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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

Teenager charged following rape allegation at Saundersfoot nightclub

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Incident reported at Sands Nightclub in early hours of Sunday

DYFED-POWYS POLICE is investigating an allegation of rape following an incident reported at Sands Nightclub in Saundersfoot in the early hours of Sunday (Dec 14).

An 18-year-old man was arrested after officers were called to the venue, which is a popular late-night spot in the seaside village. The allegation relates to events said to have taken place during the early hours of the morning.

Joshua Probert, aged 18, has since been charged with one count of rape. He has been remanded in custody and is due to appear before Swansea Crown Court on Thursday (Dec 18).

The complainant is entitled to lifelong anonymity under law, and no further details about the allegation can be reported at this stage.

Dyfed-Powys Police confirmed that enquiries are ongoing. Officers are understood to have carried out initial investigative work shortly after the report was made, including speaking to witnesses.

Anyone with information that may assist the investigation is urged to contact Dyfed-Powys Police.

  • Anyone affected by sexual assault or rape can contact the 24/7 Rape & Sexual Abuse Support Line, run by Rape Crisis England & Wales, on 0808 500 2222. Calls are free and confidential.
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Local Government

Mayor visits Milford Haven Library Christmas event

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THE MAYOR of Milford Haven, Cllr William Elliott, paid a visit to Milford Haven Library on Tuesday morning to attend its festive Mince Pie and a Cuppa event.

The event brought together library staff and local residents, with the Mayor thanking staff for their work supporting the community throughout the year. During the visit, Cllr Elliott also spent time speaking with residents who had come along to the event or were visiting the library to borrow books.

Milford Haven Library is part of the Pembrokeshire Libraries service, which provides access to books, information, and community activities across the county.

The Mayor wished residents a Merry Christmas at the close of his visit.

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Crime

Milford Haven man jailed after drunken attack on partner and police officers

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A MILFORD HAVEN man who launched a violent drunken assault on his partner before attacking two police officers has been jailed for three years and six months.

Alexander Campbell was sentenced on Wednesday (Dec 16) at Swansea Crown Court after admitting causing grievous bodily harm and two counts of assault occasioning actual bodily harm.

The court heard that Campbell had been in a relationship with his partner, Miss Cox, for six years. On the night of the offence, he returned home highly intoxicated and became argumentative.

Alexander Campbell was sentenced at Swansea Crown Court, with the judge describing him as a “cowardly bully.”

Prosecutor Rieve Nesbitt-Marr told the court that Miss Cox advised Campbell to go upstairs and sleep off the alcohol. Instead, he began poking her and told her not to tell him what to do.

Campbell then launched what Miss Cox described as “a flurry of punches that rained down on her.”

Neighbours contacted police after hearing the disturbance. When officers arrived, they found a smashed bowl on the floor and Miss Cox lying on the sofa under a blanket, covering her face.

Body-worn camera footage played in court showed Campbell threatening officers, telling them: “I will turn this place into a f***ing murder scene.”

As officers attempted to separate the parties, PC Thomas placed her arm out to create distance. Campbell grabbed her wrist with force, an assault captured on body-worn video.

He then attacked PC Jones, climbing on top of him and punching him repeatedly, again recorded on police body-worn footage.

PC Thomas later attended Withybush Hospital, where she received four stitches under local anaesthetic. Miss Cox suffered severe facial bruising, with one eye swollen almost shut.

The court was told that Miss Cox’s ten-year-old daughter was upstairs at the property during the incident.

Campbell has 27 previous offences. In mitigation, the court heard that he accepted alcohol turned him into a different person, telling the court: “I’m an ugly person when I drink. I’m a different person when I’m sober.”

Sentencing Campbell, the judge said he knew better than anyone how alcohol affected him.

“You came home in a bad mood and almost predictively, you assaulted her,” the judge said.
“The noise and aggression was such that the neighbour called the police.”
“You gave her a bruise on her face that can only be described as a large shiner.”
“In short, you have injured three people. Your conduct was utterly pathetic, like an overgrown child.”

The judge also referred to Campbell’s violent history, describing him as a “cowardly bully.”

While acknowledging that Campbell had previously complied well with a suspended sentence after removing his own alcohol tag, the judge said custody was unavoidable.

Campbell was sentenced to three years and six months in prison, with half to be served in custody and the remainder on licence.

Warning him about his future, the judge added: “If you carry on with this behaviour you will spend a lifetime in prison. The only person who can change this is you.”

The court also granted a restraining order for five years.

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