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A request by Bailiwick Express to publish States' Chief Executive Charlie Parker's contract has led States officials to breach a major Freedom of Information rule.
The FOI application for the island's most senior civil servant's terms of employment and salary details was made over three months ago on 30 April this year.
But on Friday – 66 working days later – FOI officials said that they were still “not in a position to respond,” exceeding the set limits for a response.
It is believed that Express’ request is the first of its kind, meaning that it will set a “clear precedent” for how all similar future requests are dealt with in future, FOI officials said.
The news comes as Mr Parker faces increasing scrutiny over his contract terms.
A Ministerial Decision signed off by then Assistant Minister for Population, Senator Paul Routier, took the extraordinary step of handing him full residency rights due to “the consistency of his track-record in delivering change within a number of substantial and relevant organisations.”
The move means that Mr Parker will face no barriers in buying a home and will be able to retire on the island. He may also be able to benefit from the tax benefits of moving his UK pension to Jersey.
It has led islanders to question what other ‘perks’, if any, Mr Parker may have been afforded.
While the FOI Unit claimed that Mr Parker’s employment details were still being sought as a matter of “priority”, the three-month delay puts the States in breach of regulations that came into force when the FOI law was passed.
Under the Freedom of Information (Jersey) Law 2011, public authorities should endeavour to respond within 20 working days. The regulations allow for an extension of an absolute maximum of 65 days in exceptional circumstances, however.
But when the rules were signed into existence by the Chief Minister, the example given suggested that it was intended to cover authorities closed for extended periods of time when the request is received – such as schools that can be shut for up to 50 days over summer – and not information that is freely held within the central States offices.
FOI officials are also expected to keep requesters informed about the status of their application.
On 31 May, they advised of an “unavoidable delay”, stating that Express would receive a response on or before 7 June. That date passed without contact from the States. On 29 June, the unit offered their “sincere apologies” for not responding.
Express asked for an explanation on both occasions, but did not receive an answer.
In their reply on Friday, the FOI Unit, which was created as part of a bid to enhance government transparency, said they were weighing up the public interest benefits of releasing Mr Parker’s contract.
“The request raises important issues where particular care is needed, as it will establish a clear precedent for any similar requests. We are therefore considering very carefully how we discharge our duty of care as an employer, ensure that individual rights to privacy are upheld and also act in the public interest,” a spokesperson commented.
They added that an appeal could be made to the Office of the Information Commissioner following the regulation breach, which Express is considering.
The move to withhold the States boss’ salary details is an unusual step, given that all senior civil servants – including the Chief Executive – have their salaries and pensions are listed in the annual States Accounts.
Former Chief Executive John Richardson earned between £210,000 and £215,000 in his final year of work last year, and took home a pension of £3.2million.
States officials have previously confirmed that Mr Parker’s salary exceeds this at over £250,000 per year – a jump up from his previous basic pay as Chief Executive of Westminster City Council, where he earned around £207,000.
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