Agenda item

(The following Councillors voted NOT to approve the Motion: Jason Baker, Mike Best, Martin Carnell, John Clark, Nicola Clark, Adam Dance, Sarah Dyke, Karl Gill, Peter Gubbins, Brian Hamilton, Mike Hewitson, Henry Hobhouse, Ben Hodgson, Kaysar Hussein, Andy Kendall, Tim Kerley, Tony Lock, Paul Maxwell, Kevin Messenger, Graham Oakes, Oliver Patrick, Crispin Raikes, Wes Read, David Recardo, Peter Seib, Garry Shortland, Andy Soughton, Mike Stanton, Rob Stickland, Gerard Tucker)

(The following Councillors voted in favour of the original Motion: Dave Bulmer, Hayward Burt, Tony Capozzoli, Michael Lewis, Sue Osborne, Gina Seaton, Lucy Trimnell and Colin Winder)

(The following Councillor abstained from voting: Robin Bastable)

Councillor Martin Wale proposed his Motion to Council.  He said that he had been called to Chair the Appeal Hearing for the ex-Director and when he received the papers it was apparent the allegations had been known before the recommendations to the Appointments Committee and Council in May 2021.  He said the Council had been misinformed and misled on the appointment and the allegations were serious and criminal and they had not been reported to the police in the proper manner for over 6 months.  He said he felt the matter had been poorly handled and all Councillors had been misled on the suitability of the one candidate for Chief Executive. 

Councillor Tony Capozzoli agree to second the Motion.

Councillor Val Keitch, as Leader of Council, responded that the timeline had been the key factor.  She said it had been suggested that the police should have been informed earlier however the anonymous letter could have been vindictive and vexatious and therefore it had been correct to conduct a full internal enquiry.  The anonymous letter, received in April 2021 had been addressed to the previous Chief Executive and herself and they had immediately instigated a full inquiry by the South West Audit Partnership.  At that point, Ms Pestell did not appear to be greatly involved and another staff member was heavily implicated and there was no reason to suggest she should not be considered for the post of Chief Executive.   The interim Chief Executive post was advertised internally and one applicant came forward, Ms Pestell.  At that stage the investigation was proceeding and people were being interviewed. 

The Appointments Committee met on 4 May and agreed Ms Pestell was suitable to be appointed.  That decision was ratified by Council on 5 May 2021, allowing time for a handover period before the previous Chief Executive left the authority.  On 1 June, an interim report was received from the South West Audit Partnership which cast doubt on that appointment and the offer was immediately withdrawn and Ms Pestell was immediately signed off work as sick.  This delayed the investigation as it was deemed incorrect to insist she attended interviews. Therefore questions were put to her and she responded in writing which took time.  More interviews continued and an independent person was appointed to review the South West Audit Partnership report and give advice.  The conclusion was reached that there was evidence of wrongdoing and a disciplinary hearing of the Appointments Committee was convened for 8 October.  Ms Pestell did not attend the hearing and requested an adjournment of one month.  The disciplinary panel agreed that a delay of one week was appropriate and the panel was reconvened on 15 October. Ms Pestell had previously tendered her resignation and that notice period would have ended on 9 November therefore any delay longer than a week could have meant that she would no longer have been in SSDC employment.  At the disciplinary hearing on 15 October the panel members agreed that there had been gross misconduct and summary dismissal was the only option.  A letter was prepared and Ms Pestell was informed of the decision.  She was allowed 10 days to appeal and an appeal was lodged.  The Appeals Panel upheld the decision of the Appointments Committee.  A file was prepared and passed to the police as had been the intention when the SSDC procedures had been followed. 

The Leader stressed that at no time had she misled Council and she had followed correct procedures at all times.  In retrospect, she said if the South West Audit Partnership report had been received earlier then she may have acted differently, but she had acted properly in the circumstances. She was sad to read SSDC being described as corrupt by the press as it reflected on all staff and she reassured them of her faith and commitment to them all.  But she said when corruption was discovered they had acted properly and taken appropriate action.  She said anonymous letters were insidious and she suspected the police may not have been interested at the initial stage when it was received.  She asked that Council make its decision on the proposed Motion in a fair and non-political way. 

