John Brace | A blog about Wirral Council, Wirral Council's councillors & officers

UPDATED: Wirral Council U-turns on secrecy of Chief Officer’s early retirement in only 26 hours!

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Employment and Appointments Committee 22nd September 2015 L to R Surjit Tour (Legal), Cllr Adrian Jones (Chair) and Tony Williams (Human Resources) — Employment and Appointments Committee 21st September 2015 L to R Surjit Tour (Legal), Cllr Adrian Jones (Chair) and Tony Williams (Human Resources)

Correction/update An earlier version of this story linked the Employment and Appointments Committee decision to the departure of Malcolm Flanagan. The Employment and Appointments Committee decision was about the early retirement of another Chief Officer Strategic Director Kevin Adderley whose early retirement has been confirmed by Wirral Council.

Yesterday’s Employment and Appointments Committee meeting (see above) was another masterclass in how politicians will seemingly agree to anything that senior officers ask them to do (however nonsensical).

I asked to speak at the meeting to challenge excluding the press and public (a decision that affects me) for the early retirement item and as Mr. Tour stated during the meeting previously early retirements of chief officers (Jim Wilkie’s cost around £111k to Wirral Council) were considered in public. The request to speak was denied.

There is a slight irony to this as when Mayor Cllr Adrian Jones signed up to article 21. Article 21’s interpretation has meant that at other council’s public meetings the public get to speak … but not at Wirral Council when a decision is being made about them by the whole Committee.

I gave the Chair and Mr. Tour a bunch of public interest reasons (the high cost to Wirral Council of early retirement, the cost of recruiting to that post if it isn’t deleted, scrutiny of politicians etc) before the meeting. All ignored, the public were asked to leave and by around 7.30pm at a public meeting, after excluding the public at around 5.05pm, Wirral Council was announcing a name of a chief officer that was retiring (but not the one the Employment and Appointments Committee made an early retirement decision on). Malcolm Flanagan’s departure was announced but Kevin Adderley’s retirement was still a secret until the next day.

The Head of HR wasn’t present at the Employment and Appointments Committee meeting, she was also due to present a report on attendance management to the Transformation and Resources Committee later that evening, however she was absent from that meeting too (yes I do spot the irony in being absent from a meeting where you’re supposed to be presenting a report on why people are absent from work).

Councillor John Salter did ask the Wirral Council officer in her place at the later meeting about the “attendance management” of Emma Degg only to be told that Wirral Council don’t comment on individual cases.

This perhaps shows councillors that as far as officers are concerned they’re the ones running things and councillors can keep their nosy questions to themselves. If they do have the gall to ask them they will be brushed off. The official motto of Wirral Council is “By Faith and Foresight”.

Across the water Mayor Anderson referring to Liverpool City Council commented recently ‘for too long this Council was run like a toy town at Council and officers led the Council by the nose’.

At Wirral Council officers have been leading the Council since as long as anyone can remember (despite what the councillors may say to the contrary). Here are three examples (with the catchphrase of Churchill’s nodding dog).

Will councillors approve officer recommendations for parking charges for Fort Perch Rock car park?

Councillors: Oh yes.

Will councillors do a U-turn on parking charges for Fort Perch Rock car park?

Councillors: Oh yes.

Will councillors decide to close a much-loved special school called Lyndale?

Councillors: Oh yes.

Here are three examples when councillors or those tasked with corporate governance ask officers something.

Will you renegotiate the Schools PFI contract to save money and save having to make massive cuts to the education budget which will cut support for those with special education needs?

Officer: Oh… no.

Will you answer questions about why Emma Degg left?

Officer: Oh… no.

Will you stop using long Powerpoint presentations to deliberately take up so much public meeting time so that nobody on a scrutiny committee has time (or very little time) to ask you questions?

Officer: Oh… no.

So there you go, Wirral Council summarised concisely.

As it was pointed out to me recently by a councillor that I need to be more positive, I will end by wishing Malcolm Flanagan all the best for his retirement and point out that not all officers at Wirral Council are like those described above. Some are decent human beings that work hard in difficult jobs and don’t get nearly enough thanks from either the press, public or politicians.

