REPORT NO: 173/2013

SPECIAL COUNCIL
Date 29th July 2013

UPDATE ON SPECIAL COUNCIL MEETING JANUARY 10th 2013

Report of the Interim Monitoring Officer STRATEGIC AIM: 1. All

PURPOSE OF THE REPORT 1.1 The purpose of this report is to advise on progress against the resolution made by Council at its Special Meeting on 10th January 2013, and to seek a resolution authorising further action.

2.

RECOMMENDATIONS 2.1 That the Council notes that the resolutions set out at section 3 below remain valid in respect of any actions to be taken against Cllrs Gale, Wainwright and Richardson. This is despite the fact that they have informed the Council that they are now members of UKIP, and have formed a political group of Rutland County Council, to be known as the Rutland Group of the United Kingdom Independence Party, thus disbanding the Rutland Anti-Corruption group. That the Council grants an indemnity to, and support to the Chief Executive and/or officers, to take legal action in her/their own name(s) for defamation by Councillors Gale, Richardson and Wainwright of the Rutland Group of the United Kingdom Independence Party. Such indemnity is to be given on condition that any sums recovered by any officer as a result of the action taken (including, but not limited to, costs and damages) should first of all be applied to defray any costs incurred by the Council in indemnifying and supporting such legal action, before any remaining balance is received by the officer concerned.

2.2

3.

REASONS FOR THE RECOMMENDATIONS 3.1 Legal advice was taken on the basis of concerns raised during the debate on the Notice of Motion proposed at the Council meeting on 8th

October 2012 concerning the actions of the Rutland Anti-Corruption Group, comprising Councillors Gale, Richardson and Wainwright. 3.2 At a Special Council meeting on 10th January 2013 the Council considered the legal advice obtained, and the options available. The Council resolved: 3.2.1 That authority be given to take legal action to seek an injunction to prevent harassment of the Chief Executive and other officers by the Anti-Corruption group and its members be AGREED 3.2.2 That indemnity be granted to, and support to the Chief Executive and / or officers, to take legal action in his/their own name(s) for harassment by the Anti-Corruption and its members be AGREED 3.2.3 That all communications to any part of the Council from the AntiCorruption Group and its members be subject to a Single Point of Contact, subject to periodic report back from the Chief Executive and use of GCSX be AGREED 3.2.4 That authority to take legal action in respect of the defamation of the authority by the Anti-Corruption Group and its members be DEFERRED 3.2.5 That the Chief Executive be instructed to make a complaint on behalf of the Council to the Police against the Anti-Corruption Group and its members in respect of: (a) criminal harassment of officers of the Council, and/or (b) breach of the Malicious Communications Act 1988 and the Communications Act 2003; be DEFERRED 3.2.6 That resolution to resume a wider independent review of the impacts of the actions of the Anti-Corruption Group and its members on the Council be DEFERRED 3.2.7 That a supplementary estimate for the purpose of resolutions 1 and 2 be APPROVED. 3.3 Given recent developments, it is now appropriate to update the Council and seek further authority to take legal action.

4.

DEVELOPMENTS SINCE JANUARY / THE CURRENT POSITION 4.1 Between January and June 2013, the three councillors continued the same pattern of conduct that had led to concerns being raised, including, but not limited to: 4.1.1 Accusations of corruption made against officers and members both internally and to external third parties without any apparent justification; 4.1.2 Lack of engagement with appropriate methods of raising concerns; including refusal to use scrutiny panels, not taking advantage of the opportunity to raise questions and move motions at Council meetings, and recently (since becoming members of UKIP), sending apologies to all meetings which they are due to attend.

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4.2

In addition, the members concerned refused to accept the Single Point of Contact (SPOC) arrangement, and although they did send some correspondence through this route, they also continued to contact individual officers, and continued not to use the GCSX e mail system, contrary to the resolution at 3.2.3 above. The three councillors were particularly active in terms of their conduct in the immediate aftermath of the January Council resolution, and whilst they appear to have moderated their conduct for a while towards the end of this six month period, this was for a relatively short period of time, and there was clear continuity in terms of the councillors operating as a group, the nature of their conduct, and in terms of the victims of their conduct. During this period, officers carried out preparatory work to proceed with the legal proceedings authorised, including preparation of witness statements and collation of supporting documentary evidence. The Rutland Anti-Corruption Group included Rutland County Councillors Gale, Richardson and Wainwright. On 20th June 2013 these three councillors announced that they had joined UKIP, and on or around 28th June 2013, they formally notified Rutland County Council of the disbanding of The Rutland Anti-Corruption Group and the formation of "The Rutland Group of United Kingdom Independence Party" comprising Cllrs Gale, Richardson and Wainwright with Cllr Gale acting as Group Leader. The fact that the three councillors have now joined UKIP does not invalidate the January Council resolution, as there is clear continuity between their actions as the Rutland Anti-Corruption Group, and their actions since they joined UKIP. On 20th June 2013 an e mail was sent to Carol Chambers, Deputy Chief Executive, by the UKIP press officer, who informed her that Cllr Gale had asked him to send it across. The press release was headed UKIP welcomes three more councillors. The content of the press release was subsequently published on the 4Rutland website, under the heading UKIP statement. A statement is made on the 4Rutland website that the views expressed on it are those of Richard Gale, David Richardson, and Nick Wainwright, and they therefore clearly associate themselves as holding the views expressed in the UKIP statement. The allegations made by the three councillors on the 4Rutland website, are seriously defamatory of officers responsible for the leadership of Rutland County Council, particularly the references to suspect planning approvals and the squandering of millions of pounds of grant funding and a growing suspicion and concern of serious fraud and corruption. There is also a statement that the current misuse and misappropriation of public money is an utter disgrace. -3-

