Doubts on process of OIC chief’s ‘leave’

Orkney Islands Council (OIC) must follow national policy in the ongoing saga of its suspended chief executive, a trade union has told The Orcadian.

Questions continue over the handling of Oliver Reid’s suspension from School Place, as the legal bill facing the authority rises to almost £6,000.

Doubts persist over whether nationally-agreed frameworks for removing a local authority chief executive have been followed by OIC.

OIC has previously said that a group of elected members were “consulted” on the decision to put the council boss on what it calls “special leave.”

But it is not clear if the group were fully informed and made the decision to suspend the chief, or if they were simply told this was going to happen, without the reasons being divulged.

The Orcadian understands that the suspension came as the council was to investigate complaints about Mr Reid.

Since Mr Reid was suspended when he arrived at his work on Monday, May 25, it seems only a very small group of people know the reasons for his removal from his post.

Internal documents from OIC, obtained by The Orcadian following several Freedom of Information (FOl) requests, show three people involved in the earliest discussions.

These include OIC leader and deputy leader, councillors Heather Woodbridge and Sandy Cowie, plus the council’s top solicitor and head of corporate governance Gavin Mitchell.

The first legal advice on Mr Reid’s leave was sought by Councillor Woodbridge. She contacted Mr Mitchell on Monday, May 18 — exactly one week before the chief executive’s removal.

Councillor Cowie joined the pair for a meeting on the Tuesday, and by Friday, May 22, a discussion was held with “senior councillors” with whom Councillor Woodbridge holds regular briefings.

This cohort includes heads of committees, councillors Gwenda Shearer, Mellissa Thomson and Rachael King. Steven Heddle, OIC’s representative on the Convention of Scottish Local Authorities (COSLA) and convener Graham Bevan were also included.

Other committee chairpersons who were not invited were councillors Owen Tierney, Duncan Tullock and Lindsay Hall.

Procedures laid down by the Scottish Joint Negotiating Committee for Chief Officials dictate that a group of elected members would have to make the decision to take action against a chief executive.

But doubts have been raised with the newspaper over how much information the group of “senior councillors” received and whether the decision to remove the chief executive had actually already been made before they were spoken to.

The Orcadian approached councillors Shearer, King, Thomson, Heddle and Bevan with questions on the procedure followed by OIC. We did not receive any responses.

The newspaper asked Councillor Woodbridge if the group of councillors were given the full details of the reasons for the leave.

“I cannot comment as this is an ongoing matter relating to a member of staff,” the leader said.

Internal documents from OIC, reported in The Orcadian last week, showed that Mr Reid was also not invited to the meetings about his “special leave.”

The national guidance would require the chief executive to be involved in the proceedings against him.

The Association of Local Authority Chief Executives (ALACE) said it would not comment on any individual case, but it did add: “As a responsible employer, Orkney Islands Council has obligations to comply with nationally negotiated and agreed procedures.”

The newspaper also approached COSLA, which brings together representatives from the country’s councils.

A spokeswoman said that COSLA has no direct role in local employment matters. She added that national terms of service are agreed by the Scottish Joint Negotiating Committee, which involves COSLA and trade union representatives.

“Typically, the national terms and conditions are incorporated into an individual employment contract,” the spokeswoman added.

“Whether or not a contractual provision has been complied with would be determined by an assessment of an individual case.”

In our interview with Councillor Woodbridge two weeks ago, she said she had been “following legal advice from the very beginning.”

OIC’s leader said she “cannot confirm or deny” that policy was being followed, or that any procedures were under way against Mr Reid.

Beyond involving OIC’s in-house solicitor, the authority received £658 (plus VAT) worth of advice on employment law from Harper Macleod LLP before putting Mr Reid on “special leave.”

Since then, the legal bill has increased nine-fold.

The bill now sits at £5,866 plus VAT, according to a response to an FOI request by the newspaper.