QUESTIONS still remain about who agrees and authorises payment and “gagging” orders for staff leaving Powys County Council (PCC).

And did councillors know that they were voting through these decisions?

Known as non-disclosure agreements (NDAs) Cllr Jeremy Pugh (Independent-Builth Wells) had received an answer that since January 2017 the council has entered into 16 settlement agreements with former employees of the council/schools service.

At Thursday, July 11’s full council meeting Cllr Pugh asked a follow up question:

Cllr Pugh said: “Over three years, I understand the NDAs we have entered into are £528,720.

“I’ve seen an article that says this is £1.3 million over five years.

“But this is not really the whole total is it? We don’t seem to have the legal costs and admin fees stuff like that.”

Cllr Pugh added: “I’ve also failed to identify what account that was paid out of. Who decides to proceed with these NDAs?

“With a vast sum of money this is not something that should be entered into lightly.”

Clive Pinney, head of legal services, said: “The decision is taken by senior officers including the s151 officer (suitably qualified officer responsible or the proper administration of its affairs) as to whether it falls within our financial eligibility criteria.

“Any decision over £100, 000 is decided by full council.”

Cllr Pugh, added: “When? I have never seen this shown in full council.”

Mr Pinney, insisted that payment for these agreements had been in front of councillors.

Cllr Pugh, continued: “I still don’t know who is making the decisions, and who decides them. It was a simple question.”

PCC chairman, Cllr Beverley Baynham (Independent – Presteign), said: “Clive has given you a response, if you’re unhappy you need to take it up later.

“The constitution says you have one supplementary (question) you’ve been given an answer, I appreciate you’re not happy with the answers.”

Figures obtained by the Local Democracy Service under FOI (Freedom of Information) show that  over £1.3 million has been paid to Powys County Council staff that were suspended between 2014 and 2019.

Also during this period, NDAs have been signed by 36 former PCC staff.

Employees who leave an organisation are often asked and compensated when they sign NDAs.

This is so they keep quiet from disclosing information or events that could be embarrassing to their employer.

It is questionable whether NDAs are enforceable as it depends on “how reasonable” the NDA is.