During discussion, the following points were made:

·         As a member of the Appointments Committee I was not pleased at how the timeline had evolved but on reflection I don’t believe there was any intention to mislead Councillors as the investigation had to remain confidential.  Bringing the police in earlier may have interfered with the disciplinary procedure.

·         The Motion was unnecessary as it was assertions and not facts.  The Leader had followed the proper procedure and she had integrity.  If she had made the matter public later than some liked, she had done it at the right time.  This should not be a party political issue and all Councillors should vote they had confidence in the Leader.

·         The timing of the Motion coincided with the by-election in Neroche created by the resignation of the former leader of the Conservative group.

·         Do the proposers of the Motion know of any elected member past or present who had misused council services?

·         Councillor Keitch had the full confidence of the Council group and they had every faith in her ability to lead the council as it moved towards the future. I value her counsel and experience and she is always happy to help any of us, no matter which party we represent.

·         The matter was scrupulously and properly investigated and resulted in the dismissal of the person who misused their public office, but the actions of the council were thorough and correct. 

·         The Leveller magazine had given the council credit for getting the investigation right to the letter but then overlaid the articles with unjustified headlines and smears about corruption. 

·         The Motion of no confidence was a nonsense and should be thrown out by anyone who had grasped the basics of the matter.

·         The Leader has my confidence and she works hours for this council seven days a week.  The Motion could have been brought forward before but it was in a timely manner because of the elections.   

·         The Leaders actions were well advised both in the Appointments Committee and before.  She judged it well and the outcome was correct and the HMRC and police investigation were ongoing so potentially the risk of an employment tribunal meant it was in the best interests to remain confidential. I am disappointed that Councillor Wale made the announcement in Full Council and also that someone leaked confidential papers.  There was a public interest clause in the Constitution but I am not sure that procedure was followed.  But the leader has kept calm in difficult circumstances.

·         I attended the LGA leadership academy with the former Conservative Group Leader and during the course of those studies, I was offered the services of SSDC Streetscene to take down some trees.  I declined because I am aware of the rules around this and also the insurance in case of any accidents.  When I mentioned this offer to the former Conservative Group Leader she said that they had carried out work for her and they were very good.  I am not saying she did anything wrong but the circumstances I find very awkward.

·         I was on the Appeals Panel and the Appointment Committee when we appointed Ms Pestell.  My heart sank when I heard everything and if we had been told from the start what was happening then we could have put it to bed straight away.

·         When we leave here tonight we must leave all grudges behind us.  

·         As Chairman of the Appeals Panel I saw all the papers and there were a number of Councillors both past and one present who were named as using Streetscene services.

·         As we move to a unitary authority our residents and businesses expect us to work to ensure the transition to a single authority is led by those with the skills to ensure the best outcomes.  At this stage we need stability therefore I have confidence in our current Leader to see this authority through to the end.  I will vote against the Motion.

Councillor Martin Wale concluded that he had made his allegations in a confidential item and he had kept to his confidentiality.  The facts all came from the papers he was given as Chairman of Appeals Panel.  The matters in the anonymous letter were all upheld.  The investigation report of 26 June listed serious criminal allegations and they should have been reported to the police then.  The Leader and the former Chief Executive had the powers to stop the appointment.

At the conclusion of the debate, the Chairman requested a named vote be taken.  The vote was taken and the motion was lost by 8 votes in favour, 30 votes against and 1 abstention.

(The following Councillors voted in favour of the original Motion: Dave Bulmer, Hayward Burt, Tony Capozzoli, Michael Lewis, Sue Osborne, Gina Seaton, Lucy Trimnell and Colin Winder)

(The following Councillors voted NOT to approve the Motion: Jason Baker, Mike Best, Martin Carnell, John Clark, Nicola Clark, Adam Dance, Sarah Dyke, Karl Gill, Peter Gubbins, Brian Hamilton, Mike Hewitson, Henry Hobhouse, Ben Hodgson, Kaysar Hussein, Andy Kendall, Tim Kerley, Tony Lock, Paul Maxwell, Kevin Messenger, Graham Oakes, Oliver Patrick, Crispin Raikes, Wes Read, David Recardo, Peter Seib, Garry Shortland, Andy Soughton, Mike Stanton, Rob Stickland, Gerard Tucker)

(The following Councillor abstained from voting: Robin Bastable)