Complaints process under way against ‘special leave’ OIC chief

Orkney Islands Council is investigating complaints surrounding its chief executive, Oliver Reid, The Orcadian understands.

The local authority did not respond when The Orcadian asked if a disciplinary process was under way.

The authority only reiterated its previous statement from May 25, that Mr Reid is on “special leave.”

Since this announcement was made over six weeks ago, those who have spoken to The Orcadian have expressed their surprise, saying they were aware of no concerns with the way the chief executive was carrying out his job.

OIC has never challenged our previous reporting, where we said an investigation was to be undertaken, and that councillors may be asked to sit on a panel to make a decision about this.

Documents shared with the newspaper show that forming a panel of elected members is how councils are supposed to handle claims of a disciplinary nature or questions of competency involving their chief executive.

OIC policies say the authority follows national guidance created by the Scottish Joint Negotiating Committee for Chief Officials.

This framework states:

• When faced with any allegations, a council leader will appoint a group of councillors to decide if a formal investigation is needed.
• If an investigation is required, this will be led by an independent investigating officer.
• Depending on the officer’s findings, the matter could go before a “hearing committee” of elected councillors.
• If a chief executive wants to challenge this group’s findings, a separate “appeal committee” will be formed, made up of different elected members.

The framework says records are to be kept of the meetings and decisions taken at different stages of the process.

OIC has told The Orcadian it has no records of any dates of meetings to discuss Mr Reid’s leave and the reasons which led to the leave.

The newspaper asked the council if it was following its own policies, but this question was not answered.

A spokesman for the council said they had nothing further to add to their previously issued statement: “The council can confirm that the chief executive, Oliver Reid, is on a period of special leave. Interim acting up arrangements are in place.”

A legal expert, approached by The Orcadian, was confident that OIC could release more information than it has already.

Francis Shennan, a former media law lecturer, said: “‘Special leave’ is normally understood to mean time off in an emergency or at short notice because of the ill-health of the person concerned, of a close family member or due to an inability of the person to perform their functions for whatever reason.

“There are clear public interest grounds for disclosing a reason,” the former member of Employment Tribunals Scotland added.

“The reason can be disclosed in terms which do not infringe the person’s right to privacy or confidentiality.”

Mr Shennan believes that not disclosing the reason, in general terms, could be unfair to the person concerned, by needlessly giving rise to speculation.

Orkney’s MSP Liam McArthur shared his concerns with the newspaper on the “unsettling” lack of information being shared by OIC.

“It’s fair to say that the decision to put the chief executive on ‘special leave’ came as a surprise to almost everyone,” said Mr McArthur.

“In such circumstances, there will be strict limits on what the council can say for legal reasons.

“Nevertheless, the lack of information and ongoing uncertainty are unsettling and it is in the interests of all concerned that any process that needs to be followed is concluded without undue delay.”

Director of Newsbrands Scotland, John McLellan, told the The Orcadian he was “shocked” by the council’s “apparently dismissive attitude towards democratic accountability.”

The public has a right to know how decisions in their name are being reached, he said.

Mr McLellan continued: “But having seen at first hand from my time as a councillor in Edinburgh how senior officers and administration councillors can pay lip service to openness and transparency, it does not surprise me in the slightest that given half a chance they will do anything to avoid proper scrutiny.

“There is an election in less than a year, and I’d hope voters in Orkney will show the door to any councillor who continues to hold them in such contempt.

“I’m sure The Orcadian won’t let them forget.”

ALACE, the trade union body for local authority chief executives, told the newspaper it “does not comment on individual cases of this type.”

• In this week’s edition of the newspaper, online now and in shops this afternoon, we have further coverage on this story. This includes of internal emails obtained The Orcadian, which confirm that the council is very keen for the public or press not to learn anything about the situation facing the leadership of the authority.