... A FORUM TO STIMULATE DEBATE ... ... JUST ADD A COMMENT AT ANY ENTRY BELOW... ... FOR THE SUSTAINABLE DEVELOPMENT OF TOWN AND VALLEY ...

Tuesday 18 December 2018

Of 'gagging orders' and the East Devon Business Forum

The District Council's leadership is pleased with its 'successes':
Futures Forum: District Council annual message: "East Devon's many achievements over the last year"

Although opposition councillors don't think the 'gagging clauses' count as one of the District Council's 'many achievements'.

As discussed at the last full Council meeting:

Motion - Processes for dealing with settlement agreements 

The following motion was proposed by Councillor Ben Ingham, seconded by Councillor Megan Armstrong and supported by Councillor Peter Faithfull, Councillor Val Ranger, Councillor Marianne Rixson, Councillor Cathy Gardner, Councillor Roger Giles and Councillor Matt Booth 

“In light of the publicity around settlement agreements entered into by this Council in recent years there are concerns that this Council is not taking decisions with openness, transparency and accountability. Will the Council agree that for settlement agreements there should be a robust process in place for dealing with them which should include Member oversight and, if so, will the Council agree to such a process being put in place as soon as possible?”

EAST DEVON DISTRICT COUNCIL Minutes of the Meeting of the Council held at Knowle, Sidmouth, on Wednesday, 12 December 2018 

And as covered in the press:
East Devon District Council spent £200,000 on gagging orders - Radio Exe

The District Council claims that “They are not gagging clauses and shouldn’t be called as such. The majority are used for duty of care for the employees:”
East Devon hit back at amount spent on "gagging" clauses - Radio Exe

And yet these figures had to be obtained by a Freedom of Information request, thanks to the Exmouth Journal:
‘Huge amount of taxpayers’ money’ used for gagging orders at East Devon council | Latest Exmouth News - Exmouth Journal
East Devon District Council explains gagging orders totalling £205,000 | Latest Exmouth News - Exmouth Journal

The most contentious 'gagging orders' were made in between 2014 and 2016, during the controversy over the disgraced Councillor Graham Brown and the disbanded East Devon Business Forum:
Futures Forum: Ex-Cllr Graham Brown, the East Devon Business Forum and the District Council's CEO's pre-emptive strike against the Business TAFF

After all, the administration at East Devon felt they had put the episode of the East Devon Business Forum and its former head, Cllr Graham Brown, behind them, wishing to 'move on':
Futures Forum: The 'in-depth report' on the East Devon Business Forum will not happen
Futures Forum: The East Devon Business Forum TAFF >>> "The original scope was no longer relevant and there was a need to move on." >>> Or: "Bringing the council into disrepute" 


Although whether this will be neatly forgotten:
Futures Forum: East Devon Business Forum: "Something to think about for the next council."

As the influence of the EDBF is still very much felt:
Futures Forum: A history of the East Devon Business Forum, part four....... "RESOLVED that the Chairman and Honorary Secretary be authorised to write to EDDC and express the Business Forum’s concern if it was found that the membership of the Task and Finish Forum contained members that they considered had preconceived ideas about the Business Forum and its operation."

Especially when it comes to how the Sidford business park was included in the Local Plan
Futures Forum: Sidford business park > "The Local Plan is a deeply flawed document."
Futures Forum: Sidford business park >>> and the East Devon Business Forum revisited

But, yes, Councillors and Officers were allowed to quietly slip away.

Including the Deputy Monitoring Officer:
Deputy Chief Executive and Monitoring Officer - a Freedom of Information request to East Devon District Council - WhatDoTheyKnow
Roles of Officers in Relocation and Knowle OPA - a Freedom of Information request to East Devon District Council - WhatDoTheyKnow

And the lead 'clerk' of the EDBF:

LEAD OFFICER OF STALLED BUSINESS TAFF TO QUIETLY DISAPPEAR

24 SEP 2014

Nigel Harrison, EDDC’s Economic Development Manager (EDM), is to step down in October this year. This must surely come as a complete surprise to Chief Executive Mark Williams who, just a few weeks ago, gave a public assurance that Mr Harrison would remain as Lead Officer for the Business TAFF. And was Cllr Frances Newth similarly in the dark? No hint was given about this unfortunate imminent resignation, while she gave fulsome praise to Mr Harrison for helping one small business in Sidmouth (sadly, it wasn’t the town’s signature shop, Trumps), when he made only his second brief appearance, at the recent Overview and Scrutiny Committee, since the embarrassment of March 2013.

In his role as the council’s EDM, Nigel Harrison was of course a close associate of the then Chair of the now defunct East Devon Business Forum (EDBF), ex-councillor Graham Brown, who has been in the news again this week http://www.exeterexpressandecho.co.uk/Concerns-raised-East-Devon-councillor-attempts/story-22966678-detail/story.html

Postscript:
The Business TAFF (‘Task and Finish Forum’) is the Scrutiny Committee set up to take “an in-depth look” at the relationship between East Devon District Council and the EDBF. Its purpose was not to scrutinise solely the EDBF Chair, Graham Brown.


