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No breach of Westley agreement found

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• Solicitors’ advice rejects Jamie Adams’ allegations
• Officers need to learn to live with criticism
• Advice received before key Committee meeting

LEGAL advice commissioned by the Council states no breach of confidentiality took place regarding the settlement agreement between the local authority and former CEO Ian Westley.

The settlement agreement covers derogatory statements by an employer about employee and by an employee about an employer.

A copy of the advice arrived at The Herald’s offices by Royal Mail on Wednesday, February 2. The envelope containing it had no other enclosure, and the envelope was not written by a person with whose handwriting he is familiar.

The Council asked Eversheds to advise it after Cllr Adams alleged a breach of the agreement took place. Jamie Adams claimed the breach occurred during discussions at a Senior Staff Committee meeting on October 2 last year.

In his formal request, Cllr Adams asked that Eversheds ‘specifically give opinion(s) individually on Cllr Michael Williams and Cllr Paul Miller’s comments relating to the Chief Executive’ at the Committee meeting.

Mike Williams suggested that the conclusion of a corporate restructure was overdue and raised a query about the cost of employing external consultants to advise the Council.

The advice reveals that at least two solicitors from Eversheds separately viewed the Committee meeting’s recording before discussing their conclusions about its content.

In Cllr Williams’s case, the advice states that the advice’s authors do not consider his words are derogatory and do not violate the settlement agreement.

The advice goes further and states that: ‘Given the nature of the relationship between the Council and its officers, with the latter being required to implement decisions taken by the Council, some criticism of officers is to be expected from time to time, just as is the case in any other working environment, however unfair that criticism might be perceived by those officers’.

The advice then addresses Cllr Miller’s comments.

Councillor Miller made what the advice describes as ‘obvious criticism of the outgoing Chief Executive’. The advice states ‘the criticism may have been unfair but would not amount to a derogatory statement’.

The advice adds that: ‘Councillor Miller clearly has concerns regarding performance management at the Council, generally, and is expressing (disappointment) that a corporate restructure has (in his view) nor been undertaken’.

The solicitors then turn their attention to whether the Council Leader, Cllr David Simpson, should have corrected the comments made by both Cllr Williams and Cllr Miller at the time they made them.

The advice points out the difficulty of interjecting in an online meeting and continues that there was ‘no reason for the Leader to intervene’. It continues to provide a broader context for Cllr Miller’s remarks, including technical problems during the webcast and Head of HR Ceri Davies’ contribution, to whom Cllr Miller addressed his remarks.

As far as Cllr Simpson’s involvement goes, the advice states it does not believe there was much Cllr Simpson could have done at that point without ‘blowing the matter out of proportion’.
The advice adds that Cllr Simpson responded to a direct question on the issue put by Cllr Jacob Williams, six days after the meeting. David Simpson confirmed a corporate restructure took place on Mr Westley’s watch.

The advice was circulated to all councillors this week. It will have been seen before its release by several senior Council officers.

That last point raises a further one.

The copy of the advice we have is clearly dated a week BEFORE the Council’s Corporate Overview and Scrutiny Committee which discussed Cllr Adams’ notice of motion. However, it is apparent from that meeting’s content that the advice was not disclosed to members before that meeting. Had it been disclosed, the meeting’s consideration of Cllr Adams’ notice of motion would certainly have been better informed.

Committee Chair, Cllr Brian Hall, will not be amused by not having the fullest possible and most up-to-date information to hand when considering the notice of motion. It’s hard to credit that any other Committee members, once they realise the advice was with Council officers before their considerations, will be delighted at the failure to give them the full picture.
Two questions arise, therefore:

Firstly, which officer or officers had the advice in their possession before the Overview and Scrutiny meeting took place; and,

Secondly, and crucially, why they sat on it for a protracted period until it was sent to all councillors this week.

Whoever sat on the report will almost certainly be asked to account for their inaction.

We asked Jamie Adams whether the advice given by Eversheds addressed his concerns about any alleged breach of the settlement agreement with Mr Westley.

Crime

Mother admits to killing seven-year-old son in Haverfordwest

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A mother has admitted to the manslaughter of her seven-year-old son at their home in Haverfordwest, citing diminished responsibility.

Papaipit Linse, 43, appeared at Swansea Crown Court on Friday (Nov 22), where she denied murder but pleaded guilty to manslaughter in connection with the death of her son, Louis Linse. Prosecutor Caroline Rees KC confirmed the manslaughter plea would be accepted, stating it “did not come as a surprise” to the prosecution.

The incident occurred on 10 January when police were called to a property on Upper Market Street. Louis was rushed to Withybush General Hospital but tragically died shortly afterwards.

During the hearing, Linse, who spoke only to confirm her name and enter her pleas, was informed that she would be sentenced on 13 December. Judge Paul Thomas KC described the case as “clearly a very sensitive as well as a very tragic case.”

The court was told that Linse is currently receiving treatment at the Caswell Clinic, a mental health facility in Bridgend. Psychiatric evidence is expected to be presented during the sentencing hearing to provide further insight into the circumstances surrounding the case.

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Community

Council warns of icy conditions as temperatures drop

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ROAD users in Pembrokeshire are being urged to exercise caution tonight as temperatures are forecast to dip below freezing.

Pembrokeshire County Council has announced that road surface temperatures could reach as low as -2°C, with the possibility of sleet or snow on higher ground. In response, precautionary salting of the county’s primary routes will be carried out this evening and overnight.

A spokesperson for the council said: “Road users are advised to take care if travelling on untreated roads.”

Motorists are reminded to plan ahead and drive carefully, particularly in areas that may not have been treated.

Stay tuned to The Herald for updates on road conditions and weather warnings.

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Community

Stallholders wanted for Milford Haven Christmas Market

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MILFORD HAVEN BUSINESS CIRCLE is calling for stallholders to join the town’s festive Christmas Market, set to bring holiday cheer on Friday, December 6, and Saturday, December 7, 2024.

The market will take place at the Lower Charles Street Car Park, promising a vibrant mix of stalls and attractions. Organizers are seeking a variety of vendors, including those offering gifts, children’s toys and games, food, cakes, flowers, and more.

There’s also an open invitation for someone with small children’s rides to add to the festive fun. A highlight of the event will be the Grinch’s Grotto, offering an entertaining twist to this year’s celebrations.

If you’re interested in having a stall, contact the Milford Haven Business Circle via email at [email protected] for more information.

Mark your calendars and join the excitement as Milford Haven celebrates the season in style!

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