MINUTES OF THE MEETING OF WHITEHILL TOWN COUNCIL, held on WEDNESDAY 11 JUNE 2014 at 7.30pm at the Phoenix Centre & Arts Centre, Station Road, Bordon, Hampshire GU35 0LR __________________________________________________________________ COUNCIL MEMBERS Present: Cllrs C Wherrell, Miss S Pond D Cooper, M Douglas, T Gray, Mrs J Henson, Mrs J Maines, Mrs F Thomas, A Tree, A Waterhouse, P Wigman & D Williamson. In attendance: Chris Youngs Town Clerk & Minute taker for this meeting, Andrea Mann, Deputy Town Clerk Item Action 2.019 APOLOGIES – Cllrs, Z Faddy, T Muldoon & Mrs M Watkinson. 2.020 DECLARATIONS OF INTEREST – None. 2.021 CHAIRMAN’S ANNOUNCEMENTS – None. 2.022 PUBLIC INTEREST REPORT & PROPOSED COUNCIL RESPONSE The Town Council considered the report and recommendation of the Policy Review Group, as circulated with the agenda Cllr A Tree as Leader of the Council, introduced the report and had 2 points to make. 1. That the internal auditor had given the Council a clean bill of health for 2013/14; and 2. Following questions to the external auditor about the concerns of the wording of Paragraph 3.4 of their report that they had no intention to implicate the 4 Cllrs who resigned. Cllr A Tree then went paragraph by paragraph through the report and Members did not amend and add any comments to the draft recommendations. All that changed from the draft report is that more information had been received on the VAT and the amount was added. RESOLVED To accept the recommendations as shown in Appendix A (Proposed by Cllr C Wherrell, seconded by Cllr P Wigman 11 IN FAVOUR, 1 AGAINST) 2.023 ADJOURNMENT FOR QUESTION TIME A summary of the questions and answers given at the public question time are shown at Appendix B 1 D:\106759340.doc Town Clerk 2.024 DATES OF MEETINGS (all Monday’s unless otherwise noted) 16 June; 28 July; 8 September; 20 October; 1 December 2015: 19 January; 2 March; 13 April; 18 may (Annual Town Council meeting) All at 7.30pm in the Council Chamber, Forest Community Centre, Pinehill Road, Bordon. Signed……………………………………………… Chairman Date………………………………………………… During the course of the meeting there were 1 members of the Press and 17 members of the public present. The meeting closed at 8.45pm. 2 D:\106759340.doc APPENDIX A TOWN COUNCIL Responses to recommendations contained within the Public Interest Report General statement The Town Council acknowledges the findings outlined in the report and accepts their shortcomings during the period of the former town clerks employment until December 2012. As soon as the fraud was identified the Council procedures were reviewed and amended. The fraud was identified by the Council and immediate action was implemented to prevent further fraud. The investigation was initiated and commissioned by the Town Council which resulted in the conviction of the former town clerk. The Town Council is disappointed that no fraud was identified by the then internal auditors who were dismissed as soon as the fraud was identified. Internal control failings Recommendation The Financial Regulations and Standing Orders should be reviewed, amended as required and adopted by the council on an annual basis. They should be updated to ensure that all sections reflect current practice but this is especially important for those sections in respect to the payment of accounts and the appointment of the internal auditor. Town Council response These have been reviewed and updated and adopted by the Council. Recommendation Bank reconciliations should be undertaken on a regular basis and brought before the council who should review them, together with original bank statements and sign or initial them and the statements as approved. Town Council response Bank reconciliation are completed on a monthly basis and signed by Cllrs on a rotating basis at Council meetings and this is reported to the Finance Committee. Recommendation Councillors should only sign cheques which are fully completed, with Payee, date and amount completed, and presented with original invoices. They should also sign or initial the invoices as evidence of payment being made, therefore reducing the possibility of using the same invoice more than once. The Councillors should only approve payments at Council meetings or Finance Committee meetings and not between them. At meetings a list of invoices to be paid should be produced by the clerk, which is presented together with a file of invoices. The file of invoices should be agreed to delivery notes and/or council budget by the RFO. 3 D:\106759340.doc Town Council response This has been the current practice since December 2012. Recommendation The Council should ensure that the list of payments is put before every meeting, approved and adopted and included with the minutes. Town Council response This is the current practice at Finance Committee since December 2012. Recommendation The wages, HMRC and pension accounts should be regularly reconciled and brought before the Council or a committee for approval. This may appear to be an administrative task but the Councillors are responsible for the employment of various employees and as such should ensure that the staff are correctly paid and all payments are paid over correctly to other bodies. Town Council response The Town Council use the services of an independent qualified bookkeeper to calculate salaries, Tax and NI and pension contributions who reconciles these payments and then they are approved by the Finance Committee. Recommendation The Council should contact HMRC concerning the payments incurred, and the VAT reclaimed, in respect to large payments made where VAT was incorrectly claimed. Town Council response The Town Council will liaise with HMRC and the internal auditor to rectify this. The internal auditor has provided the figure of £6,936.61. Recommendation The budget reports should be put to the Council on a regular basis and the monitoring of the actual income and expenditure against budget should be minuted at regular intervals during the year. This is a key internal control the importance of which cannot be overstated. This will highlight any increased costs being incurred by the Council so immediate action can be taken to investigate and control those costs. Town Council response Every Finance Committee receives a budget comparison reports that analyses budget against spend. 