershaw who had been awarded negotiating authority by the Council Leader & portfolio
holders.

b) All emails & documents in the period in question held for Legal Services (including emails & documents for Monitoring Officer David Corry and acting Legal Officer Meic Sullivan-Gould).

c) All emails & documents in the period in question held for Resources Portfolio Holder Councillor Sam Crabb (including personal emails used for SCC business as now under FOIA)- Councillor Sam
Crabb also held negotiating authority.

d) All emails & documents in the period in question held for Leader Councillor Jill Shortland (including personal emails used for SCC business as now under FOIA).

e) All emails & documents in the period in question held for Contract Manager Matt Jones.

f) Contract Grp Mgr Olli Woodhams was active in ISiS and SW1 formation at this time. Please confirm that Mr Woodhams has been interviewed.

======================================================

Can you please confirm that you will be contacting key Officers who have left Somerset CC and allowing them to apply redaction? How can this be on behalf of Somerset CC if they are no longer employed?

Please list all Officers & Councillors who are being consulted where relevant info has come up in the archive trawl?

Can I ask for a phased release of information as each Officer/Councillor is contacted as current employees/counsillors will be easier to contact than leavers.

If former Officers and the contract legal officer refuse to check for redaction, then how will the timely release of relevant information be made?

Yours sincerely,

David Orr.

Peter Grogan, Somerset Council

Dear Mr Orr

I apologise for attaching the response to the wrong WDTK case email
trail

With regard to the request detailed below I can assure you that progress
has been made and will respond to that and your subsequent enquiries in
due course

Regards

Peter Grogan
Information Governance Manager

01823 357175
07500 882481

show quoted sections

Peter Grogan, Somerset Council

Dear Mr Orr

Regarding the Internal Review of your request concerning SCC negotiations
with the ASPA in 2007-2008

I apologise for getting the response in the wrong WDTK email trail

Please find below an interim reply pending a full response

"Which Councillor body/committee/group undertook the negotiations
between SCC & Police before the Police signed up in APRIL 2008 i.e.
Sep 2007 to April 2008 and supply the relevant papers".

This is to confirm that emails and documents have been retrieved from the
Storage Area Network (SAN) and from the email archive (ZANTAS) for the
period you specified Sept 2007 – April 2008 using the key search criteria
of, Police, ASPA and ISIS for the officers and Councillors  you specified
in your subsequent detailed question.

Roger Kershaw, David Corry, Meic Sullivan-Gould,  Councilor Sam Crabb,
Councilor Jill Shortland, Matt Jones and Oliver Woodhams.

I can confirm that both Cllr Crabb and Cllr Shortland have confirmed that
they do not use their personal email for SCC business

I can also confirm that no ZANTAS email records exist for David Corry or
Meic Sullivan-Gould and that their email boxes have been deleted from the
mail servers in the normal course of records management and destruction.

I can also confirm that Oliver Woodhams has been interviewed on the
subject of your question.

With regard to the files and emails recovered these are now being examined
to ensure you receive those pertinent to the questions asked and the
criteria you specified in your FOI request

I apologise for the delay in responding to this FOI Internal Review, I
will make a full response in due course, thank you for your patience

================================================================

In response to your further questions

1. No officers who have left will be contacted with regard to redactions
as these will be made by the Council based on any information the Council
still holds and any exemptions the Council considers are engaged.

2. The Officers and Councillors being consulted are those listed in your
request plus a number of accountants and contract officers who will look
over the documentation.

3. As stated above no officers who have left will be contacted in relation
to this request.

4. As no leavers are being contacted, no additional time will be taken
over redaction. Examination will be made of the documents and any
redaction will be carried out by SCC officers currently in post.

I hope this answers your questions

Regards

Peter Grogan

Information Governance Manager

Somerset County Council

A2W County Hall

Taunton

TA1 4DY

 

01823 357175 (Office)

07500 882481 (Mobile)

This email, and any attachments is intended solely for the individual to
whom it is addressed. It may contain personal and / or sensitive material
and should be handled according to the principles of the Data Protection
Act 1998. If this email carries a protective marking of PROTECT or
RESTRICTED in the header it should be handled according to HMG guidelines,
if not protectively marked it can be regarded as UNCLASSIFIED.

If this Email has been misdirected, please notify the author immediately.
If you are not the intended recipient you must not disclose, distribute,
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and all copies must be deleted immediately. 

