Dear Aberdeen City Council,

Further to an appointment I had made for this afternoon with A. Donald to examine the Officers' register of interests which was cancelled, I am directed to make an FOI request to access the desired information.

1. I wish sight of the officers' register of interests (NB - I do not know if this is the official title you use for the document; the title seems to be understood by A Donald and the city's legal team, which insisted my appointment be cancelled. I will refer to this as the OROI for simplicity's sake). If I cannot have access to the full OROI with any personal details redacted but showing all interests and hospitality , I require an explanation of same. If I cannot have access to the full OROI, then I require entries with any personal details redacted but showing all interests and hospitality for: Pete Leonard, Gordon McIntosh, Sinclair Laing, Angela Scott and Ian Talboys. Where no record held for any of these individuals, indicate.

2. How many officers appear on the current OROI? How many pages does your current OROI run to - including currently employed officers only - not any leavers/retirees?

3. Please send a blank template of the information that officers would fill in to make an entry in the OROI. Does this template, if it exists, request personal data?

4. Supply all correspondence in the month of September through the current date concerning my request to access the OROI. This may include emails, memos, etc. between A. Donald of Legal and Democratic Services and the legal department, the individuals names in Item 1 above.

Yours faithfully,

Suzanne Kelly

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Ms Kelly,

 

Thank you for your request for information, made under Section 1(1) of the
Freedom of Information (Scotland) Act (FOISA), and received on 6 September
2016.

 

We would like to ask you to clarify your request so that we can identify
and locate the information which you have requested. Under Section 1(3) of
the FOISA, we do not have to supply you with the requested information
until you have provided us with more detail in this respect.

 

I wish sight of the officers' register of interests.  If I cannot have
access to the full OROI with any personal details redacted but showing all
interests and hospitality , I require an explanation of same.  If I cannot
have access to the full OROI, then I require entries with any personal
details redacted but showing all interests and hospitality for:  Pete
Leonard, Gordon McIntosh, Sinclair Laing, Angela Scott and Ian Talboys. 
Where no record held for any of these individuals, indicate.

 

2.  How many officers appear on the current OROI?  How many pages does
your current OROI run to - including currently employed officers only -
not any leavers/retirees?

 

The register of interests are held for a considerable period of time,
going back at least 9 years. As such, we have concerns that this part of
your request may be refused under excessive cost. So that we are able to
provide you with the most relevant information you are interested in, we
would be extremely grateful if you could clarify a timeframe for your
request? For example, sight of the officers’ register of interests for the
last financial year, last 12 months, last 2 years etc.?

 

Clarifying these points will help us to be sure we are providing, where
possible, the information you are interested in.  Please note we will keep
your request on file for 20 working days whilst we await your
clarification.  It can often be helpful to discuss your request with a
member of our team who may be able to help you frame your request or
explain more about how ACC holds its information; if this is something you
feel may be helpful please do call us, and we will be happy to assist you.

 

We look forward to hearing from you.

 

Yours sincerely,

 

Grant Webster

Information Compliance Officer

 

 

Information Compliance Team
Communications and Promotion
Office of Chief Executive
Aberdeen City Council
Room 1-24
Town House
Broad Street
ABERDEEN AB10 1AQ

[1][Aberdeen City Council request email]
01224 523827/523602

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[2]www.aberdeencity.gov.uk

 

 

References

Visible links
1. mailto:[Aberdeen City Council request email]
2. http://www.aberdeencity.gov.uk/

Dear Foi Enquiries,

I am amazed at what can only be seen as a delaying tactic. My enquiry already narrowed the scope and your question is simply time-wasting. I specified " If I cannot have access to the full OROI, then I require entries with any personal details redacted but showing all interests and hospitality for: Pete Leonard, Gordon McIntosh, Sinclair Laing, Angela Scott and Ian Talboys. "
You ARE able to supply information for these people, even if it goes back 9 years (Angela Scot is a new addition to the council; even if the rest of these people have interests going back 9 years, you must have been able to locate it, redact where necessary and supply by now: please do so without further delay.

I hope you have been made aware of the situation; if not here is the background. Alison Donald was to let me see the register of officers' interests; we had an appointment which was abruptly cancelled hours before it was to take place on 6 September. The legal arm of the council had intervened and insisted the material had to be checked for personal data first. I told her in no uncertain terms that if I had to do a FOI request to get this and found the sadly typical council stalling tactics used (has ACC ever once answered a FOI within the normal deadlines or without asking stalling questions I wonder?), I would write a very unfavourable news report and news release. I consider you have deliberately stalled; the question was clear, and that you are able to produce this information now.

If you are going to claim that the records for the persons named are so very long and arduous to redact that considerable time would be taken, then do so immediately so I can request a review of the extraordinarily poor handling of yet another request. This is highly disappointing, particularly in light of recent council decisions (P&J free rent in Marischal Square) and scandal (the crematorium issue). I look forward to seeing what kind of stumbling blocks and delays await me now, and I will report on the situation as it stands widely.

Yours sincerely,

Suzanne Kelly

Dear Foi Enquiries,
Before any more time goes by, can I please have a response? I do hope the entries in the register are dated - it will be interesting to see what has been added since I made my initial request to see them - quite some time ago now - this delay is unacceptable in what should be a record the public must surely have a right to see.

Yours sincerely,

Suzanne Kelly

Foi Enquiries, Aberdeen City Council

2 Attachments

Dear Ms Kelly,

 

Thank you for your information request of 14 September 2016.  Aberdeen
City Council (ACC) has completed the necessary search for the information
requested.

 

all interests and hospitality for:  Pete   Leonard, Gordon McIntosh,
Sinclair Laing, Angela Scott and Ian Talboys.

Please see attached.

 

Please note that third party names and personal details, as well as the
names of ACC Officers who are below Head of Service level have been
redacted (blacked out) from the attached reports. This is because ACC
considers that this information is excepted from disclosure. In order to
comply with its obligations under the terms of Section 16 of the FOISA,
ACC hereby give notice that we are refusing your request under the terms
of Section 38(1)(b) in conjunction with 38(2)(a)(i) – Personal Information
- of the FOISA.

 

In making this decision ACC considered the following points:

 

ACC is of the opinion that Section 38(1)(b) applies to the information
specified above as the information in question is personal information
relating to living individuals, and the applicant is not the data subject.

 

ACC is of the opinion that Section 38(2)(a)(i) applies, as ACC considers
that disclosure of this information would be a breach of the first Data
Protection Principle (that personal information must be processed fairly
and lawfully). Third parties named within the attached document and ACC
Officers below Head of Service level would not expect ACC to release this
information about them into the public domain under the FOISA.

 

We hope this helps with your request.

 

Yours sincerely,

 

Grant Webster

Information Compliance Officer

 

INFORMATION ABOUT THE HANDLING OF YOUR REQUEST

 

ACC handled your request for information in accordance with the provisions
of the Freedom of Information (Scotland) Act 2002. Please refer to the
attached PDF for more information about your rights under FOISA.

 

 

Information Compliance Team
Communications and Promotion
Office of Chief Executive
Aberdeen City Council
Room 1-24
Town House
Broad Street
ABERDEEN AB10 1AQ

[1][Aberdeen City Council request email]
01224 523827/523602

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[2]www.aberdeencity.gov.uk

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. mailto:[Aberdeen City Council request email]
2. http://www.aberdeencity.gov.uk/

Dear Foi Enquiries,
Thank you for supplying HOSPITALITY information. Let us now please return to my request as it was written - I want the INTERESTS as well of the persons named in my clarification. If you are not keeping a register of what the business interests are for these officers, please advise.
Un less I am unable to see it on this website, you have not supplied an answer to my Question No. 4 either.
ACC has officers without side business interests. It is in the public interest to know what these interests are and to ensure that no conflicts arise.

Yours sincerely,

Suzanne Kelly

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Ms Kelly,

 

Thank you for your email which we received on 7 October 2016. The extracts
you received were extracted from ACC’s Register of Interests. As this is
the document you referred to in your request, we provided the information
you requested. I apologise that your request was not clear to us.

 

To aid any future requests, I have attached a Guidance for Requesters
note. This is a document created by the Scottish Information Commissioner
to aid people when making requests. It covers such things as making sure
that your request is clear and understandable, and making sure that the
tone of your request is clear and appropriate to avoid confusion or delay.

 

I apologise that a response to Q4 was not provided. During the
clarification process we undertook to try and make sure we were able to
provide you with as much information as possible from our Register of
Interests and your subsequent response, the details of Q4 were missed. It
was assumed that the full scope of your request was on the Register of
Interests and we focused our attention there. I will ensure that a
response to Q4 is provided to you as soon as possible.