4 D:\106759340.doc Recommendation The Council should ensure that the asset register is regularly updated for additions and disposals by the clerk and this should be reviewed by the council on an annual basis. It is common for such a review to take place before the end of the financial year. Town Council response The asset register has been updated with 1 item in 2013/14 and will be reviewed annually. Recommendation An expenses system should be introduced where staff members have their claims authorised by another staff member and any amounts over a certain monetary value must be approved by a councillor. Authorisation should only be given if the claims are made with supporting invoices. If necessary, these invoices should be agreed back to budgets to ensure they are valid Council costs. Town Council response This is the current practice since December 2012. Recommendation Petty cash should be regularly checked and reconciled and only receipted council expenditure should be made from it. The tin should be reconciled to the petty cash summary, at least on a monthly basis. Town Council response This is the current practice since December 2012. Corporate Governance failings Recommendation The Council should ensure all external and internal reports are put before them for review and adoption. Any areas of concern drawn to the attention of the Council should be acted upon as soon as possible and an action plan drawn up to ensure action is taken. Town Council response This is the current practice since December 2012. Recommendation The Council should write and adopt internal policies on employment, PAYE, and the approval of all other payments. There should be one for employment procedures, which should include checking terms of references for new employees, one on general employment issues such as sick pay and covering grievances, for example. 5 D:\106759340.doc Town Council response A Staffing Committee has been formed who will undertake this role and a staffing handbook is been developed. Recommendation The Council should ensure they minute on an annual basis the staff salary costs. This can be done in a confidential minute and scale points can be referred to, if wished, for roles undertaken within the council. Town Council response This is the current practice since December 2012. Recommendation The management accounts and budget reports should be produced from the accounting package. It is important that key reports are produced from prime records and these are approved at regular council meetings. The accounting package may also be able to produce detailed budget reports which refer to the previous year’s budgets and actuals as well as the current year’s budget and actuals. Town Council response This is the current practice since December 2012. Recommendation The Council should ensure it complies with the requirements of the Accounts and Audit Regulations 2011 and undertakes a review of its internal controls which should include its risk management as soon as possible. Town Council response The Council does comply with the requirements of the Accounts and Audit Regulations 2011. Risk management is reviewed quarterly at Finance Committee Recommendation The Council should ensure that minutes are produced for all meetings and these are made publicly available for all to see and in accordance with Section 228 of the Local government Act 1972. Items which are discussed in confidence should have summary minutes produced which can just document the decision taken, and not the discussion. The council should also ensure that all attachments are included with the published minutes and made available for all to see. Town Council response This is the current practice since December 2012. Conclusion Whilst acknowledging the deficiencies outlined in the report early last year much has changed and the Council’s new Internal Auditor has commented that the Council can rightly congratulate themselves for having moved fast when the 6 D:\106759340.doc problem became clear and then moved on (for the benefit of the community) while having the bravery to allow a public report that was circulated to other local councils which will hopefully save other councils from such problems. There has been tight financial control and the general reserves have improved from £13,196 in April 2013 to £91,608 in April 2014. 7 D:\106759340.doc APPENDIX B Summary of Public question time & responses PUBLIC QUESTIONS Was tax, national insurance & pension paid on duplicate salary payments Still concerned at the phrase on paragraph 3.4 and the Cllrs were elected not appointed Was disappointed that the Internal auditors did not pick anything up and could the fraud have been picked up earlier? Is there any recompense from the Internal auditor because of their failings Why are the Cllrs that resigned not present Paragraph 3.4 was changed by the Council With so many irregularities and poor procedures why did not the Finance Committee pick the fraud up There were clear failings by the internal auditor why is this not mentioned in the report; who were the internal auditor; they should return their fees and would insurance cover this Lessons need to be learned and have steps been taken by the Council and have wider lessons been learned by others 8 D:\106759340.doc RESPONSE Not HMRC but claims on VAT were put through as pension payments. Comments valid but it was a final report of the external auditor Valid point Cllrs are volunteers and there is a reliance on both the internal and external auditors. As the judge stated at the criminal proceedings the former town clerk was the responsible financial officer. Now the Chairman of F&A is present when the internal auditor is in the office. The amount paid to the auditors is small compared to the reclaim of stolen monies stolen by the former town clerk. But a motion could come to Council, but it would mean spending more money on lawyers for example WTC would need to ask the insurer whether they are covered. They are present Yes it was as it was much worse in the first draft The fraud was identified by the Chairman of Finance and he reported it to the Police Mr A Harland 2009/10 AW Controls 2010/11 & 2011/12 Do the Numbers 2012/13 onwards It could be considered if the Council decides on this course of action and HW Controls could be asked Mr A Harland raised some concerns direct to the former town clerk which evidently were not passed on to Council members. He could have raised it directly with Cllrs Yes they have and the Council allowed a report on lessons learnt that were sent to Councils Use of the pen to change cheques, how is this being addressed In my first 10 minutes of becoming a Cllr the former town clerk informed me that she would sue if we said anything she did not like. Did anybody else have this Cllrs should pay attention to detail This has been addressed by Central Government. Staff and utility bills are now paid by BACS Cheque signatures have been reduced from 8 to 4 She was a very strong character Agreed – Cllr should also not be afraid to ask questions. The Council’s culture has changed If there is any reimbursement could a The Council will determine how to apply village play area be provided this money to the benefit of the community In view of the concerns of Paragraph 3.4 The Council has resolved to make could the Council write about this comments and to respond to the recommendations only and it is not our report Can we make the explanation on This will be included in the minutes Paragraph 3.4 clear and public Can’t you change the report if the The Council does not control its Council paid for it contents The external auditors should be asked This can be done for their explanation in writing Why was it not on the website We are changing the website and the staff member has just gone on maternity leave There was a wrong year on some Thanks for the feedback minutes 9 D:\106759340.doc