FOLLOWING the publication of a damning public interest report into the council's handling of a payout to the former chief executive, The Press asked council leader Keith Aspden a series of questions.
A spokesperson for the Liberal Democrat group said the answers were addressed in Cllr Aspden's initial statement about the report released on Monday.
The Press asked the following questions:
- Labour and York Conservatives are calling for you to resign, will you? If not why not?
Cllr Aspden faces calls to resign from opposition councillors over the report. The report by auditors Mazars identifies a series of issues with the council's handling of the payout.
But it looks at Cllr Aspden's involvement with the process.
In a statement, Lib Dem councillor Anne Hook said Labour is on a "politically-motivated witch hunt".
She says: “We see no need to take lectures from the York Labour group, who during their period of control wasted taxpayers’ money on vanity projects and bodged bridge closures."
- In your comment on Monday you did not address the alleged bullying allegations – can you explain what they were and whether or not you do deny them?
The report by auditors Mazars identified a series of issues with the council's handling of the payout. It says Ms Weastell’s employment tribunal claim against Cllr Aspden and the council “involved allegations of bullying and victimisation especially by Councillor Aspden.” The accusations are denied by Cllr Aspden and the council.
- The auditors say you should have left the room at the meeting to decide on Ms Weastell's payout – do you regret not doing so now?
Cllr Aspden chaired the meeting that agreed the payout for the former chief executive and did not declare a personal interest, despite Ms Weastell having lodged an employment tribunal claim against the council and Cllr Aspden personally.
Mazars' report says Cllr Aspden was advised that he did not have a pecuniary interest as insurance was in place, but he was advised to consider declaring an interest. The council's monitoring officer told an audit committee it is up to councillors to decide to declare an interest and officers can only advise.
The auditors say: "In our view, however, the claim, the management role, and the earlier investigation into the leader’s conduct in the recruitment matter presented a clear personal interest that would prejudice the judgement of the public interest and the leader should have left the room when the matter was considered."
Cllr Aspden's statement said: “As elected councillors, we have to rely on our adopted codes in place and the external legal and officer advice given.
"This includes the advice my colleagues and I received from legal officers, which on this occasion was that there was no pecuniary or financial interest to declare on the specific decision being made. The council’s adopted Code of Conduct in place is clear and states that; 'you do not have a prejudicial interest in any business of the authority where that business: (a) does not affect your financial position'."
- The auditors say you “prioritised political interests over the need for objectivity in decision-making, and propriety in the use the public funds”. How do you justify this to York’s taxpayers?
Mazars say the matters to be considered at the payout meeting and the compensation sums involved "presented a clear ethical threat" to the leader's position. They also questioned aspects of the payment, including a £24,884 redundancy payment, saying: "The amount paid has not been properly approved and is arguably an unlawful payment. The facts suggest to us that this was not a genuine efficiency of business situation but involved the settlement of threatened claims."
Cllr Aspden's statement said: “We have made significant savings in senior management costs. By deleting the chief executive post and a director post, along with other senior management roles, this administration has saved taxpayers more than £200,000, every year, moving forward."
- What steps will now be taken to prevent any repeat of this situation?
The auditors made a series of recommendations, which the council has accepted.
Cllr Aspden's statement said: “We know that there is certainly more that can be done at City of York Council to improve upon governance arrangements and, more widely, bolster existing processes.
"Work has already started to address this, including the new Director of Governance role and investment to update the council’s constitution. The action plan will complement the work already underway and must include creating a revised constitution, a new model code of conduct, template reports and decision logs."
- In light of this report, do you believe you still have the confidence of your council colleagues and the people of York?
Mazars' report says that "reported failures to manage conflicts of interest demonstrate a pattern or evidence of systemic weakness. They say the responses they received from the leader and officers show they are aware of how these issues "could undermine trust and confidence in the council".
Cllr Aspden's statement says his focus is on "the delivery of real tangible improvements for residents, communities and businesses".
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