After caution Cl is ww sacked

Cardinham Parish Council sacks its Clerk.
As usual - its unlawful, its secret, and its covered-up.
And the Clerk should not have been sacked.

In August 2010 the CPC Chairman made this 9 word statement: - "the Clerk is no longer employed by Cardinham Parish Council"

1. CPC kept secret Minutes of 13 Closed Sessions held Dec 2009 - Dec 2010 They were released in February 2011, by David Stevens supported by Sarah Mason (CALC) in response to our FoIA request. The Minutes are a revealing record of the disciplinary process of CPC which led to the wrongful dismissal of the Clerk Decisions and actions minuted are unlawful, being neither advertised nor publicly minuted. The Minutes also identify further documents, highlighted thus for which we have made FoIA requests.

2. EXTRACTS FROM CLOSED SESSION MINUTES CHRONICLE THE CLERK'S SACKING (Quotations from the Minutes are "identified thus") 2.1. CPC ClosedSession Minutes 18/5/2010. The Committee (Chair Cllr Steven Best) reported it "had completed their report" (FoIA Requ 1) "into allegations against the Clerk." Then it admitted that "the full investigation Report "(FoIA Requ 2) "could not be revealed" Despite this CPC then decided:- "The Clerk is to receive a formal written warning" and agreed "..to send a letter confirming this to Mrs Hoskin" (FoIA Requ 3) This appears totally unjustified! a) There is no record the Clerk was allowed to defend herself b) No reason is given for the warning. c) CPC expressed full confidence in the Clerk just 3 days later!!

Click to open	2.2 Letter Cllr S Best to Archie Bonker 21/5/2010. This is how Cllr Best, expressed his full confidence in the Clerk. "The Committee could find no evidence that the Clerk had acted recklessly or unlawfully, nor could it establish that the Clerk had lost the faith of the Council or the community Cllr Best wrote this after the Staffing Committee had investigated the Clerk for accepting a criminal Caution on behalf of CPC

3. CPC Closed Session Minutes 15/6/2010. CPC's concern about the Clerk not replying to letters was "was passed to the Staffing Committee" CPC regarded this as a further misdemeanour to complete its Disciplinary Process to sacking her.

4. CPC Staffing Committee Minutes 1/7/2010. The Clerk was asked to attend and "..to give explanations" regarding "administrative issues" After the Clerk left "the Committee felt it was necessary to instigate a full investigation into the administrative issues discussed. Cllr S Best was nominated." This "full investigation" must have produced a report (FoIA Requ 4)

5 CPC Closed Session Minutes 20/7/2010. First, "a verbal report from Cllr S Best was given" to CPC (verbal is not adequate!) Second, CPC decided on the sole basis of that verbal report: - "There will be a Disciplinary Hearing Meeting on Friday 23rd July which will be attended by Mrs Hoskin, members of the Staffing Committee and an independent representative". Third, CPC "..agreed that checks and balances would be need to be put in place in future to ensure that a better control is kept on Council matters" CPC (the employer!) admits inadequate control of Council matters. So CPC cannot blame the Clerk.

6 CPC Closed Session Minutes17/8/2010 The Staffing Committee had "..attended a Disciplinary Meeting on 11/8/2010 regarding..Mrs J Hoskin and a Report" (FoIA Requ 5) "had now been received from that hearing" CPC approved the "..recommendations of the Disciplinary Panel Meeting..... that the Clerk be dismissed without notice. A letter of dismissal" (FoIA Requ 6) *..."be sent to Mrs Hoskin"*

7 CPC Closed Session 21/9/2010 "Cllr S Best reported" (FoIA Requ 7) "on the appeal by Mrs Hoskin regarding the Disciplinary Hearing. The Appeal Panel upheld the conclusions of the Disciplinary Hearing"

8 CONCLUSION. 8.1 THE CLERKS SACKING WAS AN UNLAWFUL ACTION BECAUSE: - The Disciplinary Process was based on unrecorded, and therefore, unlawful decisions. 8.2 THE CLERKS SACKING WAS UNFAIR BECAUSE:- a) The Formal Written Warning was unjustified because three days later, CPC expressed its full confidence in the Clerk. b) The subsequent recommendation to dismiss, rested on the unjustified written warning. c) The recommendation to dismiss was itself unjustified because it related to "administrative issues" which CPC admitted, were its own fault. 8.3 ANY ALLEGED MISDEMEANOURS BY THE CLERK ARE NOW IRRELEVANT. THE DISCIPLINARY PROCESS WAS UNLAWFUL AND UNFAIR THROUGHOUT. This is a clear case of wrongful dismissal. 9. WE NOW NEED DETAILS OF WHAT CPC ALLEGED THE CLERK DID WRONG. 9.1 JUST TWO MISDEMEANOURS ARE REFERED TO IN THE CLOSED SESSION MINUTES. a) The Clerk's 3 year defiance of ICO Can you believe CPC didn't know about it? If CPC knew then she's not to blame b) The Clerk failure to reply to letters. We know CPC had no systems in place to monitor this. So again she is not to blame. We need to examine how CPC investigated these misdemeanours and represented them to the Disciplinary Hearings and Appeal and to the Clerk. 9.2 THE CLOSED SESSION MINUTES IDENTIFY THESE RELEVANT DOCUMENTS We have made FoIA requests for these documents, in the public interest. Document . Mentioned in: 1 Report on Clerk's Defiance of ICO. Closed Session Minutes 18/5/2010 2 Full investigation Report on Clerk'sDefiance of ICO. " 18/5/2010 3. Letter to Mrs Hoskin confirming Formal Written Warning " 18/5/2010 4. Full investigation into administrative issues (Not replying to letters) Staffing Committee 1/7/2010 5. Report on Disciplinary Meeting Closed Session Minutes 17/8/2010 6. Leter of dismissal without notice to Mrs Hoskin. " 17/8/2010 7. Report of Disciplinary Hearing Appeal. " 21/9/2010 In addition we require: - 8. "list of recommendations for the future administration of the Council" " 18/5/2010 9. " checks and balances ..to ensure... control of Council matters." " 20/7/2010 We are aware that personal information in these documents is exempt from FoIA requests. No personal, family, financial etc. information is required. However, the sacking of the Clerk is now public knowledge. Release of the above will confirm the sacking was wrongful and will clear the Clerk's name.