Ex Chief Exec - Dave Clark

[keetiebairdie]

I believe that tonite's Radio Shetland interview with our convener can be heard again on bbc/radio/news/shetland This can be heard, I am told for about an hour after broadcast of local news (6-7pm)

 

Maybe Mr Cluness is mistaken and that things will not 'get back to normal' - at least 'Jim, but not as we know it'.

 

I understand that if councillors do not stand down and stand again for re-election that if another 'body' is obliged to 'close them down' (my words) they will not be able to stand again - is this true?

[JAStewart]

Election time, I think.

[Ghostrider]

^^ Yup.

 

The electorate put them there, how does the electorate go about removing them?

[Ghostrider]

You do realise that assuming Clark gets a cheque for £250,000, that somewhere around £11.50 each and every Shetland resident has just put in his back pocket.

 

I would suggest as a starting point, that everybody who objects to paying their £11.50 to Clark should send an Invoice direct to the Councillor of their choice claiming their money back.

[JAStewart]

By voting lib dem at the next election: They are going to try and implement a system whereby a % of citizens could vote an elected representative out.

[Njugglebreck]

Mass civcil disobediance/ non payment of council tax?

 

Then we could go to national press/red tops once the council starts to press the issue?

[Spinner72]

Firstly, I completely agree that this decision has been taken far too soon with so many pending investigations. However, the cheque has been signed, so to speak, so I can't see the decision being reversed.

 

The Convenor is the leader of the council, as well as being spokesperson for desicions made, he also has (or at least should have) influence over everyone concerned. Its not just simply a case of being there watching the rest fight among themselves until some sort of majority is reached, then relaying that information, although from all appearances that is what we have with teh present incumbent.

 

Sandy's trademark as Convenor has been "ignore it and hope it will go away, and if that doesn't work, throw money at it until it does", which is exactly what we've seen here again. This settlement has his name written all over it, and IMHO its an obscene settlement which is an insult to Shetland and Shetlanders.

 

Between last summer and now there has been far more than adequate time and countless occasions where Sandy could have taken the initiative and intervened in a more decisive manner, and hopefully prevented things ever going so far as they have. Likewise he could, and should have been far more pro-active in countering the negative PR towards the council each successive "leak" in the press generated in the eye's of the public.

 

Very good points. I think the biggest problem, however, has been that the "leaks" have been, in this case, almost always from a council member. It's a difficult situation as the public will always prefer to listen to and believe the "leaked insider info" version, and the Convener ends up the enemy by default.

 

It is not a job I would relish with this council! I also suspect that Sandy will be quietly looking forward to the end of his term. I do believe he has been out of his depth.

 

I think we need a new breed of convener, one pro-active enough to out-wooble the pricks

 

(if you don't laugh, you'll cry..)

 

So, here's hoping for a massive turnout on Saturday.

 

Is there no current system whereby the electorate can move a vote of no confidence or similar? Then again, I guess there is nothing to stop a genuinely concerned councillor from doing so..

[TeeAyBee]

^^ Yup.

 

The electorate put them there, how does the electorate go about removing them?

 

An interesting question. I couldn't find anything in my net searches of the Local Government (Scotland) Acts and amendments. Lots about how to establish a council but nothing about removal at the behest of the public. There was an oblique reference to the Secretary of State but I'm no lawyer and so didn't understand the legalese. Perhaps someone with a grasp of lawyerspeak can try and explain? I searched through the Scottish Government web site and pulled the docs from HMSO.

[paulb]

ive emailed my council representatives expressing my views that they have let us down. maybe if we all did that they may learn something.

[TeeAyBee]

I guess there is nothing to stop a genuinely concerned councillor from doing so..

 

There is some precedent South that turned up when I googled "No confidence in Council". From a bit of speed reading a Councillor apparently can with sufficient support get a vote of no confidence in the whole council and force an election - I might have misunderstood some of it as I'm no legal expert but there might be a way if enough members put public opinion ahead of their positions and risk not getting re-elected. Can't make head nor tail of what happens after the vote though - lawyerspeak abounds.

[unlinkedstudent]

Does anybody know whether it is possible for some sort of complaint for maladminsitration to be brought against the council? I don't know what grounds could be used.

 

I'm a tad ignorant on complaints against LAs in Scotland but in England/Wales you could complain to the Ombudsman; however, you would have to show that you have suffered an injustice as a result of the maladministration. Whether or not the Scottish Ombudsman would take the matter up I'm unsure but isn't there some Audit Commission body that could investigate?

 

I still cannot get my head around the fact that there was not a vote on this unless, of course, the decision was made by the Councillor who oversees Human Resources.

 

Edit: Whoever sanctioned the payout must have had delegated authority from the Council and hence why there was not a vote.

 

I know Allison Duncan didn't attend the meeting (with his work for the Sheriff's office he had to abstain) and had a good chat with him about Council matters in general - one of my other Councillors remained firmly tightlipped. There do appear to be some good Councillors but the Convenor is an absolute joke.

 

I fear that SIC will be subjected to special measures along the same lines that Hackney Council, London, were - the Office of the Deputy Prime Minister basically sanctioned all major spending by Hackney as they were bankrupt. Me thinks if this mess continues by SIC that similar measures will be brought in by the Scottish Parliament.

[icepick239]

COSLA - the minute this organisation was brought in Dave Clark knew he was in the big money!

Little did I know when I posted the above, that most of the Council also knew this and would therefore be sanctioning a massive payout.

[mainlander]

I mentioned before, and I still believe, that the fact that there is a 'sizeable' settlement, and it's been settled quickly, is to bury the facts and to hide the mistakes that occurred on both sides. The mistakes made by the council gave the ex CE the leverage to negotiate a decent package and in return no further details will be made public.

 

Where's Mainlander with all this?

 

Rant away. I'm not that interested in the whole business any more, and as I have already said, I am happy to go along with the legal decision - if Mr Clark gets a large payout (especially if it includes any element of compensation) then he will have been proved in the right. If he only gets a small payout (or none), then his critics will have been proved right.

 

He was after £1.7 million and settled for £250k, I'd suggest the latter applies in this case

 

lol Infiltrator, we should have agreed the parameters in advance and had a proper bet on it!

[unlinkedstudent]

I have 14 mop heads for sale on here - should I now send them to the Councillors instead so they can clean up their own mess from now on and not use our Council Tax dosh?

[JustMe]

unlinkedstudent wrote

I'm a tad ignorant on complaints against LAs in Scotland but in England/Wales you could complain to the Ombudsman; however, you would have to show that you have suffered an injustice as a result of the maladministration. Whether or not the Scottish Ombudsman would take the matter up I'm unsure but isn't there some Audit Commission body that could investigate?

Well maybe we could claim that we have all suffered an injustice with the council deciding to give up to half a million pounds to get rid of a chief executive that they only recently decided to employ. Money has to come from somewhere and I would have thought that we all would have something we thought it would have been better spent on.