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East Lothian Council is launching a disciplinary investigation into its former chief executive. John Lindsay is the focus of the inquiry, after legal experts told the council it would be unlawful to make a redundancy payment to him in the circumstances agreed at a meeting of the full council on 8 February this year. At that meeting, it was decided to merge two council departments to form a new corporate services department, and offer Mr Lindsay a voluntary redundancy/early-retirement package of £149,000, plus a lump sum of £155,000 and a pension of at least £55,000 a year. The pay-off, agreed by the previous Labour administration, was strongly criticised by the-then sole SNP councillor, Dave Berry, who reported the matter to the Accounts Commission. And the commission's report condemned the council's actions for falling ‘a long way short of the standards expected of public bodies'. Cllr Berry said: ‘Recognising my position as council leader, and given that I originally lodged a complaint with the Accounts Commission about the way in which the outgoing council took its decision, I think it is only fair and proper that I am not involved in this disciplinary investigation. The council's legal opinion concluded no redundancy situation in law arose in relation to Mr Lindsay, and further, that local authorities could not legally make ex-gratia payments to employees. The council is now required to formally reverse the redundancy decision, and the proposal to appoint Alex McCrorie as chief executive designate cannot be ratified. Mr McCrorie, will, however, continue as acting chief executive while a cross-party, three-councillor panel carries out the investigation. The panel is expected to report back in the next two to three weeks. Mr Lindsay, currently on ‘garden leave', refused to comment on the investigation.

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WHITEHALL

Probe into East Lothian chief's pay-off

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