Spending Public Money

Here's a response from South Lanarkshire's chief executive - to my letter querying the council's use of public money - see post dated 16 November 2010.

Predictably, the chief executive does not even attempt to explain the council's actions - and instead just refers to the pension scheme regulations - in a typically bureaucratic response.

So the matter will now be referred to the Accounts Commission for Scotland - which has a remit to ensure that councils always strive to achieve 'best value' - in spending public money.

Dear Mr Irvine

I refer to your letter of 28 October 2010 and my subsequent e-mail of 29 October 2010.

In relation to your complaint, I would have the following comments:-

a) & b) The Council do not accept that we have acted improperly or in contravention of the pension regulations in connection with the termination of Mr Cuthbertson's employment.

The Local Government Pension Scheme (Scotland) Regulations 1998 No 366 are intended to be read in conjunction with other relevant regulations such as The Local Government (Compensation for Redundancy or Premature Retirement on Reorganisation) (Scotland) regulations 1995 No. 340, and The Local Government (Discretionary Payments and Injury Benefits (Scotland) Regulations 1998 (as amended) and I would refer you to those regulations for their terms.

c) The regulations as detailed above provide for early retirement on the grounds of business efficiency and redundancy. Mr Cuthbertson's post was not redundant.

For your information, there remain a number of reasons whereby a member leaving employment early has the right to access their pension. I refer you to the regulations for their terms.

d) Your calculations in respect of additional costs are incorrect. The Council's calculations were based on the aforementioned regulations. Again, I refer you to them for their terms.

I am satisfied the Council has acted properly in this regard and will respond to any appropriate body should you choose to refer this matter to them.

Yours sincerely,

Archibald Strang

Chief Executive

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