Whilst we take reasonable steps to try to identify any software viruses,
any attachments to this email may nevertheless contain viruses which our
anti-virus software has failed to identify.  You should therefore carry
out your own anti-virus checks before opening any documents.  Somerset
County Council will not accept any liability for damage caused by computer
viruses emanating from any attachment or other document supplied with this
email.

All GCSx traffic may be subject to recording and / or monitoring in
accordance with relevant legislation.

Peter Grogan, Somerset Council

Dear Mr Orr

Regarding the Internal Review of your request concerning SCC negotiations
with the ASPA in 2007-2008

"Which Councillor body/committee/group undertook the negotiations
between SCC & Police before the Police signed up in APRIL 2008 i.e.
Sep 2007 to April 2008 and supply the relevant papers".

This is to confirm that emails and documents have been retrieved from the
Storage Area Network (SAN) and from the email archive (ZANTAS) for the
period you specified Sept 2007 – April 2008 using the key search criteria
of, Police, ASPA and ISIS for the officers and Councillors  you specified
in your subsequent detailed question.

Roger Kershaw, David Corry, Meic Sullivan-Gould,  Councilor Sam Crabb,
Councilor Jill Shortland, Matt Jones and Oliver Woodhams.

I can confirm that both Cllr Crabb and Cllr Shortland have confirmed that
they do not use their personal email for SCC business

I can also confirm that no ZANTAS email records exist for David Corry or
Meic Sullivan-Gould and that their email boxes have been deleted from the
mail servers in the normal course of records management and destruction.

I can also confirm that Oliver Woodhams has been interviewed on the
subject of your question.

With regard to the files and emails recovered these are now being examined
to ensure you receive those pertinent to the questions asked and the
criteria you specified in your FOI request

I apologise for the delay in responding to this FOI Internal Review, I
will make a full response in due course, thank you for your patience

Regards

Peter Grogan

Information Governance Manager

Somerset County Council

A2W County Hall

Taunton

TA1 4DY

 

01823 357175 (Office)

07500 882481 (Mobile)

This email, and any attachments is intended solely for the individual to
whom it is addressed. It may contain personal and / or sensitive material
and should be handled according to the principles of the Data Protection
Act 1998. If this email carries a protective marking of PROTECT or
RESTRICTED in the header it should be handled according to HMG guidelines,
if not protectively marked it can be regarded as UNCLASSIFIED.

If this Email has been misdirected, please notify the author immediately.
If you are not the intended recipient you must not disclose, distribute,
copy, print or rely on any of the information contained in it or attached,
and all copies must be deleted immediately. 

Whilst we take reasonable steps to try to identify any software viruses,
any attachments to this email may nevertheless contain viruses which our
anti-virus software has failed to identify.  You should therefore carry
out your own anti-virus checks before opening any documents.  Somerset
County Council will not accept any liability for damage caused by computer
viruses emanating from any attachment or other document supplied with this
email.

All GCSx traffic may be subject to recording and / or monitoring in
accordance with relevant legislation.

Dear Peter Grogan,

Can you confirm that:

a) You have searched all manual records for the Monitoring Officers (County Solicitors), whose email records about a key decision for the Police to join SW1 (via an SCC £5m loan & £2m writedown) have been potentially improperly deleted, simply because they left SCC employment.

b) You will also be interviewing Cllr.Crabb, as he held delegated negotiating powers as Resources Portfolio Holder (alongside the previous s151 Officer Mr Roger Kershaw) for these key decision matters, to which the FOIs refer.

I have today written to the SCC Leader and key SCC s151 and Monitoring Officers about the deletion of relevant legal records about this key decison:

=======================================================

From: Dave Orr
Sent: Saturday, July 21, 2012 11:04 AM
To: John Osman (Somerset County Council Leader)
Cc: Roger Conway; County s151 Officer; County Solicitor
Subject: URGENT: It appears that SCC have deleted legal records of a key decision to admit Police to SW1 (Sep'2007 - Apr'2008) via £5m loan (with £2m SCC write off).......

Dear Councillor Osman,

Over the past year, Mr Conway & I (as Somerset residents & taxpayers) have been trying to find out who (between Sep’2007 and April 2008) was involved in the key decision to admit the Police to SW1; apportion the £60m costs of SAP-based transformation with IBM through SW1; loan £5m from SCC to the Police on joining (with £2m solely at Somerset taxpayers risk –now lost & written off).

Key decisions of that financial magnitude should be taken at the highest Council level (both the elected Administration and the Officers). They should be properly recorded and should “pass muster” for value for money via the Treasurer (s151 Officer) and for legality via the County Solicitor (Monitoring Officer).

