york@large (Culture WOW) membership rules - seeking clarification

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

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

The request was successful.

Dear City of York Council,

The period of membership for york@large is normally three years. Mr Patrick Kelly became chair in June 2013. But it is possible that he should have stepped down before that date, as the minutes for the meeting of September 2012 indicate that he was due to go. Three months later he was nominated as the new chair, with the approval of the outgoing chair, Diane Wilcocks.

If he was eligible, Mr Kelly should have taken over the chair during his three-year term, not after it had expired. Would you please be kind enough to tell me

1) when Mr Kelly joined york@large
2) when he should have resigned from york@large
3) how, if Mr Kelly should have left in 2012, he was allowed to assume the chair in June 2013

Yours faithfully,

Colin Hall

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

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

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

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

Regards
Customer Feedback Team

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Dear City of York Council,

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

I am writing to request an internal review of City of York Council's handling of my FOI request 'york@large (Culture WOW) membership rules - seeking clarification'.

The information I have requested should be a matter of record, and should be easily accessed by CYC and disclosed. It is an important matter of honesty in public office, respect for rules of governance, and the integrity of WOW. If all WOW board papers and minutes were published, this FOI request would be unnecessary (there is an overdue FOI request for that too).

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

Yours faithfully,

Colin Hall

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

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

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

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

Regards
Customer Feedback Team

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

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information.governance@veritau.co.uk,

Dear Mr Hall
 
Thank you for your request for a review of the Council’s handling of your
enquiry, CF6799.
 
We will contact you in due course.
 
Kind regards
 
Miriam Townsend
 
 
Miriam Townsend
Information Governance Officer
Veritau Ltd
Assurance Services for the Public Sector
Telephone 01609 536985
For further information about us visit our website - [1]www.veritau.co.uk
 
 
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information.governance@veritau.co.uk,

Dear Mr Hall
 
May I apologise for the time taken to provide this reply.
 
I see that the council has not replied to your request of 2 February 2014
about york@large (Culture WOW) membership rules. I have recommended that
it should immediately issue in writing 
 
•       a denial that it holds the information, or
•       a refusal to disclose it, or
•       disclosure of the information you requested, or
•       some combination of the above
 
Yours sincerely
Robert Beane
 
Information Governance Manager
Veritau Ltd
Assurance services for the public sector
telephone 01609 533219 (NYCC) or 01904 552933 (CYC)
For further information about us visit our website [1]www.veritau.co.uk
 
 

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Dear Mr Beane

Thank you for this update.

It is regrettable that my straightforward request for information that must be on record and be easily available has not been answered by City of York Council. This is a matter that relates to honesty and probity in public office.

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

Yours sincerely,

Colin Hall

information.governance@veritau.co.uk,

Dear Mr Hall

I have forwarded your message to council colleagues.

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

Yours sincerely
Robert Beane

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Dear [email address],

This request has been forwarded today to the Information Commissioner.

Yours sincerely,

Colin Hall

information.governance@veritau.co.uk,

18 Attachments

 
 
Dear Mr Hall
Further to your emails dated 13 December 2013, 17 January 2014 and 26
February 2014, which have been logged under reference number CF6799. 
Please find below and attached the information which the Council holds in
relation to your requests.
13 December 2013:
Would you please make publicly available all agendas, minutes and
associated papers for all WOW partnership boards and meetings? 
Recent papers have already been published. To backdate this work and
publish all papers on the website would be a huge task, which would take
many hours. The large amount of work involved would bring the cost of
answering the request over the amount to which we are legally required to
respond, ie the cost of locating and retrieving the information exceeds
the 'appropriate limit' as stated in the Freedom Of Information (Fees and
Appropriate Limit) Regulations 2004. 
17 January 2014:
Who took the decision to exclude Mr Kelly’s declaration of interest from
the published minutes of the December 2012 meeting? 
The Council holds no information with regard to there having been any
exclusion from the published minutes.
Why was that decision taken?
The Council holds no information with regard to there having been any
exclusion from the published minutes.
Were any other declarations of interest made by Mr Kelly? 
The Council holds no information with regard to any declarations of
interest.
Please disclose all emails and other correspondence concerning the
nomination and appointment of Mr Kelly as chair of [1]York@Large  and
concerning FOI request CF6274.
The Council holds no emails or correspondence relating to the nomination
or appointment of Mr Kelly. Please find attached the correspondence which
the Council holds relating to FOI request CF6274. Personal details have
been removed from these documents. We are withholding this information
under section 40 (2) of the Freedom of Information Act 2000 which exempts
personal information from disclosure if disclosure would breach one or
more principles of the Data Protection Act 1998. In this case we consider
that disclosure would breach the first principle, namely that personal
information must be fairly and lawfully processed and must meet one of the
conditions for processing as provided by schedule 2 of the Act. In this
case we consider that the disclosure would be unfair and unlawful and none
of the conditions for processing would be met.
 