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What did Cllr Phil Davies’ PR adviser have to say about the LCRCA devolution campaign?

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Liverpool City Region Combined Authority meeting of the 21st September 2015 Part 1 of 2 (devolution and Transport for the North)

Ben O'Brien of Kenyon Fraser Ltd (a PR company) speaking at the Liverpool City Region Combined Authority meeting on the 21st September 2015 — Ben O’Brien of Kenyon Fraser Ltd (a PR company) speaking at the Liverpool City Region Combined Authority meeting on the 21st September 2015

Declaration of Interest – the author wishes to declare an interest in that Google (named in the piece below) has an existing contract with the author for advertising revenue from Youtube videos.

Unusually a Chief Executive of a local PR company called Kenyon Fraser Limited spoke at the Liverpool City Region Combined Authority meeting on its agenda item on devolution. Below is the exchange between Cllr Phil Davies and Ben O’Brien of Kenyon Fraser, then I go into more detail about the existing contracts that this PR company Kenyon Fraser has with Merseytravel/Liverpool City Region Combined Authority.

The Chair Cllr Phil Davies said at the end of a presentation by Ged Fitzgerald (Chief Executive, Liverpool City Council) on devolution, "With the Combined Authority being advised by Kenyon Fraser [Ltd] on this. Ben O’Brien from Kenyon Fraser has come here today, so just with your permission, I’d just like to give Ben a couple of minutes to talk about plans around public engagement, stakeholder involvement etc so Ben, do you want to just say a few words about that please? Thank you."

Ben O’Brien from PR company Kenyon Fraser said, "Chair, very briefly, as has been outlined in the presentation I think things are developing quickly and our role is to take that forward Chair.

I’m Chief Executive of Kenyon Fraser, my name’s Ben O’Brien, we’re a Liverpool based communications consultancy.

We’re very pleased to have been appointed to support taking the work forward and we’re linking in with colleagues in Knowsley in the Secretariat role in order to facilitate that.

And really given the timescales and the tasks in hand to provide additional resources to be able to do that work to a high standard in the timescales that are required of us.

So in short our role is to produce communications resources to support that better engagement with the public, with key stakeholder groups including the business community and other stakeholder groups relevant to the key policy proposal areas that are being taken forward at this time and in advance of the CSR [Comprehensive Spending Review] in the first instance.

So we’re here to provide additional resources, we’re pulling together our plans to support doing that at a city region level and at a borough level, as we’ll be required by the work that officers are undertaking at this stage and we want to take that work forward from here on in as it takes shape.

So thank you for inviting us along to introduce ourselves in the first instance."

Kenyon Fraser have a number of contracts with Merseytravel.

The first called the "Agreement for Consultancy Services relating to High Speed Rail for Liverpool Campaign development and delivery" is a contract dated 16th September 2014 for £99,500 for the work detailed below (prices have been blacked out by Merseytravel as apparently they are "commercially sensitive") .

Merseytravel Kenyon Fraser Limited contract Agreement for Consultancy Services relating to High Speed Rail for Liverpool Campaign development and delivery schedule of rates thumbnail

For those wondering what the taxpayer got for £99,500 (or find it hard to read the image above) that was the work of the Chief Executive, a named Account Director (name was removed by Merseytravel), Account Managers/Designers/Web Designers/PRs and similar & engagement staff. The services of these people are charged on an undisclosed daily rate.

The Cost Summary Schedule detailed work in the following areas:

Campaign Strategy and planning, political engagement up to launch
Design and build website inc one year hosting
PR & Media Relations inc pre launch activity, copy, video, photography, staff attendance
Branding and core materials – design and production
Public launch, engagement activity to 12^th August
Ongoing PR and media relations activity including Liverpool Echo partnership, copy, photography, social media
Political engagement activity including copy, packs, events, liaison
Events programme – business, opinion former and stakeholder engagement, all supporting activity
Public engagement activity across all Local Authority areas post launch period, petition support, public events

Total £99,500 of public money spent on a campaign, which hasn’t resulted in persuading the government to extend HS2 to Liverpool.