4.3

4.4

4.5

4.6

4.7

4.8

4.9

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The statement suggests that the Chief Executive and other senior officers are guilty of serious fraud and corruption of a criminal nature, and that those officers, fearful of being exposed by the RACG, engaged in an unlawful cover up, and made false allegations to the police. Such allegations are obviously damaging and upsetting. They gain credence by being included in a press release issued by a national political party. Members will no doubt recognise that these latest statements are not simply further examples of the behaviour previously exhibited, but take the allegations to a new level of unacceptability, making unequivocal public statements about the integrity of the Chief Executive and other senior officers. The allegations made in the press release sent through by UKIPs press officer, and repeated on the 4Rutland website are entirely false. Statements such as those now being made by the three councillors concerned are seriously damaging to the professional reputations of the officers concerned, and could have a negative impact on their careers, and their ability to seek employment elsewhere. The Council has a duty of care to protect its officers and offer them a safe working environment. In addition, these false and defamatory statements made against officers seriously impact on the Councils ability to recruit high calibre officers, at a reasonable cost, particularly to senior or high profile positions. Councillors will be aware that the Council currently has a vacancy for a permanent Monitoring Officer. Unless the Council is seen to take action to protect its officers in these circumstances, it is likely to have difficulty in recruiting, unless it is able to offer exceptionally high salaries to mitigate the risks, which in the current financial climate, it is simply unable to do. Letters dated 1st July 2013 were sent to each of the three councillors involved, requesting a full and unequivocal retraction and apology to the Chief Executive and other officers, as a matter of urgency. Each was informed that if there was no response within 14 days the Council reserved the right to take the necessary steps to commence legal proceedings. Cllr Gale replied on behalf of all three councillors in a letter dated 10th July 2013, but his letter did not address the points raised in the letter of 1st July 2013, and instead claimed that he and Cllrs Richardson and Wainwright were themselves being subjected to harassment. There has also been correspondence with the UKIP press officer in respect of the press release, and this has received no substantive response.

4.11

4.12

4.13

4.14

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4.17

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A further letter has been sent to the three councillors stating that it is not accepted that they are being harassed, and requiring them to: Remove the article dated 20th June 2013 containing defamatory statements from the 4Rutland website, Refrain from making further defamatory statements or allegations, Provide a full and unequivocal retraction and apology to the Chief Executive and Senior Officers. A response has been requested by 24th July 2013.

5.

SPECIFIC ISSUES 5.1 Legal issues The Council has already authorised action to be taken against the three members concerned in respect of their harassment of the Chief Executive and/or officers. The behaviour complained of has continued, and the press release issued upon them becoming UKIP members airs matters publicly, and with the apparent support of a national political party. It is appropriate to commence legal proceedings for defamation and / or harassment, as the continued actions of these councillors is upsetting to officers, and damaging to their reputations, and to the reputations of the authority as a whole. Attempts to resolve the matter by correspondence have been unsuccessful, hence legal proceedings may need to be issued to resolve the matter. Financial issues Legal proceedings will incur additional costs. It is difficult to be precise at this stage about the level of costs, as it depends very much on the amount of work necessary to progress the matter.

5.2

6. RISK MANAGEMENT RISK IMPACT COMMENTS Time High It is appropriate to take legal action immediately following council resolution Viability Medium There are always litigation risks, but the advice received supports the viability of the proposed action Finance Medium Litigation will incur costs, but this must be weighed against the ongoing impact to the council and officers of allowing this behaviour to continue without challenge Profile High There is likely to be significant public and national interest in any action taken, particularly now that the members concerned belong to a national political party Equality Low There are unlikely to be any implications and Diversity

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Background Papers Report to Meeting of Special Council 10th January 2013.

Report Author Helen Edwards

Tel No: (01572) 728420 e-mail: enquiries@rutland.gov.uk

A Large Print or Braille Version of this Report is available upon request Contact 01572 722577.

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