Glasgow's 'Golden Goodbyes'

Here is Glasgow City Council's full written response to my FOI request which asked the Council to explain the background to its director of finance, Lynn Brown, being 'gifted' the huge sum of £120,000 to access her pension early.

Now this revelation raises a number of serious issues which need to be addressed by the Council's elected members and the wider public.

First of all, I would argue that is it completely inappropriate that senior council officials are able to recommend this kind of hugely generous treatment for other senior council colleagues.

To be specific, under what power or scheme of delegated authority was the council's chief executive able to recommend that her director of finance benefit directly from £120,000 of public money?

What was the justification for 'gifting' an additional £120,000 to an already very highly paid official whose annual remuneration package was worth over £160,000?

The Evening Times reported Lynn Brown as being "in her mid 50s" at the time of her departure in which case,according to the Council, she would have been able to ask to to retire early having reached the age of 55.

So why did Lynn Brown receive the boost of an additional £120,000 in order to access her pension early, surely this makes no sense?  

To add insult to injury the Council makes the following astonishing statement in its response to my FOI request:

• On inspecting our records, it would appear that Glasgow City Council does not hold the information which you have requested. Neither does anyone else hold it on our behalf. Therefore this information would be exempt under Section 17 of the Act. Accordingly we are unable to comply with your request.

Now taking this statement at face value the Council is claiming to have no record of the process by which this payment was approved: no exchange of letters between the chief executive and her director of finance - no report to a Council committee which sounds completely incredible if you ask me.

Because there simply has to be a proper audit trail before money can be released to the Strathclyde Pension Fund (SPF), especially as Lynn Brown acted as the principal adviser to the SPF Committee, in her capacity as executive director of finance at Glasgow City Council.

So there are lots of unanswered questions and given the Council's behaviour, I suspect there is more to come out before we finally get to the truth.

By the way, the opening paragraph of the Council's letter says that it was treating my email of 22/05/18 as a "request for a review" when in fact it was nothing of the kind.

In reality, the City Council had broken the law by failing to observe the time limits laid down by FOISA 2002 and my next step would have been to register an immediate appeal with the Scottish Information Commissioner (SIC).

I may still do so in the days ahead as I find the Council's response entirely unconvincing.


Director of Governance and Solicitor to the Council
Carole Forrest LLB DipLP
Glasgow City Council
City Chambers George Square Glasgow G2 1DU DX GW572
Hand Deliveries to: 40 John Street Glasgow G1 1JL

Our Ref: 6619148 Your Ref:
21.06.18By email: 

Dear Mr Irvine

REQUEST FOR REVIEW UNDER THE FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

I refer to your email of 22.05.18 which I am treating as a formal request for review of Glasgow City Council’s (“the Council”) failure to respond to your initial request for information dated 20.04.18.

On behalf of the Council, I apologise that you did not receive a response to your initial request for information. You should have received a response within the 20 working day timescales set out in the legislation and I apologise that on this occasion you did not.

YOUR REQUEST
You requested the following information:

“1) Please provide me the name and job title of the Council official who recommended that Glasgow City Council should pay £120,079 to compensate the Local Government Pension Scheme for allowing the Council's former executive Director of Finance, Lynn Brown, to access her pension benefits early?

2) Please provide me with the written explanation for this recommendation and the process by which the expenditure of this large sum of public money was approved?

3) Please confirm how long the former Executive Director of Finance would otherwise have had to wait to access her pension benefits, if it were not for this generous use of public funds?”

THE REVIEW DECISION
I can confirm that the Council is treating your request for this information under the Freedom of Information (Scotland) Act 2002 (FOI).

The responses to the information requested are as follows:

1. Annemarie O'Donnell, Chief Executive
2. On inspecting our records, it would appear that Glasgow City Council does not hold the information which you have requested. Neither does anyone else hold it on our behalf. Therefore this information would be exempt under Section 17 of the Act. Accordingly we are unable to comply with your request.
3. We are unable to provide you with the details of how long the former ExecutiveDirector of Finance would otherwise have had to wait before being able to access her pension benefits. This information is, in our opinion, exempt from a request under Part 1 of the Freedom of Information (Scotland) Act 2002 because of the exemption contained in section 38(1)(b) of the Act. In other words, in our opinion disclosure of the information would contravene any of the data protection principles in Article 5(1) of the GDPR. If we provided you with this information, it may be possible to identify Lynn Brown’s age and therefore, we will not disclose this information. By way of assistance, all Council employees can ask to take early retirement from the age of 55.

Please note that the information provided in response to your request is, unless otherwise indicated, copyright © Glasgow City Council 2018. It is supplied to you in terms of the Freedom of Information (Scotland) Act 2002. Any further use by you of this information must comply with the terms of the Copyright, Designs and Patents Act 1988 as amended and/or the Copyright and Rights in Databases Regulations 1997. In particular, any commercial use or re-use of the information provided requires the prior written consent of the Council.
If you require further clarification please e-mail me at FOIreviews@glasgow.gov.uk and I will ensure that the matter is reviewed.

