Accountability, openness and transparency - the touchstone of democracy in the 21st century

Dear Bob

My response is interleaved in brown type below

wbw

David

2009/5/26 JOANNE BROWN <wwpc@redhouse100.freeserve.co.uk>

Sent on behalf of Bob Hutton 

Dear David 

In response to your e mail dated 22^nd May, I believe it was made clear before the meeting that I agreed to you attending with your Mackenzie friend to witness the briefing process in order for the Parish Council to obtain a legal opinion regarding whether your resignation could be withdrawn. That was not my understanding, and this is not what I believe was said. I came to the meeting in the belief that I would be an equal participant in a process that held out the possibility of a negotiated resolution rather than one which is determined in court. Your position is contradictory. If I was to be present merely to witness a process, without any rights of contribution, then I would have had no need for a McKenzie. 

If you remember at the extraordinary meeting you challenged my ability to present the facts. This is not what I remember. As a matter of fact, I clearly stated that it was my intention to resign in May, however I did not do so, and I challenge you to produce a letter in which I have stated that I have resigned from the PC.  

This is why I had no problem with you attending the briefing. 

Trevor Leggo explained at the meeting that the PC, as a corporate body is allowed to receive this information and is also allowed to debate it in private. No he didn't! 

He said that the PC was the Member of SALC, and as such, from SALC's point of view they were unable to communicate with me, and could only communicate with the PC as a body. The only way that I could see anything of what SALC/NALC had to say was at your discretion, and in a time and medium chosen by you, without me having any rights in the matter whatsoever. You explicitly said that you qua PC were not going to accord me the right to see what SALC/NALC had to say. 

What Trevor also said was that in respect of legal advice, the Council had the right to consider what was said (by resolution)  in private. You indicated that you would move to consider this advice in private, and intended to exclude me from hearing it. 

In the Councils opinion, until proven otherwise, you ceased to be a member from 2^nd May, therefore you cannot be privy to this information.I think you are missing the point. 

In law the Council's opinion is irrelevant. In law a resignation only takes place when you, the Chairman, have received a letter from a Member stating that s/he has resigned. When you receive this letter, as the law says, "resignation shall take effect upon the receipt of the notice by the person or body to whom it is required to be delivered". You haven't had such a letter from me - if you have then I challenge you to produce it. 

If you are relying on my letter dated 6th January, which cannot have arrived with you before 8th January, then I should like you to explain why there was nothing in your subsequent behaviour (email, meetings etc.) which was consistent with the requirement that "resignation shall take effect upon the receipt of the notice by the person or body to whom it is required to be delivered." From your behaviour on and after 8th January it would be be entirely reasonable to suppose that you did not believe that you had received written notice that I had as a matter of fact, on the date of receipt, resigned my office .  

I appreciate that you state in your opinion you have not resigned, however that is not the opinion of the Council  - based on advice that once a resignation is received it cannot be withdrawn - hence the request for a Counsels opinion from NALC.

See paragraph above. I need to be clear that so far as I am concerned I remain an elected Member of the PC and that in the circumstances which you have created am unable to have the slightest confidence in the fairness and impartiality of any opinion that you receive from SALC/NALC.

Please note that from now on all correspondence and documentation relating to this matter will be circulated and also  published at http://wwpcmailstore.blogspot.com/. This is in keeping with the principles of accountability, openness and transparency referred to in my subject line.   

Bob Hutton