I have now received an email from the SCC Information Governance Manager (in response to an FOI) that says that all records of the two Monitoring Officers/County Solicitors involved (manual and electronic) have been deleted, even though they cover a 10-year contract with IBM for SW1 that is still running (until 2017) and we thought that relevant legal & decision records need to be kept a further 7 years from contract completion.

When were those “key decision” records improperly deleted? Which Council Officers were involved? Which Council Administration[s] were ultimately responsible?

This is now potentially a very serious matter of an “improper decision” on a major “key decision” (that then led to an undisputed loss of £2m of Somerset taxpayers money in favour of IBM/SW1 and the Police). The apparent deletion of legal records around this “key decision” may involve potentially improper or even illegal action[s].

If on completion of the FOI records trawl of both electronic and manual records, there is a failure to disclose (under the FOIA and other relevant Local Government Acts) a properly documented “key decision”, then we believe that there is no recourse other than to make a referral to the Local Government Ombudsman (LGO). This serious matter would also merit a referral to the Information Commissioners Office (ICO) for an investigation into proper record & information management at SCC.

These referrals may uncover actions that could involve breaches of the relevant Local Government Acts, potentially involving illegal actions.

Can I politely remind you of this pledge that you & your Conservative administration recently made in “The County Plan”:

“Be open and transparent and go beyond statutory duties to provide information on costs and decision-making to our residents”

I am referring this matter to you as Leader of SCC, to see if this can be properly resolved within the FOI release, without the need for further investigations, thereby avoiding the additional public cost of referrals to the LGO and ICO.

Yours sincerely,

David Orr.
pp Roger Conway.

cc s151 & Monitoring Officers for SCC

Peter Grogan, Somerset Council

Dear Mr Orr

I have looked at your supplementary question attached to this request
and consider the most appropriate response is to release to you all the
Variant Bid information.

The information is not held as you describe as a simple list but is
rather an aggregation of several strands of activity for which a number
of documents were submitted by IBM that reflect the full extent of the
variant bid. As the number and size of the documentation exceed
allowable email attachments I have assembled them onto a USB memory
stick.

A number of redactions have been made, these redactions are indicated in
the documentation where they occur in the text of each document. The
redactions have been made under Sections 40 (2) Personal Data and
Section 43 (2) Commercially Sensitive Information of the Freedom of
Information Act.

Would you like to collect the memory stick from county Hall or have it
sent to you in the post?

I hope you find the information helpful

Regards

Peter Grogan
Information Governance Manager

01823 357175
07500 882481

show quoted sections

Dear Peter Grogan,

Will collect from CH please.

Will this disclosure cover teh Police entry into SW1 key decsion?

Yours sincerely,

Dave Orr

Dear Peter Grogan,

Will collect from CH please.

Will this disclosure cover the Police entry into SW1 key decision?

Yours sincerely,

Dave Orr

Peter Grogan, Somerset Council

Dear Mr Orr

No this will not cover that question. I anticipate another release
shortly covering the decision to admit ASPA into SWOne

Regards

Peter Grogan
Information Governance Manager

01823 357175
07500 882481

show quoted sections

Dear Peter Grogan,

Can you confirm that the key decision disclosure for Avon & Somerset Police joining SW1 will include a copy of the "Deed of Accession"?

Yours sincerely,

Dave Orr

Peter Grogan, Somerset Council

Dear Mr Orr

The current documents being prepared under your FOI do not include the
"Deed of Accession" or the associated "Option Agreement". The release
has been focussed upon the search for emails and minutes of meetings

As these documents have not been considered for release to date they
have not been assessed for any 3rd party disclosures or exemptions.

Please could we proceed on the basis that SCC seeks to release what has
already been prepared and that I prepare the papers for a second release
at a later date to include the Deed of Accession and the Option
Agreement.

Yours Sincerely

Peter Grogan
Information Governance Manager

01823 357175
07500 882481

show quoted sections

Dear Peter Grogan,

I will accept a rapid but phased release of long overdue information.

a) All relevant documents found to date including the JMAP agendas, minutes and papers.

Will those released papers list JMAP membership for March 2007, Sep 2007 & April 2008? If not, please supply those JMAP membership details at the listed dates.

b) Other relevant documents for Police accession to SW1 as recently requested and any other relevant papers known to SCC.

Yours sincerely,

Dave Orr

Dear Peter Grogan,

I have examined papers already released for JMAP and I am only missing information for the Police joining period to April 2008.

Please disregard JMAP requests for Mar 2007 and Sep 2007.