RIGHT OF APPEAL
I hope you are satisfied with this response. However, if you are not you have the right to make an application within six months of receipt of this letter for a decision by the Scottish Information Commissioner.

The Scottish Information Commissioner can be contacted as follows:
Kinburn Castle, Doubledykes Road, St Andrews, KY16 9DS.
enquiries@itspublicknowledge.info
01334 464610

You can also use the Scottish Information Commissioner’s online appeal service to make an
application for a decision: www.itspublicknowledge.info/appealThereafter a decision by Scottish Information Commissioner may be appealed on a point of
law to the Court of Session. 

Yours sincerely


CAROLE FORREST
DIRECTOR OF GOVERNANCE AND SOLICITOR TO THE COUNCIL

  

Breaking News! (22/06/18)

I am not someone who is easily shocked, but I have to admit that the latest revelation from Glasgow City Council really does take my breath away.

I wrote to GCC yesterday morning after the Council had, yet again, failed to respond to my FOI requests within the timescales laid down by the Freedom of Information (Scotland) Act 2002.

My letter highlighted the fact that the Council was in breach of the law (again) and that I required an answer by no later than 12 noon today, or I would raise the matter with the Scottish Information Commissioner (SIC). 

I am pleased to report that the Council did take me seriously and responded within just a few hours, but the shock came with the news that the person who recommended the 'gift' of £120,000 to Glasgow's outgoing director of finance, Lynn Brown, was none other than the City Council's chief executive - Annemarie O'Donnell.

Now this raises all kinds of issues, not least the process by which one senior council official can recommend that a senior colleague should benefit from such a generous use of public money.

I am astonished and appalled in equal measure, but I'll have more to say later today when I share the Council's full written response on the blog site.

  

Glasgow, FOI and Equal Pay (21/06/18)

Here is a letter I've just sent to Glasgow City Council in respect of an outstanding FOI Request regarding the circumstances surrounding the payment of £120,000 to allow a senior official to access her pension early.

I should have received this information weeks ago, so if I don't get a straight answer by 12 noon tomorrow (Friday), I'm off to the Scottish information Commissioner (SIC). 

21 June 2018

Carole Forrest

Director of Governance and Solicitor to the Council

Glasgow City Council

By email to: FOIReviews@glasgow.gov.uk

Dear Ms Forrest

FoI Review Request

I refer to my FOISA Review Request dated 22 May 2018, a copy of which is attached for easy reference.

Glasgow City Council has failed, yet again, to respond within the time limits laid down by the Freedom of Information (Scotland) Act 2002 which means the City Council is breaking the law and also is making a complete mockery of its own policy to behave openly and transparently in respect of Council records and its decision-making processes.  

I find this behaviour quite shocking and unprofessional, I have to say, and it is difficult to see this as anything other than deliberate obstruction on the part of council officials.

If I do not receive the information I have requested by 12 noon on Friday 22 June 2018, I will raise the matter with the Scottish Information Commissioner (SIC).

I look forward to your response and would be grateful if you could reply to me by email at: markirvine@compuserve.com

Kind regards

Mark Irvine

-----Original Message-----
From: Mark Irvine <markirvine@compuserve.com>
To: carole.forrest <carole.forrest@ced.glasgow.gov.uk>; FOIreviews <FOIreviews@glasgow.gov.uk>
Sent: Tue, May 22, 2018 4:31 pm
Subject: Fwd: FOISA Review Request

22 May 2018

Carole Forrest

Director of Governance and Solicitor to the Council

Glasgow City Council

By email to: FOIReviews@glasgow.gov.uk

Dear Ms Forrest

FoI Review Request

I refer to my FOISA Request to the Council's chief executive Annemarie O'Donnell dated 20 April 2018, a copy of which is attached for easy reference.

In view of the Council's failure to respond within the time limits laid down by FOISA I would now like to initiate a formal Review Request.

I look forward to your response to my Review Request and would be grateful if you could reply to me by email at: markirvine@compuserve.com

Kind regards

Mark Irvine

-----Original Message-----
From: Mark Irvine <markirvine@compuserve.com>
To: annemarie.odonnell <annemarie.odonnell@ced.glasgow.gov.uk>; foi <foi@glasgow.gov.uk>
Sent: Fri, Apr 20, 2018 3:05 pm
Subject: Fwd: FOISA Request

20 April 2018

Annemarie O'Donnell

Chief Executive

Glasgow City Council

By email to - annemarie.odonnell@ced.glasgow.gov.uk

Dear Ms O'Donnell

FOISA Request

I refer to the letter below from John Dickson, Executive Compliance Officer, and would like to make the following request under the Freedom of Information (Scotland) Act 2002. 

