Follow me @LindaDerrick1
Facebook Linda Derrick for Ridgeway East
8 January 2025
I am reproducing at the bottom of this blog an e-mail I sent to the Chair of Hughenden Parish Council on 4 January. I hope it is self-explanatory.
It covers unlawfully convened meetings, unauthorised appointments, breaches of Financial Regulations, and failure to declare financial interests.
Nothing changes – it only gets worse.
All I would add is that if Ms. Yaseen, HPC’s Chief Officer, continues to convene meetings of Council and its Committees, I believe she will continue to convene these meetings unlawfully.
I cannot attend what I think is an unlawfully convened meeting as a councillor. I cannot attend the January Council meeting in any case. However, it would mean I would not be able to attend the final Finance Committee meeting on 4 February nor the final Council meeting in March.
In effect, the failure by Council to appoint Ms. Yaseen as Proper Officer will mean I will not be able to participate in discussions at these meetings or vote. In effect my constituents will be disenfranchised.
I have to say that this leaves me in an uncomfortable position. As a councillor, I share collective responsibility for Council’s decisions. I believe many of the Council’s decisions are improper, irregular and unlawful. However, I will not now be able to even make my views known as a councillor at meetings.
There have been two responses to my e-mail - one from Mr. Truppin, HPC’s locum Clerk, and one from the external auditor. They are at the end of this blog.
As usual, I leave you to come to your own conclusions.
My email to the Chair of Council, copied to Council and external interests, on 4 January 2025.
Subject: Setting of HPC's precept at an unlawfully convened meeting
Dear Stan
1. On 1 December, I e-mailed you, again, about my concerns about the process of the appointment of Ms. Yaseen as Chief Officer by Council on 19 November. I was concerned, amongst other things, that Ms. Yaseen was not appointed as the Council’s Proper Officer or Responsible Financial Officer (RFO) or Clerk and therefore could not perform the statutory and other duties and responsibilities of these roles.
2. I am writing now about my continuing concerns and the serious implications it has for Council.
3. This includes my concern that, if the January Council meeting is convened by Ms. Yaseen, it will be unlawfully convened and any decisions will be invalid.
4. As this is the meeting where Council has to comply with its statutory duties to approve a budget and set its precept, I am copying this e-mail to the S.151 officer in Bucks Council. I assume when Bucks Council collects HPC’s precept, it would wish to assure itself that the setting of the precept was lawful.
5. Ms. Yaseen made serious allegations about me when I raised my previous concerns and discussed these allegations with the CEO of Bucks Council and local MPs. I am therefore copying this email to them and making this e-mail public.
Background
6. On 3 December, you e-mailed to say, amongst other things, that: -
“For clarity, Louise [Steele] remains as RFO until Council approves a change, but Philip [Truppin], as Proper Officer, can delegate that role to the Chief Officer immediately.”
7. I have repeatedly pointed out that Mr. Truppin cannot delegate his role as Proper Officer to anyone else even on a temporary basis. That power under HPC’s Standing Orders (paragraph 15 a) and its Scheme of Delegation is for Council.
8. On 4 December, Ms. Yasseen convened a meeting of HPC’s Human Resources Committee for 10 December. I pointed out that it was for the Proper Officer to convene Council and Committee meetings. I therefore thought the meeting had been convened unlawfully.
Meeting of HR Committee on 10 December 2024
9. I believe the meeting of the HR Committee went ahead.
10. Mr. Truppin prepared a supporting paper for the meeting about the appointment of the Chief Officer. It says: -
“2. Topic Title: Chief Officer
Councillors are advised that Marina Yaseen has commenced in post, from 2 December 2024, as Chief Officer of the Council. … Advice has been sought from [the Local Government Resource Centre (LGRC)] concerning the titles of the persons engaged as Locum Clerk and RFO:
1. It is possible that a Locum and a substantive Clerk can exist at the same time. There are many precedents for this practice. Only one can be ‘Proper Officer’ and this needs to be addressed.
2. The Functions of the Responsible Financial Officer (RFO) are currently being carried out by Louise Steele and it will need to be determined at what point formal handover is agreed.
With reference to the Proper Officer, this will need to be resolved at the next Council meeting in January. In the meantime, it is perfectly legal for the functions of proper officer to be delegated to others, and this is being implemented, delegating to the Chief Officer and, in the absence of both the current proper officer and Chief Officer, the Deputy Clerk/Service Manager.
Councillors are advised that the RFO role is included in the Job Description for the Chief Officer, but it would be prudent to formally appoint the same time as Proper Officer.
3. Recommendations
The HR Committee is invited to consider a number of recommendations to council:
1. To formally appoint Marina Yaseen as Proper Officer.
2. To formally appoint Marina Yaseen as RFO”
11. I believe Mr Truppin’s advice in this paper about the delegation of the functions of the Proper Officer is incorrect. I have to say, yet again, that only the Council can delegate this function and, even then, it is only in the absence of the Proper Officer.
12. However, I welcomed the proposed recommendations i.e. that Council should formally appoint Ms. Yaseen as Proper Officer and RFO and I assumed this would be done at the January Council meeting.
