Following an internal inquiry Dorset's Monitoring Officer (MO), Jonathan Mair, was not in breach of a journalist's Article 10 rights and other rights when intercepting the private emails from him to a number of Dorset Councillors without their prior consent, including that of the new Leader of the Council, Cllr Nick Ireland (before he became Leader).
West Midlands journalist, Julian Saunders, was investigating Dorset Council's interim appointment - at Director-level - of disgraced former Sandwell Chief Executive, Jan Britton (further reading - see * below). Mair, together with Dorset Chief Executive, Matt Prosser, wished to prevent the journalist from contacting serving Councillors, and secretly arranged to have their mail redirected to the MO. Neither did Mair tell the journalist what he had done. Saunders found out about this and made a formal complaint.
The complaint was dealt with by Mair's Deputy, Grace Evans. Prior to the complaint Ms Evans was copied into correspondence saying that the journalist should be kept "under review", with the same email mentioned a case involving a prison sentence for a stalker . Nevertheless, Ms Evans felt able to deal with the formal complaint and to exonerate Mair. She found that although Saunders had journalistic rights and Article 10 rights, Mair had simply been "managing correspondence" so that this did NOT amount to interference with those rights. Of course, he was managing the correspondence of elected members without their knowledge or consent.
Ms Evans did not deal with the data protection and other issues arising from the interception of private emails to serving councillors. She did, however, make certain recommendations including:
1 The actual redirect should be lifted (something of a pyrrhic victory as Mair threatened the use of public funds to sue the journalist if he attempted further contact with Dorset Councillors); and
2 Prior consent of recipients should be obtained before re-directs are put in place.
There is no recommendation that the person sending emails should be advised of any re-direct.
Comment:
It is well known that in other councils Monitoring Officers and other staff are covertly reading the private emails of serving councillors. This weird ruling at Dorset is chilling for journalists and members of the public wishing to legitimately communicate with councillors. Councillors beware - Big Brother is watching you ...
* Further reading:
https://thesandwellskidder.blogspot.com/2023/12/desperate-dorset-council-employ-jan.html
https://thesandwellskidder.blogspot.com/2024/02/four-tories-go-mad-in-dorset.html
rottencouncils@gmail.com
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