Correspondence concerning Charlie Parker’s appointment as Chief Executive (FOI)

Request

Please provide all correspondence relating to the terms and conditions of Charlie Parker’s appointment as Chief Executive between the period July 2017 and the signing of his contract in November 2017, including any correspondence involving the following organisations - the States Employment Board; the Jersey Appointments Commission; and Odgers Berndston.

Response

Information is exempt from publication under the following Articles of the Freedom of Information (Jersey) Law 2011.

Articles applied

Article 26 - Information supplied in confidence

Information is absolutely exempt information if –

(a) it was obtained by the scheduled public authority from another person (including another public authority); and

(b) the disclosure of the information to the public by the scheduled public authority holding it would constitute a breach of confidence actionable by that or any other person.

Article 34 - The Economy

Information is qualified exempt information if its disclosure would, or would be likely to, prejudice –

(a) the economic interests of Jersey; or

(b) the financial interests of the States of Jersey.

Public Interest Test

Article 34 is a prejudice-based exemption. That means that in order to engage this exemption there must be a likelihood that disclosure would cause prejudice to the interest that the exemption protects. In addition, this is a qualified exemption and consideration must be given to the public interest in maintaining the exemption.

It is considered that the likely prejudices to the Jersey Economy outweigh the argument in favour of release of the redacted information in the public interest.

The release of the information, by breaching Article 26 of the Freedom of Information (Jersey) Law 2011, could cause damage to the financial resources of the Government of Jersey.

Article 39 - Employment

Information is qualified exempt information if its disclosure would, or would be likely to, prejudice pay or conditions negotiations that are being held between a public authority and –

(a) an employee or prospective employee of the authority; or

(b) representatives of the employees of the authority.

Public Interest Test

Although there is a need for transparency, accountability, and good decision making by public authorities this information relates to negotiations between the Government of Jersey and an employee.

Whilst this exemption is written in the present tense (ie negotiations that are being held with a prospective employee), at the time the information was generated the correspondence was being held with a prospective employee.

On balance, it is our view that the public interest does not outweigh the potential prejudice of release, as it could affect future negotiations with prospective employees.