After three months I finally had a response from the Wales Audit Office to my complaint that the chief executive had used, or had ordered others to use, council resources to gather 'evidence' for his failed complaint of harassment to Dyfed Powys Police.
The WAO have reached the following conclusion, and I have underlined the relevant bit;
Dear Mrs Thompson
Carmarthenshire County Council: Audit of accounts for the year ended 31st March 2017
Thank you for your email dated 17th July 2017 in which you raised concerns about the Chief Executive officer at Carmarthenshire County Council potentially utilising Council resources to progress a legal case against yourself.
I have now had the opportunity to review the papers you have presented to me and make some enquiries at the council.
The powers and duties of the Auditor General set out in the Public Audit (Wales) Act 2004 are limited. Although you have a right to ask me questions as an auditor acting on behalf of the Auditor General, I can only consider questions about the accounts that are currently being audited. I cannot answer questions about the council’s policies or procedures, or anything else not relevant to the accounts. I have enclosed a link to the Auditor General’s publication ‘Councils’ Accounts: Your rights’.
http://ift.tt/2xUQzHh
This document explains: your rights to access local council body’s accounts, your right to question the Auditor General or appointed auditor about the body’s accounts, and your right to object to specific items within the accounts.
Whilst the issues you have raised do not directly relate to the 2016-17 financial statements, the Auditor General can also undertake audit work to enable him to make recommendations for improving the economy, efficiency and effectiveness of Council services. It is under these powers that we have reviewed the issues you have raised. Having reviewed the information provided by yourself and the Council in this regard, I am satisfied that there has been no breach of Council policies by any individual member of staff. Carmarthenshire County Council staff are permitted to access external websites and blogs during their working day.
Unfortunately, I cannot give you more help with this matter.
Yours sincerely
Jason Garcia
Audit Manager
So, apparently, no policy was breached. There is, I would have thought, a big difference between using a council computer to pop onto Facebook for five minutes during your lunch hour to conducting lengthy research, at all hours of the working day, for your own private legal case. But there you have it. Interestingly the officers' code of conduct prohibits the personal use of any council resources unless authorised to do so. I suppose Mr James authorised himself.
On the upside, Mr James has set something of a remarkable precedent to other employees; why go to the expense and bother of employing a solicitor when you can use local authority staff and resources to do the job free of charge? Well, at the expense of the taxpayer rather than your own bulging wallet.
We can only speculate whether or not any other council employee, found to have exhibited similar behaviour and total disregard for the public wallet would have, in fact, found themselves on the wrong side of a disciplinary panel. No doubt Chaired by Mr James.
The irony is that a hefty chunk of Mr James' criminal complaint against me related to the intervention of my MP and other named politicians, in his 'private' affairs. He has consistently insisted, and instructed the council press office to confirm, that this is all a private legal matter between Mrs Thompson and himself, including his relentless pursuit of his 'gutter' money. Therefore, his blatant use of precious and ever-shrinking public resources, none of which has been denied, reveals someone who cares not one jot for the taxpayer and, quite simply, a shameless hypocrite.
Using your public position to further your own ends, whether its by using council computers or having a publicly funded legal department at your disposal is one thing; directly pocketing tens of thousands of pounds of public cash, on the other hand, through unlawful pension arrangements or legal costs, for example is quite another matter.
Trust and honesty in public life? What a joke. How he's still in post is a bloody mystery.
"Many public authorities maintain a register of interests in which senior staff are required to record, for example, business interests, shareholdings, property ownership and other outside interests, such as membership of clubs and societies, that could potentially give rise to a conflict of interests with their position in the authority.
A public authority may need to record this information in order to monitor any potential conflict of interest, and the scope of the register could include officers below the most senior level who nevertheless make decisions affecting the public or involving the expenditure of public money.
If this information is requested under FOIA, the public clearly have a legitimate interest in knowing that any potential conflicts are monitored, to ensure that the decisions and actions of officials are not influenced by their private interests. There is a legitimate interest in transparency in order to foster trust in public authorities."