 

In relation to the Register of Interests, we are satisfied that we
provided you with what you asked for. However, if in fact you are actually
asking for a list of all recorded business interests for the previously
mentioned officers, please confirm with us as soon as possible. We will
then treat that as a new request for information. To aid processing, I
have drafted your request as below:

 

‘Dear Sir,

 

I would be extremely grateful if you could provide me with a recorded list
of business interests for the following officers:

 

Pete Leonard

Gordon McIntosh

Sinclair Laing

Angela Scott

Ian Tallboys

 

I would be extremely grateful if this list could be as up-to-date as
possible.’

 

We look forward to hearing from you.

 

Yours sincerely,

 

Grant Webster

Information Compliance Officer

 

Information Compliance Team
Communications and Promotion
Office of Chief Executive
Aberdeen City Council
Room 1-24
Town House
Broad Street
ABERDEEN AB10 1AQ

[1][Aberdeen City Council request email]
01224 523827/523602

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[2]www.aberdeencity.gov.uk

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. mailto:[Aberdeen City Council request email]
2. http://www.aberdeencity.gov.uk/

Dear Foi Enquiries,

Thank you for your reply. Firstly, there is a difference between a register of interests, and a record of hospitality received. This difference is appreciated and employed by Aberdeen City Council when it comes to elected members; their expenses and hospitality are recorded - and they are required to complete what Aberdeen City Council - and I - call a Register of Interests. This clearly includes business interests, as shown in this sample entry for Aileen Malone http://committees.aberdeencity.gov.uk/do...

The document you sent me is not on a par with what a register of interests is. It barely shows any interests for the officers I named, merely what gifts/entertainment they had.

If the city council has collected this information, that is what I am after. If it has not kept tabs on the outside interests of its officers, I consider that a serious failing, one which needs to be addressed. Please clarify.

I look forward to receiving as first requested a register of interests showing all interests of those I named - this would clearly include the subset of business interests.

Thank you in advance for your swift supply of same and answering my Question 4, now rather overdue.

Yours sincerely,

Suzanne Kelly

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Ms Kelly,

 

Information enquiry reference FOI-16-1358.

 

Thank you for your recent request for information, which we received on 18
October 2016.   

 

Can you confirm your request is as below:

 

I would be extremely grateful if you could provide me with a register of
interests (not gifts/hospitality) for the following officers:

 

Pete Leonard

Gordon McIntosh

Sinclair Laing

Angela Scott

Ian Tallboys

 

I would be extremely grateful if this list could be as up-to-date as
possible.

 

The scheduled date for our response to your request for information is on
or before 15 November 2016.

 

Please do not hesitate to contact us should you have any queries in the
meantime.

 

Yours sincerely,

 

Grant Webster

Information Compliance Officer

 

 

Information Compliance Team
Communications and Promotion
Office of Chief Executive
Aberdeen City Council
Room 1-24
Town House
Broad Street
ABERDEEN AB10 1AQ

[1][Aberdeen City Council request email]
01224 523827/523602

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[2]www.aberdeencity.gov.uk

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. mailto:[Aberdeen City Council request email]
2. http://www.aberdeencity.gov.uk/

Dear Foi Enquiries,

I confirm you have my request correctly, but as you asked for clarification, I expect the response to my request will show what if any businesses these people are involved with, e.g. as directors, board members, shareholders.

Yours sincerely,

Suzanne Kelly

Foi Enquiries, Aberdeen City Council

2 Attachments

Dear Ms Kelly,

 

Please accept our sincere apologies for missing the following question
from your information request of 14 September 2016.  Aberdeen City Council
(ACC) has completed the necessary search for the information requested.

 

Supply all correspondence in the month of September through the current
date concerning my request to access the OROI.  This may include emails,
memos, etc. between A. Donald of Legal and Democratic Services and the
legal department, the individuals names in Item 1 above.

Please see attached.

 

Please note that third party names and personal details, as well as the
names of ACC Officers who are below Head of Service level have been
redacted (blacked out) from the attached. This is because ACC considers
that this information is exempt from disclosure. In order to comply with
its obligations under the terms of Section 16 of the FOISA, ACC hereby
give notice that we are refusing your request under the terms of Section
38(1)(b) in conjunction with 38(2)(a)(i) – Personal Information - of the
FOISA.

