Oakham Town Council Accounts 2015 - 2016
Dear Oakham Town Council,
I understand the reason for my request for a vote of confidence in the Clerk was turned down for this weeks
meeting. What I can not understand is why the Council is not holding a staffing committee ASAP to discuss the
way forward with this serious matter.
The Clerk has once again gone absent we now enter the second week
Although he is unwell he is popping in and out the office when it suits him.
If a person is ill it is not normal for them to pop in and out he needs to
remain away from the work place until he has fully recovered.
He has now missed two planned meetings arranged for him to answer questions
about the unlawful conduct and expenditure during this year accounts
period.
The Clerk is meant to be producing the end of year accounts with the added cost of
assistance from Street Accountants once again.
I asked a finance working group member to consider an accounts item be placed on this weeks
agenda. I note this has not been placed on the agenda.
I asked for this consideration due to the overspend last last year. I felt it would give the group
the opportunity to put before the council for approval all the cost they need so we did not get
a repeat of last year.
Can the council please call a special meeting to discuss the accounts and agree a plan of
action. So we do not have a repeat of last years circus.
Can I also suggest the council consider at that meeting that Streets Accountants take over the full role
of producing and auditing the accounts fully for 2015 -2016
I am concerned about the councils apparent lack of action regarding the situation we find ourselves in.
The Chairman Alf Dewis resigned for his unlawful conduct and spending, was the clerk was not aware
of the Mr Dewis's conduct? was the Clerk not the person who reminded Mr Dewis in August 2015
he was responsible for a unlawful payment? Was it the Clerk who responded to the Auditors questions
in a way that attempted to cover up and make it look like Mr Dewis's conduct was less serious than
it was?
Laws and financial regulations have continually been ignored throughout this financial year
When this has been raised by myself and others we have been ignored and obstructed from
carrying out our duties as Councillors.
Only yesterday ex Councillor Blanksby who had raised concerns about contracts and payments
told me he also asked to see contracts and invoices relating to Plantscape and the Clerk refused
As we know Mr Blanksby resigned from the Council shortly after this stating in his resignation
letter he was bullied.
Since raising my recent specimen objections with the finance working group and the Clerk
I have taken a closer look at the financial regulations and the laws governing us.
I find The Clerk failed to comply with financial regulation 11. a
h. a. Every contract shall comply with these financial regulations, and no exceptions shall be made otherwise than in an emergency provided that this regulation need not apply to contracts which relate to items (i) to (vi) below:
The Clerk failed to follow financial regulation 11. h. (a) he did not obtain three quotes for work carried out by Plantscape Ltd from 2013 - 2016
h. When it is to enter into a contract of less than £25,000 in value for the supply of goods or materials or for the execution of works or specialist services other than such goods, materials, works or specialist services as are excepted as set out in paragraph (a) the Clerk or RFO shall obtain 3 quotations (priced descriptions of the proposed supply); where the value is below £5,000 and above £1000 the Clerk or RFO shall strive to obtain 3 estimates. Otherwise, Regulation 10 (3) above shall apply.
All members of the council at the time led by the Clerk failed to follow financial 10.3. All members and Officers are responsible for obtaining value for money at all times. An officer issuing an official order shall ensure as far as reasonable and practicable that the best available terms are obtained in respect of each transaction, usually by obtaining three or more quotations or estimates from appropriate suppliers, subject to any de minimis provisions in Regulation 11 below.
Since the initial verbal agreement for the council use Plantscape Ltd from 2013 without a tendered contract or even a written contract approved by
this council the cost of the services greatly increased why?
No Authority To Pay No Contract
When all Councillors were contacted by the Clerk to seek permission to pay one of the Plantscape invoices
via email this was unlawful. No council business can be conducted via email, telephone or outside a
meeting. Some Councillors and the Clerk attended a training session where this was very clearly
stated before this incident happened.
I reminded the Clerk of this training.
I also asked the Clerk about a contract at the time he pretended he was looking for
it when he knew there was not one in place.
He admitted this when I told him I have the minutes from the 2012 meeting which agreed
a contract for one year only.
When I asked the Clerk why the council does not have a contract and why the invoices
from 2013 on-wards also increased in value he responded "I don't know"
I then asked that the invoice be presented for approval at the next council meeting
At first he said no because the payment was due in a few days it was a 30 day invoice.
After some discussion the Clerk said he would put it before council, this did not
happen at a later meeting I questioned the payment when it appeared on the list of
payments. The Clerk claim he forgot my telephone conversation, my email and visit
to the office. That does not matter because the payment made on the same day
breaches the local government act and is unlawful all payments of £5000 or
more need approval at Council that is why the CA payment is being considered for approval
this week.
Any Councillor who replied to the Clerk telling him to ignore me or any councillor
who gave written consent for the clerk to pay the invoice, should resign.
I request the office send me copies of all emails from any Councillor who
gave the Clerk consent to ignore the law and breach financial regulations.
I understand the Clerk has indicated he is considering taking the council to tribunal
if we take any action against him for unlawful conduct.
I am sure he will find if there are any emails consenting to unlawful request
handy at any tribunal.
The large over spend relating to last years freedom of entry organised by a working
group led by Cllr Adam Lowe.
The Clerk and the working group breached many financial regulations the obvious one is:
Working groups have no powers to increase spending previously agreed by council.
The Clerks response he has powers to approve the additional spending are not true
When the group and the Clerk found the cost of holding the event were passing the
figure approved by council they should have produced a report and submitted it to
council requested approval for additional funding.
12.2. Where contracts provide for payment by instalments the RFO shall maintain a record of all such payments. In any case where it is estimated that the total cost of work carried out under a contract, excluding agreed variations, will exceed the contract sum of 5% or more a report shall be submitted to the Council.
The Unlawful Spending and entering into an authorised contract with the employment solutions company.
The contract unlawfully agreed in the name of Cllr Alf Dewis was eventually overturned at Council.
The payments were unlawfully made when the Clerk returned to work in this financial year.
This activity seriously breaches many of the financial regulations and other laws governing Councillors
those laws were recently highlighted in the Grant Thornton Audit for 2014 -2015
Grant Thornton exercised their discretion when considering taking the council to the high court for the
unlawful conduct relating to the 2014 - 2016 accounts.
I am concerned they may not use this same discretion when considering the 2015 - 2016 objections.
I am often accused by former Cllrs of being Maverick or worse for attempting to carry out my duties
as Cllr. Those comments posted in the public domain will be sent to the auditor.
I am concerned the influence and comment from those former Cllrs is creating a break down
of governance at this council.
You only have to watch the video of one former Mayor to see that is the case when the Chairman
Cllr Alf Dewis permitted him to use public deputations to personally attack me.
He even suggested the accounts may contain some minor mistakes and gave the impression that
was acceptable. The Public accounts should contain no mistakes. And when a Cllr asks for an
audit of the accounts his or her proposal should not be thrown in the gutter as he proposed.
I would like to the council to consider suspending the Clerk when he returns to work so
a full investigation into the council accounts and apparent ignorance of laws and financial
regulations can be conducted unhindered.
This council paid Streets Accountants almost a year ago a considerable sum of money to
review our accounts and make recommendations. Many of those recommendations have not
been implemented.
The risk management was rushed through at the last meeting only because we were
this was highlighted in the Grant Thornton Audit report as failing.
The councils response to this failing, due to staff sickness is very poor. I don't think the Clerk
has been of sick all this year?
From
Martin Brookes