I await their reply.
Alternatively, it could be viewed as a takeover.
Either way, this has to be the work of chief executive Mark Vincent James, who now appears to be running the project since the departure of Terry Matthews.
James has a number of pet projects that he wants the City Deal to fund, the biggest being the private health care project known as the Wellness Centre in Delta Lakes.
Read Y Cneifiwr for further information.
The e-mail* sent yesterday to a Carmarthenshire resident (see below) says that the Council is seeking a new Agreement.
Dear Mr D.....,
Thank you for your request for information, which was received on 15th October, 2017 and has been dealt with under the Freedom of Information Act 2000 (FOIA).
The specific information you requested was as follows:
Please could you email to me, by return, a copy of the latest Joint Working Agreement of the Swansea Bay City Deal.
I wish to examine the current proposed governance arrangements relating to the initiative.
I understand that Neath Port Talbot County Council has some concerns over governance of the initiative, and I wish to be aware of any exposure that may be experienced to the council taxpayers in Carmarthenshire.
In response, we do not hold information relevant to your request as currently we do not have one since fresh instructions were sent through to our external solicitors last week for a new Agreement.
Yours sincerely
John Tillman
The WAO have reached the following conclusion, and I have underlined the relevant bit;
Dear Mrs Thompson
Carmarthenshire County Council: Audit of accounts for the year ended 31st March 2017
Thank you for your email dated 17th July 2017 in which you raised concerns about the Chief Executive officer at Carmarthenshire County Council potentially utilising Council resources to progress a legal case against yourself.
I have now had the opportunity to review the papers you have presented to me and make some enquiries at the council.
The powers and duties of the Auditor General set out in the Public Audit (Wales) Act 2004 are limited. Although you have a right to ask me questions as an auditor acting on behalf of the Auditor General, I can only consider questions about the accounts that are currently being audited. I cannot answer questions about the council’s policies or procedures, or anything else not relevant to the accounts. I have enclosed a link to the Auditor General’s publication ‘Councils’ Accounts: Your rights’.
http://ift.tt/2xUQzHh
This document explains: your rights to access local council body’s accounts, your right to question the Auditor General or appointed auditor about the body’s accounts, and your right to object to specific items within the accounts.
Whilst the issues you have raised do not directly relate to the 2016-17 financial statements, the Auditor General can also undertake audit work to enable him to make recommendations for improving the economy, efficiency and effectiveness of Council services. It is under these powers that we have reviewed the issues you have raised. Having reviewed the information provided by yourself and the Council in this regard, I am satisfied that there has been no breach of Council policies by any individual member of staff. Carmarthenshire County Council staff are permitted to access external websites and blogs during their working day.
Unfortunately, I cannot give you more help with this matter.
Yours sincerely
Jason Garcia
Audit Manager
So, apparently, no policy was breached. There is, I would have thought, a big difference between using a council computer to pop onto Facebook for five minutes during your lunch hour to conducting lengthy research, at all hours of the working day, for your own private legal case. But there you have it. Interestingly the officers' code of conduct prohibits the personal use of any council resources unless authorised to do so. I suppose Mr James authorised himself.
On the upside, Mr James has set something of a remarkable precedent to other employees; why go to the expense and bother of employing a solicitor when you can use local authority staff and resources to do the job free of charge? Well, at the expense of the taxpayer rather than your own bulging wallet.
We can only speculate whether or not any other council employee, found to have exhibited similar behaviour and total disregard for the public wallet would have, in fact, found themselves on the wrong side of a disciplinary panel. No doubt Chaired by Mr James.
The irony is that a hefty chunk of Mr James' criminal complaint against me related to the intervention of my MP and other named politicians, in his 'private' affairs. He has consistently insisted, and instructed the council press office to confirm, that this is all a private legal matter between Mrs Thompson and himself, including his relentless pursuit of his 'gutter' money. Therefore, his blatant use of precious and ever-shrinking public resources, none of which has been denied, reveals someone who cares not one jot for the taxpayer and, quite simply, a shameless hypocrite.