 

In making this decision ACC considered the following points:

 

ACC is of the opinion that Section 38(1)(b) applies to the information
specified above as the information in question is personal information
relating to living individuals, and the applicant is not the data subject.

 

ACC is of the opinion that Section 38(2)(a)(i) applies, as ACC considers
that disclosure of this information would be a breach of the first Data
Protection Principle (that personal information must be processed fairly
and lawfully). Third parties named within the attached document and ACC
Officers below Head of Service level would not expect ACC to release this
information about them into the public domain under the FOISA.

 

Please note that information contained within the email titled ‘RE:
Request to view Officers Registers of Interest’ sent on the 6 September
2016 at 10:49 (pg. 21 and 22 of the attached document) has been redacted.
This is because ACC considers that this information is exempt from
disclosure. In order to comply with its obligations under the terms of
Section 16 of the FOISA, ACC hereby give notice that we are refusing your
request under the terms of Section 36(1) – Confidentiality - of the FOISA.

 

In making this decision ACC considered the following points:

 

The information contained within the redacted element is legal advice
between ACC and its legal representative which was provided in confidence.
As such, a claim to confidentiality of communications could be maintained
in legal proceedings.

 

We hope this helps with your request.

 

Yours sincerely,

 

Grant Webster

Information Compliance Officer

 

INFORMATION ABOUT THE HANDLING OF YOUR REQUEST

 

ACC handled your request for information in accordance with the provisions
of the Freedom of Information (Scotland) Act 2002. Please refer to the
attached PDF for more information about your rights under FOISA.

 

 

Information Compliance Team
Communications and Promotion
Office of Chief Executive
Aberdeen City Council
Room 1-24
Town House
Broad Street
ABERDEEN AB10 1AQ

[1][Aberdeen City Council request email]
01224 523827/523602

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[2]www.aberdeencity.gov.uk

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. mailto:[Aberdeen City Council request email]
2. http://www.aberdeencity.gov.uk/

Dear Aberdeen City Council,

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

I am writing to request an internal review of Aberdeen City Council's handling of my FOI request 'Register of Officers' Interests' on the following grounds:

A. Your failure to correctly interpret this clear request for hospitality AND interests. You were asked:"1. I wish sight of the officers' register of interests (NB - I do not know if this is the official title you use for the document; the title seems to be understood by A Donald and the city's legal team, which insisted my appointment be cancelled. I will refer to this as the OROI for simplicity's sake). If I cannot have access to the full OROI with any personal details redacted but showing all interests and hospitality , I require an explanation of same. If I cannot have access to the full OROI, then I require entries with any personal details redacted but showing all interests and hospitality for: Pete Leonard, Gordon McIntosh, Sinclair Laing, Angela Scott and Ian Talboys. Where no record held for any of these individuals, indicate." - what you supplied eventually was a document showing hospitality. I specifically mentioned 'interests' - which would obviously include 'business interests'. " As you keep this data on the elected officials and call it a 'register of interests' eg http://committees.aberdeencity.gov.uk/mg... I reject your conclusion that you were unable to tell I would also want business interests when I asked for interests.

B. You were late again
C. You forgot to answer one of my questions, causing further delay
D. You reframed my request for me, but it does not add anything to my initial request other than the word 'business' - which of course would have been covered in my requesting 'interests'.
E. Your assertion that the cost would be prohibitive to get information on these individuals - please explain how this could be.
F. You should have provided the business interests at the same time you provided the hospitality details.
G. I asked for a form if any is used such as councillors use http://committees.aberdeencity.gov.uk/mg... to collect the requested data; I do not seem to have received this or a sufficient explanation as to status /existence.
H. If you are not collecting this data, there is a very real risk you are not ensuring there are no conflicts of interest. Having recently seen the private business interest of one of your officers promoted by the City Council in one of its publications without the City making this link plain to the public, the public needs this information to be given to me without any further delay.

I look forward greatly to your explanation of how you determined that 'interests' did not include 'business interests'.

Yours

Suzanne Kelly

By way of background for the Information Commission when they eventually

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

Yours faithfully,

Suzanne Kelly

Foi Enquiries, Aberdeen City Council

5 Attachments

Dear Ms Kelly,

Thank you for your email.

On the 18th October 2016, you wrote to us in response to FOI-16-1168 (attached) explaining that you were requesting a copy of Aberdeen City Council Register of Interests and not just the record of hospitality provided to you at the time.