Yours sincerely,

Dave Orr

Dave Orr left an annotation ()

The IBM variant bid documents for Somerset County Council in 2007 for the formation of South West One were released under FOI and have been posted to scribd:

http://www.scribd.com/DavidMOrr#

Peter Grogan, Somerset Council

Dear Mr Orr

Thank you for your recent emails I shall bear this in mind as the
information is being prepared for release

Yours Sincerely

Peter Grogan
Information Governance Manager

01823 357175
07500 882481

show quoted sections

Dear Peter Grogan,

I am missing JMAP papers after the end of Aug 2007.

In a Scrutiny Committee meeting minute dated 12/9/2007 it states tha JMAP will get a detailed synopis paper for the Police joining:

=======================================================

THE ISiS PROGRAMME – agenda item 5

It was stated that although some challenges remained, Officers were working and negotiating hard, a deal was close and, the ASC were on course to become signatories to the JVCo in November/December.

It was explained that it was important to note that the ISiS contract would be between the Councils, ASC and IBM; therefore it would be IBM that would carry the risk and responsibility to ensure that the agreed services were delivered. The Joint Member Advisory Panel (JMAP) would also be receiving a detailed synopsis.

=======================================================

Please supply missing JMAP "detailed synopsis" & other relevant papers.

Yours sincerely,

Dave Orr

Peter Grogan, Somerset Council

Dear Mr Orr

I have asked for a search to commence for the document (s) in question

Regards

Peter Grogan
Information Governance Manager

01823 357175
07500 882481

show quoted sections

Dear Peter Grogan,

Thank you for conducting a follow-up search for other relevant documents, to ensure that a proper key decision was taken (re Police joining SW1 & £61m of "transformation" cost sharing between public partners) in accordance with the SCC Constitution, Standing Orders, LGA & CIPFA best practice advice and all relevant Acts at that time.

Can you please confirm in writing that the email accounts and all relevant electronic correspondence for the following key Officers no longer exists and is therefore no longer available for FOI Act disclosure:

1. Senior Responsible Officer for Project ISiS (that led to SW1 contract with IBM) and s151 (Treasurer) Roger Kershaw.

2. County Solicitor & Monitoring Officer David Corry.

3. Contract Management Team Lead Matthew Jones.

Yours sincerely,

Dave Orr

Dave Orr left an annotation ()

Sribd link to scans of internal emails (released under FOI) showing that Somerset County Council knew that a deal to get Avon & Somerset Police to join SW1 was a cross-subsidy to the Avon areas of the Police.

Additionally, KPMG recommended a payment from Avon & Somerset of £6.8m, when in the end a £5m loan was made to the Police by SCC and only £2.8m will be received.

This makes for a cross-subsidy from Somerset taxpayers to the Avon areas of the Police of £4m (£6.8m - £2.8m).

http://www.scribd.com/doc/104768672/Some...

Dear Peter Grogan,

When you reply about emails available for:

SRO/s151 Roger Kershaw
County Solicitor David Corry
Contract Manager for SW1 Matthew Jones

will you also explicitly state whether the email archives contain any relevant emails.

Can you please give a date for an end to the Internal Review.

Yours sincerely,

Dave Orr

Peter Grogan, Somerset Council

Dear Mr Orr

1.      I can confirm that David Corry's email account has been deleted

2.      I can confirm that email accounts for Roger Kershaw and Matthew
Jones still exist

3.      I can confirm that both Roger Kershaw's email account and Matthew
Jones' email account have been searched and no email pertaining to the
subject of ASPA joining  SWOne was held in these accounts.

I have been deferring a closure on the Internal Review until we had
concluded your supplementary questions. I appreciate that some may not be
answered to your satisfaction but it is difficult to conclude the review
with outstanding issues.

Please could you confirm that you have no more supplementary questions on
this subject and I will then be able to complete the review.

If you do have additional questions perhaps we could consider these as a
new FOI request in order to facilitate the closure of this FOI?

How would you prefer to proceed?

Regards

Peter Grogan

Information Governance Manager

 

01823 357175

07500 882481

show quoted sections

Dear Peter Grogan,

After much forebearance & patience on my part, I need to move on from this FOI and pursue another matter.

Unless relevant "pink" (confidential) committee papers will be released under this FOI very shortly, then I can see no point in holding up a close of the FOI.

Yours sincerely,

Dave Orr

Peter Grogan, Somerset Council

Dear Mr Orr

1.      I can confirm that David Corry's email account has been deleted

2.      I can confirm that email accounts for Roger Kershaw and Matthew
Jones still exist

3.      I can confirm that both Roger Kershaw's email account and Matthew
Jones' email account have been searched and no email pertaining to the
subject of ASPA joining  SWOne was held in these accounts.

