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Vol 13 – 20th December 2015.

Volume 13 – 20th December 2015.

This Volume at a Glance :

• Out  of the Darkness – The New 'Fixer' ;

• The 'Official' Sanitised CV ;

• The Nolan CV – The Bugler Researched Edition;

• The 10 Nolan Questions;

• Homophobia & Religious Discrimination;

• The Waddington Amendment and Hermaphrodite Couplings;

• FSV-RRB Pension Complaint;

• The CFA/Nolan response to FSV-RRB Pension Complaint;

• The Bugler Comments – FSV~RRB Expectations;

• FSV~RRB's observations on the CFA/Nolan response;

Out  of the Darkness – The new 'Fixer'.

Mark-Nolan2Mr. Mark Nolan LLB

The new Clerk to the Combined Fire Authority.

Next will come the Questions.

But is he Man enough for the job?

pope-sunday-150x150One wonders what Pope Benedict XVI might have to say about all this?
The 'Official ' Sanitised CV.

LFRS – 4th November 2015.

Mark Nolan – Clerk and Monitoring Officer to the Lancashire Combined Fire Authority

Lawyer Mark Nolan was recently appointed to a role until recently undertaken by Max Winterbottom DL, who has retired though of course he will not be far away in 'controlling and directing ' terms.

In respect of any organisation funded by the taxpayer there is a legal requirement to ensure that those responsible for governing them- the Combined Fire Authority in the case of Lancashire Fire and Rescue Service – meet the required standards in terms of the legal obligations they must comply with and that is where this Mark comes in.

He explains.

"Although my role clearly has a monitoring element in it, as the job title suggests, much of my work will be supportive and advisory."

“So although the legal requirement for Fire Authority members to declare any outside interests is something to be monitored in terms of compliance, for example, I am here too to work constructively with the Fire Authority, LFRS Managers and our Solicitor, Anthony Harold, to correctly interpret and apply the law underpinning policy and decision-making."

"Put another way, the Service's handling of complaints is something I monitor, but I am keen to contribute to the Service's excellent record for getting it right in the first place, with its very high levels of public satisfaction and correspondingly low number of complaints.”.

Mark was born on the Fylde and began his legal career nineteen years ago as a specialist in criminal law, based in Fleetwood. A ten—year spell in London saw him develop his skills as an employment lawyer and for a little under a year he was employed by LFRS as our Solicitor. During that time he introduced the practice of the Service conducting its own prosecution cases under the Regulatory Reform (Fire Safety) Order of 2005, before which we had tried, with variable success, to get the Police to take our cases to the Courts.

"Handling our own RRO cases is something I am proud to have introduced, particularly when I see the outstanding success LFRS Enforcement Teams have made of it. We couldn't really expect the Police to recognise the importance of fire safety enforcement prosecution cases, which they saw more as a licensing issue than of life or death importance, when their work load made it necessary for them to give priority to arson prosecutions."

"Bringing before the Courts a firefighter's Insight into the potential impact inadequate and illegal fire precautions could have on lives and property was essential and their passion, commitment and expertise in presenting these cases is what makes the news headlines and drives home the deterrent effect on offenders, just as it reassures the public that LFRS is doing a brilliant job in keeping them safe from fire."

Ending the Interview on light-hearted note (or perhaps not- see the last Q&A!) Mark was asked,

a. What was the first piece of music you bought yourself?

A. "Kate Bush's debut album (1978) 'The Kick inside'. lt included the No.1 chart hit 'Wuthering Heights'."

a. All-time favourite film?

A. "Star Wars."

Q. Proudest moment?

A. "Getting LFRS to take our own RRO prosecutions to court (see above)."

Q. One sentence to describe yourself?

A. "I am modest, down to earth and hardworking and I like to challenge  myself by setting goals for myself and then, wherever I can, trying to exceed whatever those goals may be.".

a. Something no-one (In LFRS) knows about you?