We acknowledged your email (attached) explaining that this will be treated as a new request we will respond on or before 15th November 2016. You then wrote to us on 22nd October 2016 (attached) confirming that you would like to be provided with any register of interests we may hold.

Once you have received a response to your request, please do not hesitate to contact us if you are not satisfied with the response.

Regards,

Information Compliance Team
Communications and Promotion
Office of Chief Executive
Aberdeen City Council
Room 1-24
Town House
Broad Street
ABERDEEN AB10 1AQ

01224 523827/523602

Tel 03000 200 292

*03000 numbers are free to call if you have ‘free minutes’ included in your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p per minute (the same as 01224s).

[2]www.aberdeencity.gov.uk

show quoted sections

Foi Enquiries, Aberdeen City Council

5 Attachments

Dear Ms Kelly,

The correct reference number for your request is FOI-16-1358.

Please accept my apologies for the error.

Regards,

Information Compliance Team
Communications and Promotion
Office of Chief Executive
Aberdeen City Council
Room 1-24
Town House
Broad Street
ABERDEEN AB10 1AQ

01224 523827/523602

Tel 03000 200 292

show quoted sections

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Ms Kelly,

 

Thank you for your information request of 18 October 2016.  Aberdeen City
Council (ACC) has completed the necessary search for the information
requested.

 

I would be extremely grateful if you could provide me with a register of 
interests (not gifts/hospitality) for the following officers:

Pete Leonard

Gordon McIntosh

Sinclair Laing

Angela Scott

Ian Tallboys

 

I would be extremely grateful if this list could be as up-to-date as 
possible.

ACC does not hold a register of interests for officers. There is however a
register of interests for elected members.

 

ACC is unable to provide you with information on a register of  interests
(not gifts/hospitality) for the following officers: Pete Leonard, Gordon
McIntosh, Sinclair Laing, Angela Scott, Ian Tallboys as it is not held by
ACC.  In order to comply with its obligations under the terms of Section
17 of the FOISA, ACC hereby gives notice that this information is not held
by it. 

 

We hope this helps with your request.

 

Yours sincerely,

 

Grant Webster

Information Compliance Officer

 

INFORMATION ABOUT THE HANDLING OF YOUR REQUEST

 

ACC handled your request for information in accordance with the provisions
of the Freedom of Information (Scotland) Act 2002. Please refer to the
attached PDF for more information about your rights under FOISA.

 

 

Information Compliance Team
Communications and Promotion
Office of Chief Executive
Aberdeen City Council
Room 1-24
Town House
Broad Street
ABERDEEN AB10 1AQ

[1][Aberdeen City Council request email]
01224 523827/523602

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[2]www.aberdeencity.gov.uk

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. mailto:[Aberdeen City Council request email]
2. http://www.aberdeencity.gov.uk/

Dear Foi Enquiries,

You wrote: "ACC is unable to provide you with information on a register of  interests
(not gifts/hospitality) for the following officers: Pete Leonard, Gordon
McIntosh, Sinclair Laing, Angela Scott, Ian Tallboys as it is not held by
ACC.  In order to comply with its obligations under the terms of Section
17 of the FOISA, ACC hereby gives notice that this information is not held
by it. "

Please confirm that you do not at any time request officers to reveal any outside business interests they have. I do not care whether you call this a register of interests - that was terminology t hat I was led to use when trying to obtain information on what business interests your officers have.

If in fact you are not at any point asking for this information and are not keeping a record of it, then how do you manage to adhere to SOX requirements, avoid conflict of interests and ensure that no one is using their position to further their own ends ?

Confirmation that you do not hold such data and do not request it whether you call it a register of interests as some of your staff do is required to determine what my next course of action will be.

Yours sincerely,

Suzanne Kelly

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Ms Kelly,

 

Thank you for your email of 21 November 2016. Please see our response
below.

 

Please confirm that you do not at any time request officers to reveal any
outside business interests they have.

ACC does not hold a register of interests for officers. However, there are
rules and regulations in place which govern how officers with outside
interests must act.

 

Under ACC’s Standing Orders, it is a requirement for officers to ‘not be
present at a meeting of the Council while a contract or other matter in
which he/she has a pecuniary interest, direct or indirect, is under
consideration’ (25(1)).

