Council and democracy
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Decision Maker: Leader of the Council
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
The
Committee received a report from the Director of Resources regarding the
General Debts Write Off relating to the Folk Festival debt.
Councillor
Herbert stated that in his view this item had been poorly titled on the agenda
and that not enough notice had been given to allow full debate of the issues or
to inform the public of the decision. The Director of Resources stated that the
write off item was a standard agenda item and had been on the Forward Plan for
the required period.
Councillor
Herbert suggested that the Council’s money had been asset stripped in 2009 and
insufficient effort had gone into tracing it and the Council had not conducted
an independent inquiry using Price, Waterhouse and Cooper. Writing off the
money would send the wrong message and would suggest the matter was closed.
The
Chief Executive stated that Price, Waterhouse and Cooper had been part of the
Members Inquiry that reported in 2009. It was inaccurate to say insufficient
effort had gone into chasing the debt. Advice had been taken and the Council
had been diligent in its pursuit of the money using the avenues open to it.
However, the latest advice was that further expenditure on pursuit of the debt
was unlikely to yield any return.
The
Head of Legal Services stated that civil action against the directors was
planned for November. Should any funds come to light by this action, they could
still be pursued.
Councillor
Bick concluded that all members wanted the return of the money. However, a
judgement needed to made regarding spending more to pursue the lost funds. The
advice given by professionals was to write the money off. This was technical
accounting measure. The case could be re-opened in the future, should there be
any possibility of recovering any of the funds.
The
Committee resolved by 4 votes to 4 and Chair’s casting vote to endorse the
recommendations.
The
Executive Councillor approved the recommendation.
Conflicts
of interest declared by the Executive Councillor (and any dispensations
granted)
Not
applicable.
Publication date: 21/02/2013
Date of decision: 15/10/2012