Key Witnesses

1. A key witness in this relationship would be Nigel Harrison, but he has apparently so far been unavailable to talk to the Business TAFF Chair, Cllr Graham Troman. It is unfortunate that his resignation is timed for before the TAFF reconvenes (TAFF date continues to be deferred, seemingly on the recommendation of the Chief Executive).

2.By chance, another potentially key witness, former EDDC Monitoring Officer Denise Lyon, has similarly resigned.

One particular question the Business TAFF would like to ask, when it is finally allowed to do so, is why the East Devon Business Forum is no more.

3 thoughts on “Lead Officer of stalled Business TAFF to quietly disappear”

Sandra Semple says:
24 Sep 2014 at 1:19pm

Smell – nasty. Harrison has spent the 18 months since EDBF in total silence until last month when there were suddenly compliments galore for him – which it now seems were paving the way for his exit (was Councillor Newth aware of this one wonders? ). Will he have signed a gagging clause (did Lyon sign one too)?

If so, I wonder how much their silence cost us?

Lead Officer of stalled Business TAFF to quietly disappear | East Devon Watch

At the time, the East Devon Watch blog followed things:

ECONOMIC DEVELOPMENT MANAGER SLIPS SEAMLESSLY AWAY

17 OCT 2014


Only a perfectly timed question from Cllr Claire Wright to Deputy CEO Richard Cohen, most appropriately at yesterday’s Overview and Scrutiny (O&S) Committee meeting, obliged Mr Cohen to mention that it happened to be Nigel Harrison’s last day at the office that very same day.

Mr Harrison was of course due to be the Lead Officer at a special O&S sub-committee, the so-called Business TAFF, although he had kept out of public view since the Telegraph’s Councillors for hire story broke (March 2013), and his expected resignation confirmed last month, came as no surprise to many. 

See http://eastdevonalliance.org/2014/09/24/lead-officer-of-stalled-business-taff-to-quietly-disappear/

So it seems that the fledgling Task and Finish Forum (TAFF) charged by the O&S Committee to carry out ‘an in-depth study’ on the relationship between EDDC and what was called the East Devon Business Forum (EDBF), has had its wings clipped yet again.The TAFF has been grounded for well over a year as the police investigation into key witness ex-councillor Graham Brown has dragged on. Now that another key player, the Economic Development Manager, has melted away, along with the Monitoring Officer in question, and of course the EDBF itself, will the Business TAFF ever get to fly?

More on the subject at http://eastdevonalliance.org/2014/08/04/eddc-ministry-of-magic/

Economic Development Manager slips seamlessly away | East Devon Watch

As related further at the time:

SO, FAREWELL NIGEL HARRISON, ECONOMIC DEVELOPMENT MANAGER

18 OCT 2014

… who slipped away quietly yesterday after having managed to avoid scrutiny of his role in the East Devon Business Forum for the past 18 months – but then EVERYTHING avoids scrutiny at EDDC now.

Will he pop up in South Somerset where the perfect job for him seems to have been recently created?

One thought on “So, farewell Nigel Harrison, Economic Development Manager”

Graham Sidmouth says:
18 Oct 2014 at 6:05pm

Reading this I am reminded of Nigel Harrison’s response to EDA colleague Tony Green and I when we attended a meeting at the Heathpark Business Centre. The Business Forum secretary annoyed by our observations stated “if we don’t like what they (EDBF) were doing then there was always the ballot box.” This caused a chuckle afterwards as I don’t recall the EDDC Economic Development Manager ever being elected by anyone. His comment raises serious questions about partisan officers but according to the Council leader Mr Harrison was only a mere “clerk.” It is of course the CEO Mark Williams and his line manager Cllr Diviani who were responsible for the clerk and instrumental in setting up the EDBF in the first place.


So, farewell Nigel Harrison, Economic Development Manager | East Devon Watch

Here is the FOI made by the Exmouth Journal:

Compromise or settlement agreements

Date submitted: 24 October 2018

Summary of request

Please could you disclose the number of staff exits which have included the use of gagging orders otherwise technically known as compromise or settlement agreements during the last five years.

Please could you provide a breakdown of the numbers and costs of such agreements per year.

If possible please could you indicate how many agreements in each year involved a member of staff exiting the organisation after a complaint of sexual harassment or sexual assault or had such a complaint made against them.

Summary of response


Please could you disclose the number of staff exits which have included the use of gagging orders otherwise technically known as compromise or settlement agreements during the last five years - Settlement Agreements: 10 between 2014 and 2018 (to 31 October 2018). We believe that disclosure of this information in separate financial years could identify individuals, and so this detail is exempt from disclosure under s40(2) of the Freedom of Information Act.

Please could you provide a breakdown of the numbers and costs of such agreements per year - Between 2014 and 2018 (to 31 October 2018) total cost of settlement agreements = £205,074. We believe that disclosure of this information in separate financial years could identify individuals, and so this detail is exempt from disclosure under s40(2) of the Freedom of Information Act.

If possible please could you indicate how many agreements in each year involved a member of staff exiting the organisation after a complaint of sexual harassment or sexual assault or had such a complaint made against them - None

Date responded: 7 November 2018


Freedom of Information published requests - East Devon
.
.
.

No comments: