Oakham Town Council accounts 2015 - 2016

Oakham Town Council accounts 2015 - 2016

Dear All Oakham Town Council

Just in case there is a repeat of the events of last years meeting when I was not permitted to speak by
Cllr Alf Dewis as he attempted to hide his unlawful conduct from the council I would like to point
out my following concerns regarding matters for consideration or not at the next meeting to
be held on Wednesday 22nd June 2016.

I am told the internal auditor visited the council on Friday 10th June 2016 and spent the almost the
whole day with Cllrs Micheal's, Haley and Elliot. Members have been told he found no issues.
I wonder why he did not find the huge volume of invoices paid that do not have work orders
attached. I also wonder why members and the public were not notified of his visit so they
could ask questions or raise concerns.

I would also like to know why his report is not part of the agenda. We have no proof that
the internal auditor is satisfied with our annual accounts or our annual governance.

We have only been provided with one page (appendix A) of the annual governance Statement.

Why have we not been provided with copies of all 6 pages?

The Assistant Clerk has told me, The Annual Statement of Accounts for 2015 - 2016
has not been completed and with Cllrs Michael's Haley and Elliot. Can I ask why
when we were told we had paid Streets Accountants to do this job?
Cllrs are not permitted to carry out any work relating to the accounts. This simple document should be completed by Streets or the proper officer.

When I look at section 1 page 2 of the annual governance statement for 2015 - 2016
I can immediately see a problem with two of the ticked boxes.

Box Four is ticked yes we should have ticked NO, we have not provided proper opportunity
during the year for exercises of electors rights in accordance with the requirements of the accounts
and audit regulations.

Not once during the period of 2015 - 2016 has this council notified the public of their
right or notified them of any visit of the internal auditor. The council even failed to notify
all members of the only visit of the internal auditor this year which apparently happened
on Friday 10th June 2016.

Box seven the council states it took appropriate action action on all matters raised in reports
from internal and external audit.

This is very untruthful a year on it has not started using new accounts software.

The council has ignored the external qualified audit report for 2014 - 2015 only after repeated
requests for the council to consider the report was it put before this council at the last meeting,
for council just to acknowledge. The council failed to consider its contents or make any recommendations based on its findings. According to NALC legal topics the council failed the following requirment.

Where external audit reports that internal controls within a local council are inadequate,
councils should take note of the increased risk of error, mistake and fraud. Local
councils should consider responding to auditor reports urgently and in the context of
their risk management arrangements 

I will be raising the above concerns along with my objections with the external auditors, who I am
sure will provide another report which will be ignored by this council.

According to NALC legal topic we should be approving four points they are as follows

The annual return comprises four linked sections:

 Section 1 - the accounting statements;
 Section 2 - the annual governance statement;
 Section 3 - the external auditor’s certificate and opinion;
 Section 4 - the report from internal audit.

As for our internal auditor is very clear due to the ongoing relationship and comments made by Cllrs Haley and Elliot the council is ignoring the following legal requirements

2.69 Those charged with carrying out internal audit must not be asked to provide or
to offer consultancy or advice on the council’s financial decisions, controls or
processes. For them to do so would prejudice their ability to give an objective and
independent view on whether these meet the needs of the council.

2.72 The duties of internal audit relate to reporting on the adequacy and effectiveness of a
council’s system of internal control. Internal audit’s annual public report is made by
completing section 4 of the annual return. Internal audit may also report in greater
detail to the council as required.

2.73 The work of internal audit should be subject to an engagement letter on first
appointment by the council, setting out the terms of the appointment. Engagement
terms may include:
 roles and responsibilities;
 audit planning;
 reporting requirements;
 assurances around independence and competence;
 access to information, members and officers;
 period of engagement;
 remuneration; and
 any other matters required for the management of the engagement by the council.


"access to information, members and officers"  It is my belief the way the finance
working group conducts itself is preventing the internal auditor from accessing members
in the same way they are preventing members having access to the internal auditor
by not giving notice of the internal auditors visits. This comment is directed mainly
to Cllr Michael Haley Deputy Mayor.


From

Martin Brookes

Oakham Town Council Accounts 2015 - 2016

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