Draft Minutes of HR Committee on 10 December 2024
Appointment of Chief Officer
13. Over the Christmas period, the draft minutes of the HR Committee meeting were put on line. They state:-
“5. Appointment of Chief Officer
Cllr U Prashar advised the committee that having discussed with Cllr S Jones and the Locum Clerk that the Chief Officer was appointed as the Responsible Officer and Proper Officer by Full Council on the 19th November.
The committee NOTED that Marina Yaseen was appointed by Full Council as the Proper Officer and Responsible Financial Officer to Hughenden Parish Council under the title of Chief Officer as advertised.”
14. I was dismayed to see this. The draft minutes of the Full Council on 19 November on HPC’s website say:-
“By a majority of 7 to 1 the Council duly RESOLVED to approve the appointment of Marina Yasseen as the Chief Officer.”
15. There was no mention in the supporting papers of the roles of Proper Officer or Clerk or RFO, the proposed resolution only referred to the Chief Officer, there was no mention of any of these roles in the job description of the Chief Officer on HPC’s website and there was no mention of any of these roles at the meeting.
16. It is clear to me that Council did not resolve to appoint Ms. Yaseen as Proper Officer or RFO “under the title of Chief officer as advertised” or otherwise.
17. It should also have been clear to members of the HR Committee i.e. Cllrs Prashar, Cadwallader, Kearey and yourself.
18. Indeed, it is clear that you thought Council had not appointed Ms. Yaseen as Proper Officer or RFO when you wrote your e-mail of 3 December. You have now changed your mind, apparently on the advice of Cllr Prashar.
19. Similarly, it is clear that Mr. Truppin thought Council had not appointed Ms. Yaseen as Proper Officer or RFO when he wrote his supporting paper for the Committee, based on advice from his employer, the LGRC. Mr. Truppin also changed his mind, apparently on the advice of Cllr Prashar.
20. There is no indication as to what Cllr Prashar based her advice on. I can only assume that Cllr Prashar did not take legal or independent advice but merely gave her own opinion. I can only wonder why you and Mr. Truppin changed your minds on the advice of Cllr Prashar.
21. I have to point out that it is not for Cllr Prashar, or you, or Mr. Truppin, or the HR Committee to decide what Council decided. That is for Council to decide – and that can’t happen before the Council meeting on 21 January unless you convene an Extraordinary meeting.
22. In the meantime, it is clear that there is, to say the least, considerable uncertainty about the issue.
Other appointments and contracts
23. At the same HR Committee meeting on 10 December, I was similarly dismayed to see the draft minutes record:-
“7. Confidential Business
The committee agreed to discuss Handover and Contracts under confidential business.
Handover
The committee discussed the positions of the current Locum Officers and RESOLVED the following:
• Louise Steele the Locum Responsible Financial Officer will become the Financial Consultant but will be delegated the powers of Responsible Financial Officer by the Chief Officer.
• Philip Truppin the Locum Clerk will become a Consultant to assist to provide training and support for the Chief Officer.
• Both consultants would remain supporting the Council and Chief Officer at least until the end of February to provide support with the audit in February 2025.
Contracts
The committee NOTED that outstanding contracts need to be issued by the 20th December 2024.”
24. I have to point out that the HR Committee has no power or authority to:-
1. Appoint Louise Steele as Financial Consultant. This is for Council.
2. Appoint Mr. Truppin as a consultant. This is for Council.
And Ms. Yaseen has no power or authority to delegate the powers of the RFO to Ms. Steele. This is for Council.
Neither has the Committee the power or authority to authorise the expenditure for a contract to Ms. Yaseen as an employee because Council has not approved her terms and conditions. Nor has the Committee the power or authority to authorise the expenditure on any contracts with LGRC who employ Ms. Steele and Mr. Truppin; this is for Council.
Finally, I note that no independent legal or other advice has been sought on this situation. The only advice which has been sought has been that of the LGRC and Ms. Steele is a director of LGRC and Mr. Truppin is employed by the LGRC. The LGRC, as a corporate body, and Ms. Steele and Mr. Truppin as individuals, have conflicts of interest in giving advice as they have financial interests in the outcome of the considerations of the HR Committee and Council.
25. I note that, yet again, Mr. Truppin failed to declare his interest in this item on the agenda and remained at the meeting to advise Council when he had a clear conflict of interest.
26. As you know I cannot attend the January Council meeting. I will see on my return what action Council takes.
Mr Truppin’s response on 6 January 2025
“I really do not wish to comment in detail, but Cllr derrick is wrong on almost every assertion
P”
External Auditor’s response on 7 January 2025 to me
“Thank you for copying us in on your email to the Council; I have included some information for members and officers below, which I hope is helpful.
Please note that if the Council does not comply with the requirements of its SOs and FRs in appointing the proper officer and RFO and/or with s151 of the LGA 1972 in appointing the RFO, then Assertions 2 and/or 3 should be answered ‘No’ on the 2024/25 AGAR and an explanation published.
If the Council believes that any meetings have been unlawfully convened as a result of this transition period, please ensure that resolutions are retrospectively ratified as appropriate.
I hope everything settles down in due course; please let us know if the main contact needs to be changed on our database – it is currently showing Mr. Truppin as Locum Clerk with the ‘clerk@’ email address.”
Comments