News / Council watchdog to probe Clark pay off
SCOTLAND’S local government watchdog is coming to Shetland this month to investigate the departure of the local authority’s controversial chief executive David Clark last week.
Mr Clark agreed to take a £250,000 tax free pay off to leave the council after just eight months in his post, after high profile fall outs with local councillors.
The deal caused uproar in the community, with islanders marching on Lerwick Town Hall last week to demand Mr Clark be sacked for bringing the isles into disrepute.
In December last year the Accounts Commission said they were concerned about “high profile relationship issues” at Shetland Islands Council after a series of fall outs between Mr Clark and councillors, culminating in a complaint by six members about the chief executive.
At the time they ordered the Controller of Audit to investigate their concerns that there may be deeper problems with the way the council is being run.
However that visit was delayed when Mr Clark suddenly left his office on 26 January as the islands were celebrating their annual fire festival Up Helly Aa. Three days later his lawyers contacted the council asking to negotiate a settlement for his departure.
Rory Mair, chief executive of local government umbrella group COSLA led the talks for the council and on 19 February councillors agreed to a tax free pay off of around £250,000, which is likely to cost the authority closer to £500,000.
Both sides issued a statement on 24 February saying that it had become impossible for Mr Clark to continue in his post following speculation about his private life in a national newspaper in January.
Two days later the police reported Mr Clark to the procurator fiscal over allegations he threatened a Lerwick councillor with violence during a phone call in September.
Last Saturday around 50 people gathered in Lerwick’s Market Cross calling for the entire council to resign and stand for re-election as confidence in them had fallen to an all time low.
Convener Sandy Cluness came in for particular criticism, though he has staunchly defended his position throughout.
Last week Audit Scotland indicated they might not send a team up until next month, but yesterday they made it clear the situation required more urgent action..
In a statement the organisation said they recognised “Shetlanders’ high levels of concern about recent events at their council” and had been following developments closely.
They said it would have been difficult to pursue on-site audit work while the chief executive’s position was “unresolved”.
“We will now begin work, looking particularly at the events surrounding the departure of the chief executive and the decision-making processes followed by the council,” the statement said.
“We expect to have a report ready for the Accounts Commission by the end of April, for consideration at their meeting in mid-May. At that meeting we will also brief the Commission on the wider governance issues at the council. The Commission will announce its response to the Controller of Audit’s report after this meeting.
“We cannot pre-empt what steps the Commission may take but it has powers to require further audit work, to hold a public hearing, and, in certain circumstances, to censure, suspend or disqualify elected members.”
One or two members of Audit Scotland’s best value team will meet councillors and officials to discuss what happened with Mr Clark and why certain decisions were taken.
The report will be made public in late April and then presented to the Accounts Commission who will decide whether further action needs to be taken.
Yesterday convener Sandy Cluness, who is currently attending the COSLA annual conference in St Andrews, welcomed the move, saying “as far as I am concerned the sooner the better”.
He said: “What I am hoping is that the council will be seen to have been acting properly in everything it has done, but I am happy that these things are being investigated by an independent body like Audit Scotland.
“I would hope that the main work will be done by May and by that time we will have COSLA’s Imrpovement Service assisting us, so it’s all moving in the right direction.”
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