Regards

Peter Grogan

Information Governance Manager

 

01823 357175

07500 882481

show quoted sections

Dear Peter Grogan,

I will regard your last response as bringing the Internal Review to a close, apart from posting the final letter for the Internal Review.

I will be contacting the County Solicitor to move forward into a referral to the Local Government Ombudsman.

I believe that this FOI and Appeal through Internal Review constitute a Stage 1 and Stage 2 complaint.

Yours sincerely,

Dave Orr

Peter Grogan, Somerset Council

1 Attachment

Dear Mr Orr

Having discussed the SCC complaints procedure with Liz Watts our complaints manager I have been advised to send you the following leaflet and to direct any complaint directly to her rather than to the County Solicitor.

Yours Sincerely

Peter Grogan
Information Governance Manager

01823 357175
07500 882481

show quoted sections

Dear Peter Grogan,

I have already referred this matter to the Leader and Monitoring Officer.

I warned that I would take this route some weeks back (Letter to Leader documented in this FOI) if evidence of a "proper key decison" was not uncovered or disclosed.

I would respectfully suggest that a matter of this gravity & seriousness is now well beyond a typical complaints form and procedure.

Yours sincerely,

Dave Orr

Dear Peter Grogan,

Latest relavant email communications:

=======================================================
From: David Orr <[email address]>
To: Honor Clarke <[email address]>
Cc: John Wilkins <[email address]>, Peter Grogan <[email address]>, Roger Conway <[email address]>, John Osman <[email address]>, Andrew Govier <[email address]>
Sent: Thursday, 13 September 2012 14:20:49 GMT+00:00
Subject: RE: Local Gov Ombudsman referral of "improper key decision": Pls confirm that we can treat the FOI and Internal Review (of the FOI) as completing SCC Stage 1 and Stage 2 complaints procedure .

Can I please clarify.

1. You are confirming that there are no records, incl pink sheets, of any committee or leader/portfolio holder key decision re Police joining SW1 & that SRO/s151 Roger Kershaw alone took the key decision.

2. The Info Mgr Peter Grogan has completed all o/s searches.

3. I have explicit SCC permission to go to the LGO with foi & review counting as completion of SCC Stage 1 & 2 complaints.

Regards,

Dave.

-----Original message-----

From: Honor Clarke <[email address]>
To: Dave Orr <[email address]>
Sent: Thursday, 13 September 2012 14:00:17 GMT+00:00
Subject: RE: Local Gov Ombudsman referral of "improper key decision": Pls confirm that we can treat the FOI and Internal Review (of the FOI) as completing SCC Stage 1 and Stage 2 complaints procedure .

I understand that you have only recently sent in the supplemental questions you wanted responses to and that the Information Governance Officer has now completed the Internal Review. All disclosable information has now been provided.

If you remain unsatisfied, you are able to refer the matter to the Local Government Ombudsman if you so wish.

I am sending copies of the SCC constitution as requested in a separate email.

Honor Clarke
Deputy County Solicitor
Legal Services
Somerset County Council
=======================================================

For the correct record Mr Grogan, can you please post the Internal Review to this (split off) FOI.

As Info Mgr, can you confirm that no key decision information exists, whether disclosable or exempt (under the FOIA), re Police joining SW1 (as above).

I would respctfully remind SCC that the FOIA requires you to say whether you hold the information requested or not.

Yours sincerely,

Dave Orr

Peter Grogan, Somerset Council

Dear Mr Orr

I understand you have received a communication from our Legal Services
that have answered your questions below, for completeness I have attached
them to WDTK FOI enquiry.

Your questions:

    

     1. You are confirming that there are no records, incl pink
sheets,

     of any committee or leader/portfolio holder key decision re
Police

     joining SW1 & that SRO/s151 Roger Kershaw alone took the key

     decision.

SCC response "I can confirm that we have not found any such records"

    

     2. The Info Mgr Peter Grogan has completed all o/s searches.

SCC response "I can confirm this"

    

     3. I have explicit SCC permission to go to the LGO with foi &

     review counting as completion of SCC Stage 1 & 2 complaints.

SCC response - "I will not be objecting to you going to the LGO.  It
is not appropriate for the Council to give you permission."

Yours Sincerely

Peter Grogan

Information Governance Manager

 

01823 357175

07500 882481

show quoted sections

Dear Peter Grogan,

For completeness, can you post the Internal Review to this FOI please.

Yours sincerely,

Dave Orr