Using your public position to further your own ends, whether its by using council computers or having a publicly funded legal department at your disposal is one thing; directly pocketing tens of thousands of pounds of public cash, on the other hand, through unlawful pension arrangements or legal costs, for example is quite another matter.
Trust and honesty in public life? What a joke. How he's still in post is a bloody mystery.
---------------------------------------
Further to this post published in August, yesterday's Western Mail reports again on the continuing problems encountered by residents of Century Wharf, Cardiff Bay, an apartment complex under the management of the 'moonlighting' Mr James who also owns several flats. The problems concern the behaviour of hen and stag parties, Airbnb and other overnight lettings which, according to the long term residents are prohibited under the original terms of their lease. They are taking their concerns to Cardiff council.
Mr James, in his inimitably charming way referred to the complainants as a 'cancer'.
One commenter on the article wondered 'How on earth is the chief executive of Carmarthenshire County Council allowed to also manage a large housing complex in Cardiff, for personal gain ?'. Well, it's a question you might well ask.
I also wondered, and in broader terms, who else amongst our unelected top brass had similar potential conflicts of interest outside of the council, and how they were managed by the local authority.
A freedom of information request was duly dispatched (it can all be seen here) and although I thought they may have a register of such declarations and interests fairly close to hand, the twenty day limit came and went.
A week or so later I emailed the ICO to say that there was no sign of a response, I also copied in the council. Twenty minutes later I had this unexpected and strange response from the council;
"the Council does not hold any declarations of interest in relation to such matters in Carmarthenshire".
Really? None? Are you kidding me or are you deliberately misinterpreting my request? Anyway I decided to ask for an internal review, (ie look again please, before I take this further) quoting the following extract from official ICO Guidance;
A public authority may need to record this information in order to monitor any potential conflict of interest, and the scope of the register could include officers below the most senior level who nevertheless make decisions affecting the public or involving the expenditure of public money.
If this information is requested under FOIA, the public clearly have a legitimate interest in knowing that any potential conflicts are monitored, to ensure that the decisions and actions of officials are not influenced by their private interests. There is a legitimate interest in transparency in order to foster trust in public authorities."
I await their reply.
------------------------------------------------
Further to my earlier post regarding the swiftly unravelling Swansea Bay City Deal and 'Wellness Village', it seems that things are going from bad to worse. It also seems that the whole thing is now officially, or unofficially, run by Mr James.
Blogger Jac o'the North published the following Facebook post this morning;
Swansea City Deal collapses?
'News has reached me that the troubled Swansea City Deal is in danger of collapse with what could be seen as the withdrawal of one of the partner local authorities, Carmarthenshire County Council, from the deal yesterday afternoon.Alternatively, it could be viewed as a takeover.
Either way, this has to be the work of chief executive Mark Vincent James, who now appears to be running the project since the departure of Terry Matthews.
James has a number of pet projects that he wants the City Deal to fund, the biggest being the private health care project known as the Wellness Centre in Delta Lakes.
Read Y Cneifiwr for further information.
The e-mail* sent yesterday to a Carmarthenshire resident (see below) says that the Council is seeking a new Agreement.
Dear Mr D.....,
Thank you for your request for information, which was received on 15th October, 2017 and has been dealt with under the Freedom of Information Act 2000 (FOIA).
The specific information you requested was as follows:
Please could you email to me, by return, a copy of the latest Joint Working Agreement of the Swansea Bay City Deal.
I wish to examine the current proposed governance arrangements relating to the initiative.
I understand that Neath Port Talbot County Council has some concerns over governance of the initiative, and I wish to be aware of any exposure that may be experienced to the council taxpayers in Carmarthenshire.
In response, we do not hold information relevant to your request as currently we do not have one since fresh instructions were sent through to our external solicitors last week for a new Agreement.
Yours sincerely
John Tillman
(Freedom of Information Officer)
(*The email above also reached Caebrwyn this morning)
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