A. "I am the Great-Nephew of Albert Pierrepoint, the longest serving hangman In England.".

It is the Bugler’s personal recollection that Pierrepoint was a publican in Failsworth Oldham Manchester(where the Bugler served in those days) who ran a public house which was colloquially known by its regulars as the ‘Last Drop Inn’. Later he ran a public house in Much Hoole in Lancashire until his own last drop occurred in Southport in 1992.

Let us hope for Mr. Nolan’s sake that his association with the ‘brilliant’ LFRS is not his own ‘last drop’ in career terms and, just a smidgen of Gaelic advice, …Am fear a theid san dris, fimridh e tighinn aiste mar a dh'fhaodas e (He that goes among the briars must get out as best he can…).

This was an interesting exercise of self-publication and in plagiarism by Mr. Nolan using a technique borrowed from an interview in 2015 by the Manchester Evening News given by his new boss at Citation Mr.Chris Morris who apparently is not a solicitor but formerly an accountant/financier with LateRooms.com Manchester, someone  with rock star ambitions. But more of Citation later…

The Nolan CV – The Bugler Researched Edition.

As previously stated Mr. Nolan Mark was born on the Fylde about 44 years ago and fulfilled his aspirations in the legal profession by commencing his law studies at Queen Mary University of London during the period 1990-1993 and completing them with an LLB- Honours Degree.

In 1994 the Mr.Nolan then joined Inghams the Flyde based Solicitors principally serving his two year Apprenticeship at Fleetwood during which he trained in criminal litigation dealing exclusively with petty criminality cases bound for both the Magistrates and Crown Courts.

In 1996 he was issued a licence(Number 26639) to practice by the Solicitors Regulation Authority and then latterly he became responsible for the criminal department providing Court cover for those under arrest and requesting legal representation before the local Magistrates' Court, until 2001.

It is interesting to note by comparison that Harold the LFRS solicitor simply completed a Bachelor of Arts degree and then went to law school for a year at which point he also was licensed to practice by the Solicitors Regulation Authority.

It is a reasonable assumption that the disabled FSVs of Lancashire can have confidence that Mr.Nolan will have little difficulty in spotting a criminal having served a considerable time representing them in Fleetwood Lancashire and here he is once more representing them, albeit a higher quality of criminal, at the LFRS, which draws the conclusion that he will also have little difficulty identifying those either, but he, unlike them, cannot possibly claim ignorance of the law if he gets tainted with corruption and its practices?

In 2004, it seems for a variety of rather interesting reasons,  Mr. Nolan took himself off to the bright city lights of London where he commenced at the Kensington Citizens Advice Bureau where he spent just over two years.

A venue which is near to Notting Hill which has the reputation among aficionados as rather a ‘swinging place’ depending on what it is you want to ‘swing’.

In 2004 he took up a post with Edwards Duthie(a legal aid firm) where he says he specialised in employment law for the next, almost 4 years, but curiously he suddenly reappeared in Lancashire in July 2006 at the LFRS until April 2007, before even more curiously returning once more to Edwards Duthie.

About these odd circumstances he makes this deliberately ambiguous statement which papers over a significant hole in his CV… “I was briefly Fire Service Solicitor for this highly regarded emergency service provider and an excellent employer, before allowing personal problems to overcome my professional judgment for the first and last time in my career. An excellent place to work, with true professionals. I returned to Edwards Duthie in April 2007.”.

If it was such a treasure to work at one wonders why he did not stop longer at the LFRS?

During his brief time at the LFRS Nolan undertook to do what Harold(LFRS solicitor) was clearly incapable of doing namely the presentation of LFRS prosecution cases under the Regulatory Reform(Fire Safety) Order 2005 in the Magistrates Court at which Nolan should be accomplished and at which Harold’s LFRS uniformed observers describe Harold’s ‘performances’ as woeful, even though he was being handsomely rewarded by the Taxpayers for his fumbling approach as the official ‘Fire Service Solicitor’.

One wonders if all this duplicity of effort and expense led to a conflict of professional competency and salary leading to jealousy and perhaps the ‘personal problems’ Nolan refers to, or was there, in addition, another ‘personal’ reason compounding this very odd state of affairs?

