Mr Lustig is a long serving , highly professional and well regarded Officer and I cannot believe he would in anyway want to restrict elected Councillors ( never mind residents ) access to information .
I am surprised at the Mayor who has ruled my innocuous questions out of order as in his two years on the Council he has already acquired a reputation for asking difficult questions .
I see Mr Lustig consulted the (Acting ) Chief Executive Mr Travers ................................
From: Coleman, Cllr Brian
To: Lustig, Jeff
Cc: Schama, Cllr Brian Conservative; Cornelius, Cllr Richard Conservative; Moore, Cllr Alison Labour; Cohen, Cllr Jack Liberal Democrat
Sent: Fri Jan 04 19:44:04 2013
Subject: Re: Council Questions - Meeting 22 January 2013
Mr Lustig , I believe you have advised the Mayor incorrectly
As the Daily Telegraph no less has published this week detailed information concerning payments made to former Director Brian Reynolds following an FOI request , I cannot see why the Council should attempt to withhold exactly the same information with regard to the former Chief Executive
Likewise asking for a list of names (without figures) of Assistant Director and equivalent who have left the Council is information that elected members and indeed the public are entitled to .
I suspect the DCLG and the media will take a dim view of the Mayor's decision and I ask if you have brought the Daily Telegraph article to the Mayor's attention ?
I shall of course raise the Mayor's decision at the Council meeting and in the local media as appropriate and I am sure the Mayor will be able to explain to the media why he thinks the taxpayers of Barnet and elected Councillors are not entitled to this basic information
In the mean time please treat both these questions as FOI requests
Kind regards
From: Lustig, Jeff
To: Coleman, Cllr Brian
Sent: Fri Jan 04 18:53:06 2013
Subject: Council Questions - Meeting 22 January 2013
Dear Councillor Coleman,
I refer to the questions you have submitted for the next Council meeting. They appear below.
I have concerns about the two highlighted questions because the answers sought will require the disclosure of contractual and employment arrangements of individual members of staff in the public forum of a Council meeting. I have consulted the Interim Chief Executive who shares my concerns. You will note that a distinction is drawn between the highlighted questions and a question relating to the gross costs to the Council of redundancy payments, etc. which does not require individual members of staff to be identified.
I, therefore, raised the concerns with the Mayor and asked that he consider declaring the highlighted questions as improper under CPR 17.3 on the basis that it is not appropriate for the contractual and employment arrangements of individual members of staff to be dealt with in public forum. The Mayor has agreed with my concerns and declared the highlighted questions as improper under CPR 17.3. I am, therefore, returning the highlighted questions to you with an appropriate explanation. Pursuant to Article 12 of the Constitution, the Director of Corporate Governance has reserve powers to exercise all or any of the constitutional powers given to the Head of Governance.
“17.3 If the Mayorconsiders the Business Item, amendment or question to be vexatious, irrelevant, or otherwise improper, the Head of Governance will return it to the Member who submitted it. The Head of Governance will explain to the Member in writing why it will not be included on the agenda circulated for the meeting. The matter will only be included on the agenda if it is resubmitted in the timescale for receiving an item of business of that category and is signed by at least fifteen Members of the Council.”
The inappropriateness would be based upon, but not exclusively, the following extracts from the Protocols for Member-Officer Relations
“6.3 Members should remember that, although the Council has an open access to information policy, there is no automatic right to information about:-
- any individual applicant to become an employee, or
- any individual who is an employee (this includes details of grade and pay, and any disciplinary, grievance or other employment issue that involves a particular employee), or
- consultation or negotiations over any labour relations matter
7.4Members should avoid undermining respect for Officers at meetings, or in any public forum. This would be damaging both to effective working relationships and to the public image of the Council. In general Officers are unable to ‘answer back’ or defend themselves against criticism in a public forum.”
Regards,
Jeff Lustig
Director of Corporate Governance
London Borough of Barnet, North London Business Park, Oakleigh Road South, London N11 1NP
Barnet Online: www.barnet.gov.uk
P please consider the environment - do you really need to print this email?
Director of Corporate Governance
London Borough of Barnet, North London Business Park, Oakleigh Road South, London N11 1NP
Barnet Online: www.barnet.gov.uk
P please consider the environment - do you really need to print this email?
6.
|
21/11/12
|
22.35
|
How many Police Stations does the Cabinet member think the Borough needs?
|
Brian Coleman
IND
|
David Longstaff
|
DEPR
|
7.
|
21/11/12
|
22.35
|
Could Cllr Thomas update the Council on the future of Stanley Road playing fields?
|
Brian Coleman
IND
|
Daniel Thomas
|
DCS
|
8.
|
21/11/12
|
22.35
|
Does the Cabinet member welcome the recent decisions of the Planning and Environment Committee and the Eastern Area Planning sub Committee concerning the Woodside Park and Barnet Eruvs?
|
Brian Coleman
IND
|
Joanna Tambourides
|
DEPR
|
9.
|
21/11/12
|
22.35
|
Where does Cllr Tambourides envisage Planning Officers will be based post the implementation of the DRS One Barnet project?
|
Brian Coleman
IND
|
Joanna Tambourides
|
DEPR
|
10.
|
22/11/12
|
17.31
|
Will the Cabinet Member list all those of Assistant Director level and above who have failed to be appointed to posts in the new Management structure or have opted to retire or resign?
|
Brian Coleman
IND
|
Daniel Thomas
|
DCE / AD HR
|
11
|
22/11/12
|
17.31
|
Will the Cabinet Member list the gross costs to the Council (including redundancy payments, accrued holiday pay , pay in lieu of notice , pension contributions ) paid out in relation to Assistant Directors and above who have not been given posts in the new management structure?
|
Brian Coleman
IND
|
Daniel Thomas
|
DCE / AD HR
|
12.
|
22/11/12
|
17.31
|
Was any money in lieu of serving notice or accrued holiday pay or any other sum paid to the late Chief Executive and if so how much ?
|
Brian Coleman
IND
|
Richard Cornelius
|
DCE / AD HR
|
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