by Cllr Adam Lowe Mayor. I guess like the employment contract ex Mayor Alf Dewis said he
would never agreed if he was on the council in 2004 the Clerks agreement is also a lot one sided.
Dear Oakham Town Council
Please could you answer the following questions.
Legal fees totally £420 were paid to CIR Law the solicitors acting for the former Clerk Richard White
Please can you provide me with the law that permits Oakham Town Council to pay for
an employees legal advice? It is my understanding that Mr White had joined a union. Did his
union not provide legal cover?
Please could Oakham Town explain why it did not use the services of a solicitor to check the
secret agreement drawn up between the council and the ex Clerks solicitor.
Please could Oakham town council let me know who signed this agreement and who gave
them the authority to sign it on behalf of the whole council, I was certainly not involved in
this process and did not see any agenda item asking the council to agree this secret agreement
which I have not seen I am told the clerk walked away from his job whislt he was signed of sick.
With £18,000 tax free and his legal fees paid.
I do not know who has been incompetent here, I can only think of Cllr Michael Haley who has
publicly objected to the council passing agreements to solicitors before the council accepts and
signs them. I refer to the RCC agreement to site the CCTV on our land. What legal qualifications
does Cllr Michael Haley have to make these decisions not to instruct solicitors to act on behalf of
the council?
From
Martin Brookes (Cllr OSE)
Thursday, November 17, 2016
Oakham Town Council Abuses Freedom of Information Act to Hide £18,000 unlawfully paid to Richard White Former Clerk
Oakham Town Council Abuses Freedom of Information Act to Hide £18,000 unlawfully paid to Richard White Former Clerk
I say unlawful because The Chairman Adam Lowe told member before they agreed to pay the
Clerk this taxpayers money in return for his resignation, he had broken the law and breached
the terms of his contract and ec Mayor Alf Dewis was to blame for this.
At this point Oakham Town Council member should never have agreed to pay a member
of staff to resign so in his own words he could leave with his head held up high.
This is not what tax payers money should be spent on.
The current Mayor yesterday said there is a signed agreement that this payment of £18,000 should
remain secret and I could be taken to court by the ex Clerks solicitors. As I was unlawfully excluded from the meetings held in the locked office, when apparently this was agreed and the council has
refused my right to inspect the minutes. I produce my blog on the basis of of what Cllrs and members
of the public have told me and the comments I heard the Mayor Cllr Adam Lowe make from
outside the door.
Also unlawful because the payments over £5000 were not approved by full council as
a single agenda. If what the Mayor is telling me is correct then the Council entered
into a contract with Mr White and the required notices should have been published
a legal requirement of all parish councils when they enter into a contact with a value of
£5000 or more. This was one of the failings of the clerk that led to his employment issues.
And because the Mayor Cllr Adam Lowe said the was unlawful activity conducted by the ex Clerk I use my rights and protections afforded to me as whistle blower and also the public interest act.
The law also states the chairman and deputy of the council have no more rights
than any other council, if that is the case why are they permitted to see copies
of the public statements without the content being redacted?
Dear Allison
Thank you for sending me a copy of the statement I requested.
I hope this statement has been sent to all members?
I still wish my question to be submitted for the next meeting.
Supplying this statement shows how daft people like Cllr Michael Haley are.
You redact the figure paid that is not personal details and I believe the council
is abusing the freedom of information act to block rights afforded to members and
electors via the audit act and my request to inspect the original statement stands.
The reason I say people like Michael Haley are daft because as the sole person
who works on finance matters and wit holds internal and external audit reports
from full council for over seven months he has not instructed you redact anyone
else's personal details. I suggest he actually knows this would be unlawful.
A quick balance calculation shows the payment total £18,000 This is not
personal information this is tax payers money paid to the ex Clerk tax
free even though The Chairman told members he had broken the law and breached
his contract.
Why has Mr Adrian Spurdl's name and amount not been redacted? I could point out others.
Mr Spurdl who is paying of a tiny amount of his commercial
rent arrears. agreed by Michael Haley on his own, a decision made even though SetfordSolicitors
advised us he had no case, no to pay the full 6 months rent owed Mr Spurdl benefited
from over a quarter of the council precept when Alf Dewis was Mayor the least
he could have done is paid his rent correctly.
From
Martin Brookes
Dear Cllr Brookes
Thank you for your question.
After speaking with the Chairman please find attached bank statements as requested and we apologise for the delay.
Two items have been blocked out, as the council is relying on Section 40 of the Freedom of Information Act 2000 to withhold information because it believes that part of the request is related to personal and confidential information.
Dear Oakham Town Council
I send this question assuming the Clerk is going to return our right according to standing orders
to the agenda of the next meeting?
I ask the following question after the council has refused my right as a Cllr and elector to
inspect and obtain bank statements for the period which covers August 2016.
For some time now bank statements have been provided to all Cllrs this one was withheld
from the statement of accounts for August 2016. An inspection is required to ensure
that Mr X was paid £18,000 and Not Mr Y it is a duty of any parish councillor to scrutinise
any payment made from public funds and it is unacceptable for the council to withhold
an entire months of payment evidence based on a false claim of data protection.
Cllr question for next meeting:
Oakham Town Council has refused myself and all members access to the August Bank Statements.
and exempt minutes for the same period.
Cllrs have a right to inspect and obtain all bank statements as do electors according to the
audit act. Apart from the £18,000 salary payments made in August 2016 to a person not correctly
named in the schedule of payments, perhaps there are other payments shown in that month which
the council not want members to see, when will the council permit members and electors
their rights to inspect and obtain copies of all statement and receipts?
From
Martin Brookes (Cllr OSE)