There is also an “Agreement for Communication Support” that Kenyon Fraser Limited have (or had) with the Merseyside Passenger Transport Executive dated 12th December 2013. The brief for that one is simple and is:

To provide media support as and when required pending recruitment to the vacant posts within the Corporate Communications Team
To roll out support for the Stakeholder Engagement Plan
To provide specialist development and training support

Oh but there’s more than that! This company also has the "Framework Agreement for Consultancy Services for the Design of Travel Marketing Literature Commencing 1 January 2014 until 31 December 2015". This one is for bus posters, Google PPC advertising, Facebook advertising, other online activities, as well as quarter pages ads in the Liverpool Daily Post (although as this paper ceased publication in December 2013 I’m curious about why it’s in the contract), Southport & Formby Champion, Bootle, Crosby & Maghull Champion and Wirral Globe, advertising on the back of buses, bus stop advertising, employee engagement and PR activity such as "Mersey Summer Time", web page work, leaflets, in-car air fresheners, Meal for 2 incentives, engagement and PR activity.

It looks like this contract was extended in 2014 to 2017 and renamed "Consultancy Services Agreement for the Provision of Design Services for Travel Marketing Literature October 2013 to September 2017".

However there’s more, Kenyon Fraser Limited have a 35 page contract dated 20^th May this year called the "Merseytravel Consultancy Services Framework Agreement 2015-2019 For Consultancy Services (Various Lots)" which is for PR, campaign & engagement.

I could start publishing Kenyon Fraser invoices to Merseytravel, but this is already starting to sound more like an advert for them than a serious piece of journalism. You can find one of the Kenyon Fraser invoices for £29,160 in this earlier story headlined Why did Merseytravel spend £2,775 on a “Parliamentary Reception”?

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First Merseyside Police disciplinary hearing held in public starts today

Merseyside Fire and Rescue Authority Police and Fire Collaboration Committee 1st September 2015 Left Jane Kennedy (Police and Crime Commissioner for Merseyside) Right Sir John Murphy (Chief Constable, Merseyside Police)

I read an interesting article in the Liverpool Echo this morning. The article refers to a police disciplinary hearing for four police officers that’s being held in public (starting today) for four days. By the time this blog post is published the hearing will have started.

This is the first one held in Merseyside since the Home Secretary changed the regulations earlier this year that govern police disciplinary hearings so that they’re in public and not in private.

As mentioned in the Liverpool Echo article, there’s a notice linked from this page on Merseyside Police’s website detailing the hearing information for the four-day hearing starting on 21st September 2015. That last link links to a copy of the three page notice on this blog in case Merseyside Police remove it from their website after the hearing has finished.

The government press release about the changes to the regulations issued about six weeks before the 2015 General Election can be read here.

However there were some parts of the Merseyside Police notice about the hearing that I wanted to quote. These are matters not referred to in the Liverpool Echo article.

Pages one to two of the notice about the hearing deal with the reasons why it is being held, but it is last bit that is interesting (which I will quote in full here, then comment on).

There will be limited seating for members of the press and public. To facilitate your attendance, you must apply by emailing the Merseyside Police Professional Standards Department at:
Professional.Standards.Department.PSD@merseyside.pnn.police.uk, with the following details: Name, Date of birth, Address, Email address, Phone number.

When attending a hearing you will be expected to produce photographic ID. These measures are in place to ensure compliance with Health & Safety legislation and security protocols. You are expected to arrive at least 30 minutes before the start of proceedings to enable staff to complete the administrative process and guide you to the seating area.

No recording or filming of these proceedings is allowed and attendees may be searched prior to entry.

Please note there are no parking or refreshment facilities available at the venue.

The premises are wheelchair accessible and a member of Merseyside Police staff will facilitate the signing in process.

This is a ‘No Smoking Building’.

No food or pets are allowed in the building, other than guide dogs.

So in other words, Merseyside Police want to know exactly who is at the hearing (held in public for the first time) and not only that but they want the dates of birth, address, email address and phone number of everyone from the press and public there.

They expect anyone from the press to show photo ID (not hard for the press as the press will have press cards or photo ID from their employer) but also the public too!

Merseyside Police don’t want any recording or filming of the hearing (presumably this won’t stop people sending tweets about the hearing from their mobile phones during the hearing) and to possibly search people attending.

There won’t be "refreshment facilities" (presumably that means no tea/coffee machine) and for a four-day hearing you’re not even allowed to bring a packed lunch.

Plus they want you to email in advance to say you’re coming!

For a public hearing (or to paraphrase what some councillors would say not a "public hearing" but a "hearing held in public") Merseyside Police would seem to be trying to deter people from going and to gather intelligence on the press and public attending.

Sadly, however interesting it sounds, with Wavertree being a ten-mile trip there and ten miles back from the Wirral we can’t spare someone for the four days of the hearing. I do hope the newspapers send someone though, so there is some record of what happens in this new age of openness and transparency.

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Who was paid a £150,707 salary by the Liverpool City Region Combined Authority?

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Monty Python’s famous sketch about chartered accountancy (as it’s very hard to make jokes about this subject)

Councillor Phil Davies shows off the LGC award Wirral Council received for being most improved Council 12th March 2015 — Councillor Phil Davies (Chair of the Liverpool City Region Combined Authority) shows off the LGC award Wirral Council received for being most improved Council 12th March 2015

As it states in the video above, accountancy can be dull. However I wrote this email below (sent the day before the meeting) about a disclosure mistake in the Liverpool City Region Combined Authority accounts for 2014/15. The Liverpool City Region Combined Authority meets this morning to approve the accounts for 2014/15.

It’s quite simple really, about six years ago the law changed so that public sector employees that are paid a salary of £150,000 or more had to be named in the accounts.

For example on page 160 of the accounts for the Merseyside Fire and Rescue Authority approved last week Dan Stephens, the Chief Fire Officer (on a salary of £170,000) is named. In fact Merseyside Fire and Rescue Authority also name the Deputy Chief Fire Officer and Deputy Chief Executive, as despite their salaries being below the £150,000 threshold it is more transparent to do so as the total they receive is over the £150,000 threshold.

The Chief Executive of Merseytravel (David Brown) on a salary of £150,707 should’ve been named in the Liverpool City Region Combined Authority’s accounts. The email below from myself details the reasons why (KPMG are the external auditors for the Liverpool City Region Combined Authority). Hopefully this will be sorted out at the meeting and corrected.

Subject: agenda item 7 (Liverpool City Region Combined Authority Final Accounts 2014/15) meeting 20th September 2015

To: Cllr Phil Davies
CC: Mayor Joe Anderson
CC: Cllr Barrie Grunewald
CC: Robert Hough
CC: Cllr Andy Moorhead
CC: Cllr Rob Polhill
CC: Cllr Ian Maher

CC: David Brown (Chief Executive/Director General, Merseytravel)
CC: Louise Outram (Monitoring Officer, Merseytravel)
CC: Angela Sanderson (Monitoring Officer, LCRCA)
CC: Stephanie Donaldson (Head of Internal Audit, Merseytravel)
CC: Tim Cutler (Partner, KPMG LLP (UK))
CC: Ian Warwick (Manager, KPMG LLP (UK))
CC: Richard Tyler (Assistant Manager, KPMG LLP (UK))

Dear all,

I am bringing this up in advance of Monday’s meeting, in the hope it can be amended. If it isn’t amended, please class this as a formal objection by a Merseyside local government elector to the accounts of the Liverpool City Region Combined Authority for 2014/15.

The draft statement of accounts at note 9 (which is page 41 in the numbering of the report or page 67 of the supplementary agenda) contains details of the remuneration paid to the Liverpool City Region Combined Authority’s senior employees.

For the year 2015 (I presume this means financial year 2014/15), the Chief Executive/Director General received a salary of £150,707.

A number of years ago the Accounts and Audit (Amendment no 2) (England) Regulations 2009, SI 2009/3322 changed the audit regulations (this change started in financial year 2009/2010) and added the paragraph below:

"(c) the remuneration, set out according to the categories listed in paragraph (d), by the relevant body during the relevant financial year of—

(i) senior employees, or

(ii) relevant police officers,

in respect of their employment by the relevant body or in their capacity as a police officer, whether on a permanent or temporary basis, to be listed individually in relation to such persons who must nevertheless be identified by way of job title only (except for persons whose salary is £150,000 or more per year, who must also be identified by name)."