1) Please provide me the name and job title of the Council official who recommended that Glasgow City Council should pay £120,079 to compensate the Local Government Pension Scheme for allowing the Council's former executive Director of Finance, Lynn Brown, to access her pension benefits early?

2) Please provide me with the written explanation for this recommendation and the process by which the expenditure of this large sum of public money approved? 

3) Please confirm how long the former Executive Director of Finance would otherwise have had to wait to access her pension benefits, if it were not for this generous use of public funds? 

I look forward to your reply and would be grateful if you could respond to me by e-mail at: markirvine@compuserve.com

Kind regards

Mark Irvine 

-----Original Message-----
From: Dickson, John (Revenues) (Revenues) <John.Dickson@glasgow.gov.uk>
To: markirvine <markirvine@compuserve.com>
Sent: Wed, Apr 18, 2018 11:57 am
Subject: FOI Request

			Financial Services Glasgow City Council Room 10 City Chambers, Glasgow  G2 Phone 0141 287 8186 Fax 0141 287 9568 Email: FS_FOI@glasgow.gov.uk					Corporate Services Glasgow City Council City Chambers George Square Glasgow   G2  1DU Phone 0141 287 8186 Fax 0141 287 4575 Email customercare@glasgow.gov.uk

Date  18 April 2018

Mr Mark Irvine, Sent by email to: markirvine@compuserve.com

Dear Mr Irvine,

Freedom Of Information  Request

I refer to your Freedom of Information Request dated 21 March 2018, wherein you asked that certain information be supplied to you, namely :-

“I refer to the Annual Accounts of Glasgow City Council for the year to 31 March 2017 and, specifically, to Paragraph 5.2 (Page 131) which deals with the pension benefits of senior council employees.

1) Please explain the basis of the £134,147 employer pension contribution paid in respect of the Executive Director of Finance, Lynn Brown? I note the figure increased to £134,147 in 2017 from £26,116 in 2016.

2) Please confirm whether this payment was made in respect of 'added years' and what impact this payment had on the Executive Director's pension benefits?

3) Please provide a copy of the council correspondence or the official council report which recommended that the Executive Director should be awarded 'added years'.

The Council is treating your request as a request under the Freedom of Information (Scotland) Act 2002.

The information you have requested is as follows :

  

1) Please explain the basis of the £134,147 employer pension contribution paid in respect of the Executive Director of Finance, Lynn Brown? I note the figure increased to £134,147 in 2017 from £26,116 in 2016.

Ø  The sum of £134,147 as quoted in the annual accounts comprised of £14,068 employer contributions before the Executive Director of Finance retired on 30 September 2016 and £120,079 as a one off payment to the Local Government Pension Scheme as recompense for the early release of pension rights

2) Please confirm whether this payment was made in respect of 'added years' and what impact this payment had on the Executive Director's pension benefits?

Ø  The executive Director of Finance, Lynn Brown was not awarded “added years”

3) Please provide a copy of the council correspondence or the official council report which recommended that the Executive Director should be awarded 'added years'.

Ø  Not applicable

The Council accordingly feels that it has complied in full with your request.  However, if you feel that this is not the case or have any questions relating to information contained within the spreadsheet, I can be contacted at the noted e-mail address or on telephone number 0141-287-8186.

However, should you be dissatisfied with the way Glasgow City Council has dealt with your request you are entitled to require the council to review its decision. Please note that for a review to take place you must:

Lodge a written requirement for a review within 40 working days of the date of this letter. Include a correspondence address and a description of the

original request and the reason why you are dissatisfied.

Address your request to the :

Director of Governance and Solicitor to the Council

Glasgow City Council

City Chambers

George Square

Glasgow G2 1DU

Email: FOIreviews@glasgow.gov.uk

You will receive notice of the results of the review within 20 working days of receipt of your request.  The notice will state the decision reached by the reviewing officer as well as details of how to appeal to the Scottish Information Commissioner if you are still dissatisfied with the Council’s response.  You must request an internal review by the Council before a complaint can be directed to the Scottish Information Commissioner.  For your information at this stage, an appeal can be made to the Scottish Information Commissioner by contacting her office as follows if you do remain dissatisfied with the outcome of the Council’s review decision - 

Address: Kinburn Castle, Doubledykes Road, St Andrews, KY16 9DS.

Email: enquiries@itspublicknowledge.info

Telephone: 01334 464610

You can also use the Scottish Information Commissioner’s online appeal service to make an application for a decision:

www.itspublicknowledge.info/appeal

Please note that you cannot make an appeal to the Scottish Information Commissioner until you have first requested an internal review by the Council.

If you wish to submit a complaint to the Council in relation to the manner in which it has handled your request for information then you can do so by requesting that the Council review its decision. Details of how to request a review are set out in the above paragraph “Right of Review”.

Yours sincerely,

John Dickson

Executive Compliance Officer

Financial Services