 

In relation to property disposal to relatives of members and officers,
‘The member or officer shall when he/she intimates his/her interest in the
proposed transaction or as soon as he/she receives a proposal from the
Council or becomes aware of a proposal involving a relative or person in
the same household, give notice of the possible transaction to the Chief
Executive’ (49(2)).

 

Please see the link below to the full Standing Orders document:

 

[1]http://committees.aberdeencity.gov.uk/do...

Aberdeen City Council’s Employee Code of Conduct includes a section on
Conflicts of Interest which states,

 

‘As an employee of Aberdeen City Council, you must not allow any private
interest to influence your decisions. You must not use your position to
further your own interests or the interests of others who do not have a
right to benefit under the Council’s policies. You must not involve
yourself in any decision on allocation of Council services or resources
from which you or your family might benefit (e.g. allocation of council
housing or assessment of housing benefit, or processing a planning
application). You must refer such matters to your line manager
immediately.

 

‘Any private interest you have relating to the work of the Council must be
declared to your line manager. The interest may be a financial one for
you; one that a member of the public might reasonably think could
influence your judgement; or a financial interest that close family
members or people living in your household have in the work of the
Council. If you are a member of an organisation or club, and membership
might result in conflicts of interest in relation to any aspect of your
work with the council, you must declare this membership to your line
manager. If you are a member of a Community Council and an issue arises
that might result in a conflict of interest with your job role in the
Council, you are required to withdraw from any discussion or involvement
in that particular issue at the Community Council. If you are in any doubt
about whether a conflict of interest might apply, you are required to
discuss this with your Service Manager in advance.’

 

‘You must not use your position as an employee of the Council to lobby or
attempt to unduly influence any elected member on any issue that is
personal to you as a resident of Aberdeen or any issue relevant to your
employment by the Council. You must not engage in outside
employment/activities that would conflict with your Council duties or
affect your ability to perform your duties.’

 

All officers are required to make themselves aware of the Employee Code of
Conduct and adhere to its rules. Failure to do so may result in
disciplinary proceedings.

 

The full Employee Code of Conduct can be found here:

 

[2]http://committees.aberdeencity.gov.uk/do...

 

We hope this helps with your request.

 

Yours sincerely,

 

Grant Webster

Information Compliance Officer

 

 

INFORMATION ABOUT THE HANDLING OF YOUR REQUEST

 

ACC handled your request for information in accordance with the provisions
of the Freedom of Information (Scotland) Act 2002. Please refer to the
attached PDF for more information about your rights under FOISA.

 

 

Information Compliance Team
Communications and Promotion
Office of Chief Executive
Aberdeen City Council
Room 1-24
Town House
Broad Street
ABERDEEN AB10 1AQ

[3][Aberdeen City Council request email]
01224 523827/523602

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[4]www.aberdeencity.gov.uk

 

 

 

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. http://committees.aberdeencity.gov.uk/do...
2. http://committees.aberdeencity.gov.uk/do...
3. mailto:[Aberdeen City Council request email]
4. http://www.aberdeencity.gov.uk/

Dear Foi Enquiries,

Thank you for confirming that you keep no records per my request on officers. Please advise then who I can write to who is responsible for any breaches of this code that I can contact with a view to asking them to look into breaches.

Yours sincerely,

Suzanne Kelly

Foi Enquiries, Aberdeen City Council

Dear Ms Kelly,

 

Thank you for your email which we received on 9 March 2017.

 

I have been advised that you should write to the relevant Head of Service
or Director. Please see the link below for information on our
organisational structure to aid you in identifying the relevant Head of
Service or Director if required.

 

[1]http://www.aberdeencity.gov.uk/nmsruntim...

 

Furthermore, if you feel that a council or committee decision has been
taken while Standing Orders have been breached, you can contact Fraser
Bell, Head of Legal and Democratic Services.

 

Please feel free to contact me if you require contact details for any of
these officers.

 

Yours sincerely,

 

Grant Webster

Information Compliance Officer

 

Information Compliance Team
Communications and Promotion
Office of Chief Executive
Aberdeen City Council
3rd Floor North

Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[2][Aberdeen City Council request email]
01224 523827/523602

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[3]www.aberdeencity.gov.uk

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. http://www.aberdeencity.gov.uk/nmsruntim...
2. mailto:[Aberdeen City Council request email]
3. http://www.aberdeencity.gov.uk/

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