One thing any Reader of the Bugler can be certain of in respect of the LFRS is that if it is slithers, slimes, or whiffs of corruption, you can be sure it crawled out of the LFRS swamp.

On the other hand if these ‘personal problems’ involved Nolan’s employment, another employee, or his own personal circumstances one would assume as a self-proclaimed highly qualified employment lawyer that such issues would simply be just grist to his mill ?

Furthermore, perhaps he can contemplate returning to the LFRS now that the person he was in conflict with is no longer

at the LFRS, or who he now might technically outrank ?

One wonders which of the remaining knaves that might be?

It all get more curious by the minute…but not if you think about it and listen to LFRS ‘sources’…

So Mr. Nolan dashed back to London, briefly, to his old employers before taking up a further appointment at Ashby Cohen for 8 months and thence to RJW where he specialised in employment law, discrimination, and whistle blowing which will be all rather handy skills shortly because following disabled FSV-RRB ‘whistle blowing’ on the LFRS to the Pensions Regulator Mr. Nolan is going to find himself defending  the CFA/LFRS against its failure of Statutory duties, calculated fraud , and general criminality.

Perhaps at this point it ought to be added that in matters employment Mr. Nolan may face similar charges himself for contraventions of the Equality Act 2010 and consequential questions which will arise concerning his own professional ethics and practices if it is demonstrated and confirmed that he, particularly as an employment lawyer, failed completely to adhere to the employment law and its principles of open competition and fair play particularly in respect of his CFA/LFRS public service appointment?

Four years later in 2012 Mr. Nolan headed back up to Lancashire once more to Orbis the Solicitors at Ramsbottom where he claims he was the senior employment law solicitor and where just after a year the Solicitors Regulation Authority compulsorily closed the practice after a whistle blowing complaint of financial irregularities.

Almost immediately in 2014 he took up another appointment with Citation Professional Solutions in Wilmslow, which is rather handy to the Information Commissioners Office virtually next door, where he remains today  specialising once more in employment law, and now, human resources.

Currently as we know he has also been appointed, since October 2015, as the part time Clerk to the Lancashire CFA.

Citation an employment consultancy listed as 68 in the Sunday Times 100 best companies to work for, and which is now managed by a Mr. C. Morris following its sale for £50mil in 2014.

It states that it provides ‘quality HR, legal and litigation services without the exorbitant City law firm price tag or overheads’.

Mr.Morris who apparently is not a solicitor but formerly an accountant/equity partner with LateRooms.com Manchester has rock star ambitions…

According to local legal gossip Citation Professional Solutions is a colourful firm of 350 solicitors who in 2012 alleged that another local solicitors Ellis Whittam Ltd in Wimslow had libellously described them  in the following alleged words:

• “Citation’s guarantee is not what they say it is… because Citation is self-insured and not insured through a broker”

• “[Citation] is unable to pay out on claims”; and (among others)

• “Citation does not have any qualified lawyers working for the company”

Citation Professional Solutions issued proceedings against Ellis Whittam Ltd but the High Court did not make a judgment on whether the statement was defamatory or not or whether in fact the alleged defamatory statement had been communicated to a third party.

The Court refrained from doing so as it believed that the claim itself was an abuse of process – it felt that the seeking an injunction by the Claimant was an unsuitable remedy in the circumstances.

What the High Court probably meant to say that this was a local spat among these 'hens' in a hen house.

Mr. Nolan claims seniority in law for dealing with questions of employment law, discrimination, whistle blowing, fraud, and general criminality. Let us hope he will bring welcome publicity to this Citation company?

The 10 Nolan Questions.

In reasonably establishing Mr. Nolan’s bona fides for the public post of Clerk to the Lancashire Fire Authority, given the blatant criminality and corruption which the disabled Fire Service Veterans, their Widows, and Beneficiaries have been continually exposed to since 2007, Mr. Nolan must surely expect that he will be asked searching questions about how it is that he was employed no less than twice by the LFRS and on what contractual basis, and during the preludes to these employments, did he comply fully and transparently with employment  law given his position as a licensed Officer of the Court and Judicial system?