26 February 2014:
When did Mr Kelly join [2]york@large?
The first mention of him being present as a member is in the minutes of 2
October 2008 (attached).
When should he have resigned from [3]york@large?
The only information held by the Council pertaining to Mr Kelly’s
retirement date is i) the constitution of York@Large (attached), ii)
membership review documents for 2012 and 2103 (attached), and the minutes
of the meetings of September and December 2012 (attached). 
How, if Mr Kelly should have left in 2012, was he allowed to assume the
chair in June 2013?
The circumstances surrounding Mr Kelly’s election as chair are set out in
the minutes on 4 December 2012 (attached).
 
Please accept the Council’s apologies for the delay in sending this reply.
 
If you are dissatisfied with our response you have the right to ask for a
review of how your enquiry was handled and responded to.   This can be
done by contacting us through [4][City of York Council request email] stating your reason(s)
why you are dissatisfied.  If after the investigation, you still remain
dissatisfied, you can contact the Information Commissioner, contact
details below:
 
 
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 08456 306060 or 01625 545745
Email: [5][email address]
 
 
Yours sincerely
 
Miriam Townsend
 
 
Miriam Townsend
Information Governance Officer
Veritau Ltd
Assurance Services for the Public Sector
Telephone 01609 536985
For further information about us visit our website - [6]www.veritau.co.uk
 
 
SAVE COSTS - PLEASE DON'T PRINT UNLESS YOU HAVE TO

VERITAU EMAIL DISCLAIMER

This communication is from a Veritau group company. Veritau provides
internal audit, counter fraud and information governance services and
other related assurance services to the public sector. Any opinions or
statements expressed in this e-mail are those of the individual and not
necessarily those of Veritau, or its clients.

The information contained within, and in any attachment(s), is
confidential and legally privileged. It is for the exclusive use of the
intended recipient(s). If you are not the intended recipient(s), please
note that any form of distribution, copying or use of this communication,
or the information within, is strictly prohibited and may be unlawful.
Equally, you must not disclose all, or part, of its contents to any other
person.

If you have received this communication in error, please notify the sender
at the above address, then delete and destroy all copies of it.

Veritau's computer systems and communications may be monitored to ensure
effective operation of the system and for other lawful purposes.

Although we have endeavoured to ensure that this e-mail and any
attachments are free from any virus we would advise you to take any
necessary steps to ensure that they are actually virus free.

Veritau disclaims any liability for action taken in reliance on the
content of this communication.

Veritau Limited (6794890) and Veritau North Yorkshire Limited (7931990)
are companies registered in England and Wales. The registered office for
both companies is West Offices, Station Rise, York, YO1 6GA.

Please visit the Veritau website [7]www.veritau.co.uk for details of each
company’s ownership.

References

Visible links
1. mailto:York@large
2. mailto:york@large
3. mailto:york@large
4. mailto:[City of York Council request email]
5. mailto:[email address]
6. http://www.veritau.co.uk/
7. http://www.veritau.co.uk/

Dear [email address],

Thank you for responding to this FOI request.

The papers you have provided indicate that the current chair of Y@L was not eligible for nomination as chair in December 2012, and that the rules of that board may have been deliberately subverted.

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

Yours sincerely,

Colin Hall

information.governance@veritau.co.uk,

Dear Mr Hall

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

Kind regards

Miriam Townsend

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

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Gwen Swinburn left an annotation ()

Mr Hall - you have sent this to the ICO but marked the request as successful - which it doesn't seem to be from what I see.
Gwen Swinburn

Colin Hall left an annotation ()

Dear Ms Swinburn
The responses I have received satisfy the request in so far as they reveal that the rules of York@Large were broken. That was all I wanted to know.

It is now for the ICO to decide whether an investigation should be held into who allowed this to happen, and why.

Best wishes

Colin Hall