FOI finds secretive non-disclosure agreements made with senior council staff leaving
At last week’s full council meeting, councillors discussed the arrangements for the commission of an independent review.
Hush-hush exits of senior officers from Dumfries and Galloway Council came under scrutiny last week amid calls from councillors for more transparency.
An independent investigation into the past processes of chief officer recruitment had been planned, but this will now be extended to the departures of leading officers that have gone under the radar.
It has also been revealed that secretive non-disclosure agreements were made with council staff leaving – which was only uncovered after Annandale North Councillor Carolyne Wilson submitted a freedom of information request (FOI).
At last week’s full council meeting, councillors discussed the arrangements for the commission of an independent review, which has followed on from some initial investigations carried out by Annandale South Councillor Ian Carruthers.
At last week’s meeting, Councillor Wilson, leader of the Labour Group, said: “We moved to seek an independent review into past processes and we all know that it was due to the information that came to light during the piece of work Councillor Carruthers was undertaking following the departure of a senior officer.
“During that piece of work some things came to light that not all members were aware of.
“I myself – through an FOI – became aware of non-disclosure agreements being made. In fact, three in the last three years.
“I‘ll be corrected that these are ‘settlement agreements’.
“However, I personally like to call a spade a spade.
“I do therefore believe that the scope of this investigation needs to be widened to include the exit process of staff.
“Although non-disclosure agreements are used in a number of circumstances, as far as I’m aware they have not been used in this council until very recently – and certainly not in the departure of senior officers.
“There is no elected member oversight of their use and their use is not contained in any agreed HR process, including disciplinary and performance-related policies.
“There is also no clear delegation to senior officers to enter into non-disclosure agreements. That is why I’ll be formally moving that the scope is widened to include the exit process.”
She added: “And lastly, I’m going to address the elephant in the room because there does appear to be a breakdown of relationships between some members and senior officers. This has been talked about by staff and the public alike.
“I would hope following this review there will be learning and recommendations to full council which will help support transparency and build trust because we all should be working well together for the betterment of our communities.”
December 2025 was the original timescale for the review findings to be completed, but is unclear if that deadline will be met.
Lorna Meahan, the council’s director of enabling and customer services, told councillors: “I think it will depend on the independent reviewers’ assessment of the work to be done and the time taken to do that. But my understanding from elected members is they want this done thoroughly, and that will be the overriding concern for the work.”
Annandale South Councillor Ian Carruthers was directed to lead the investigation into the way chief officers are recruited, with the leader of the Dumfries and Galloway Independent Group saying he “won’t be silenced” over the issue.