This requirement was kept in The Accounts and Audit (England) Regulations 2011, SI 2011/817 reg 7(2)(c) and the Accounts and Audit Regulations 2015, SI 2015/234 (which although referred to in the draft statement of accounts will apply from the 2015/16 financial year onwards).

Clearly, the Chief Executive should’ve been explicitly named and wasn’t. I think everyone I write this email to will know he’s called David Brown, but the draft statement of accounts should be amended to state this.

It’s a basic issue of openness and transparency (which I’m sure you’d expect the press to take a viewpoint on).

Yours sincerely,

John Brace

P.S. I know Merseytravel’s accounts are audited separately to the LCRCA, has the same error been made there too?

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Mayor Joe Anderson “my good name [has been] dragged through the mud” over £90,000 legal bill for unfair dismissal case

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Liverpool City Council meeting of 16th September 2015 Part 1 of 6

Mayor Joe Anderson explains why Liverpool City Council paid a nearly £90000 legal bill over an unfair dismissal battle with his former employer Chesterfield High School

After pledging his full support to the Royal National Institute for the Blind for the Council motion on the “Who Put That There!” campaign, Mayor Joe Anderson used his slot on the Council meeting agenda to give a very detailed explanation to those present about his former employer unfairly dismissing him.

“Joe must go” was a slogan on a protest banner I saw earlier this year, but this story starts with Chesterfield High School. Chesterfield High School told Joe to go, but Joe said no.

Joe (being a staunch trade unionist) felt this wasn’t fair. As His Honour Judge Serota QC put it Joe Anderson was on “a reverse form for a zero hours contract” in that he got to be Mayor, do zero hours of work for his employer yet still be paid by his employer!

However it wasn’t the fact that he was being paid for not working that was Joe’s problem. His employer decided that paying somebody for no work wasn’t “value for money” and that the public would be horrified if they knew so sent Joe a P45 through the post.

This hurt Joe. So Joe asked his friends at Liverpool City Council what they could do.

Sure enough Liverpool City Council got a lawyer for Joe. So it went to an Employment Tribunal.

The Employment Tribunal ruled that yes Joe had been unfairly dismissed but even if he hadn’t been, his employer would have still have sacked him anyway. So no compensation for Joe.

This was not the result Joe wanted, so once again he asked his friends at Liverpool City Council what they could do.

Sure enough Liverpool City Council got a lawyer (again) for Joe. So it went to an Employment Appeals Tribunal and here is the judgement.

Once again the case was lost and the final bill (that fell on the taxpayer) came to just under £90,000.

Mayor Anderson at the Liverpool City Council public meeting on the 16th September gave a detailed defence as to why he had done this.

Called to speak by the other Mayor, having been already embroiled in a trial by media, this was Mayor Anderson’s chance to have his say.

With his head bowed down, the normally confident Mayor seemed crestfallen. He started by referring to the blog of the Lib Dem Leader Cllr Richard Kemp. Mayor Anderson said he was doing this not because of Cllr Kemp’s blog.

He referred to it as “the Council’s legal action” (although as you can read from the Employment Appeals Tribunal judgement Liverpool City Council were not a party to the case).

Mayor Anderson was going to tell people the “full facts” and so that the public could “understand the complexities of this” followed by “I’ve certainly got nothing to hide or wish to disclose, err not disclose” .

Feeling his own collar he explained how he’d been on the radio that very day and dealing with the press detailling with the reasons why.

Joe (because it’s very hard in reporting this to know which bit it in this is Joe the former employee and which bit is Mayor Joe Anderson) said, “When I then became Leader of the Council in 2010, people in the Labour Party certainly know but I made a pledge, a promise that I would become a full-time Leader of the Council and for too long this Council was run like a toy town at Council and officers led the Council by the nose. Councillors weren’t here and decisions were made that were quite frankly not good enough for a Council and a city like Liverpool.”

Joe’s explanation was that when he was Leader of the Opposition on Liverpool City Council that Sefton Council had paid the LEA controlled Chesterfield School “round about £7,000 a year”. That was to pay Joe the 208 hours he was allowed off.

He claimed this cost Chesterfield School “less than £4,000” (although I’ll point out that surely Chesterfield would’ve had to pay both Joe time off to be a councillor and someone else to do his job?) which Joe saw as a “good deal”. Mayor Anderson stated that politicians were all doing this including two former leaders of Liverpool City Council.

Mayor Anderson claimed that the money he was receiving for no work from Chesterfield School he was giving to charity.

The difference however, came when Cllr Anderson became Mayor Anderson. He explained “six or seven weeks before my 55th birthday, Chesterfield High School became an academy and six or seven week before my 55th birthday sacked me without any discussion with me, without any negotiation with me” or as he put it “P45 in the post, you’re sacked”.

For him the fundamental principle as a trade unionist, he would support any councillor of whatever colour political party they may be, as the principle of being sacked for carrying out public service should be something that (saying this while twirling his finger) “we all defend and stand by”.

He said that the decision that that it should be challenged and that the indemnity policy applied was taken by the Chief Executive and Monitoring Officer of Liverpool City Council and that the Council’s external auditor and legal advisors were also informed.

In criticism of Councillor Kemp he said, “Let me ask ourselves the question around the politics of this, where it’s getting played out and how it’s disgracefully being played out. Course Councillor Kemp says, ‘Will he pay it back?'” At this point Mayor Anderson just shrugged in reply and then pointed out that former Lib Dem Leaders of Liverpool City Council had had similar arrangements with their employers.

He referred to the trial of former Lib Dem Leader of Liverpool City Council Warren Bradley, that a court had found guilty of perjury followed by saying “I’ve done nothing wrong, I’ve done absolutely nothing wrong. The only thing I’ve done wrong, the only thing I’ve done wrong is trusted the School to honour that procedure that we’ve got in place that was costing them nothing but because it went to an academy they decided to sack me. That was the only thing that we did wrong”.

Mayor Anderson continued, “Then you ask yourself the question, ‘Has Councillor Anderson benefitted from this, has he gained from this?’ Well let me tell ye, not only have I not gained, my good name which I am proud of and the hard work that I do for this City has been sullied by individuals in this Council, dragged through the mud by individuals in this Council, for doing nothing more than trying to serve the people of this City.

It’s been estimated that because I’ve been finished in my local government pension that I had for 16 years that I will have lost somewhere estimated to be £134,000 in contributions. If I die now in service or whatever, I’m not in service of course because I’m not in the pension, my wife, my family I get nothing, no protection! No job to go back to! And yet there are councillors in this chamber that want to pay politics with that.”

He said he would support anyone who was sacked for doing public service “because it’s the right thing to do public service and so my conscience on this matter is absolutely 110% clear” because “nothing I’ve done in this matter was for Joe Anderson. Nothing! ” and “never at any time did I seek any personal gain for me”.

Referring to the opposition Mayor Anderson said, “they played dirty politics with it and that shows to me, that shows to me the contempt that they have for the democratic politics that we engaged in over the Mayoral Deal and also the disrespect that they have for this City and for us and the form of governance that we’ve got.”

Mayor Anderson said that the government has accepted and will change through legislation the changes that need to be made to support mayors in the future. If he’d stayed as Leader of Liverpool City Council, he would’ve retained his salary, retained his allowances and retained his pension.

However the City of Liverpool wouldn’t have had the Mayoral Deal, the schools and wouldn’t have had that investment and he wouldn’t have lost out on his pension accruing and the benefits if he was still part of the pension scheme. He finished by saying, “My conscience on this matter is absolutely clear” and received a standing ovation and applause from his Labour councillors.

There are a series of FOI requests to Liverpool City Council on the whatdotheyknow website here, here and here that give further information on this matter.

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UPDATED: Wirral Council U-turns on secrecy of Chief Officer’s early retirement in only 26 hours!

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What did Cllr Phil Davies’ PR adviser have to say about the LCRCA devolution campaign?

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First Merseyside Police disciplinary hearing held in public starts today

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Who was paid a £150,707 salary by the Liverpool City Region Combined Authority?

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Mayor Joe Anderson “my good name [has been] dragged through the mud” over £90,000 legal bill for unfair dismissal case

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