Questions which, it is assumed, he will have little difficulty in answering both transparently and honestly.

Should he fail to do so then regrettably one must assume that he also has donned the LFRS mantle of corruption to obtain this appointment at the LFRS. An action which will inevitably lead to whistle blowing at the Equal Opportunities Commission, the Local Government Ombudsman, and the  Solicitors Regulation Authority.

Q1. Under what contractual basis was Mr. Nolan employed at the LFRS during the period July 2006-April 2007 and was his employment(even temporary) as a senior civilian appointee reported, approved, and Minuted by the appropriate CFA Committee particularly at a time of an LFRS enforced 'No recruitment' policy ?

Q2. Which sub-Committee in 2015 , or Quorum, of the CFA was appointed to oversee and manage the appointment of the vacant post of Clerk to the Combined Fire Authority and who were its Elected members ?

Q3. When and in what public publications was this vacant appointment advertised in compliance with the LFRS own stated policies of equal opportunities and in compliance with the general principles and law of equal opportunity guaranteeing open competition and fair play which is reflected in the Equality Act 2010?

Q4. How many applications were received for this vacant post ?

Q5. Who selected a short list for interview and did this panel have Elected members present with LFRS ‘officers’ advising them whilst this task was accomplished? If so, name all of them ?

Q6. What were the written terms of reference issued to this panel for selecting individual applicants for the short list ?

Q7. How many candidates were selected for the short list based, on what written criteria, including compliance with ethnicity?

Q8. What was the date of the shortlist interviews ?; what was number of candidates who attended ?; and who was the actual panel on the day ?

Q9. When and where was the name of the successful candidate publicly announced and published by the LFRS Press Office ; in what periodicals and local media?

Q10. Have the panel’s individual assessment notes been retained and will they, after suitable redaction, be made available under the FOI Act requests to unsuccessful candidates ?

Homophobia & Religious Discrimination.

Mr. Nolan lists and professes to care about a range of legal and social causes including; Animal Welfare; Children; Civil Rights; Social Action; Human Rights; the Investigatory Powers Act; but strangely enough not homophobia.

His TLC concludes with LawCare which is a registered  charity for legals with ‘personal problems’- that expression again- which seems to include providing advice and care for those suffering the full human gamut of  human ailments ranging from homophobia to alcoholism to bullying which, given the state of the LFRS HQ, should provide rather a useful fit  for his professional services there.

Mr. Nolan exhibits a particular interest in the Regulation of the Investigatory Powers Act (RIPA-as amended to 2010), indeed he completed an independent coursework study on it which seems a strange diversification of interest away from his mainstream discipline of employment law.

Perhaps his activities reported on here later may well have a self preservation aspect to his interest?

RIPA is a Parliamentary Act regulating the powers of public bodies to carry out surveillance and investigation, and covering the interception of communications eg, websites, and emails.

It was ostensibly introduced to take account of technological change such as the growth of the Internet and strong encryption.

RIPA regulates the manner in which certain public bodies may conduct surveillance and access a person's electronic communications. The Act:

enables certain public bodies to demand that an ISP provide access to a customer's communications in secret;

• enables mass surveillance of communications in transit;

• enables certain public bodies to demand ISPs fit equipment to facilitate surveillance;

enables certain public bodies to demand that someone hands over the keys to protected information;

• allows certain public bodies to monitor people's Internet activities;

• prevents the existence of interception warrants and any data collected with them from being revealed in Court.

All in all it would seem Mr. Nolan is rather a human, if curiously caring person, with some fascinating interests.

It therefore seems strange, perhaps out of character, to find that he is a regular and enthusiastic visitor to hardcore pornographic gay websites where his favourite seems to be the popular gay website entitled “Bent”.

For those of salacious curiosity, or because Elected members of the CFA have a duty to educate themselves about who they have just seemingly 'appointed' as their Clerk to the CFA( or if indeed they were involved in this process) they might well care to visit this website for purely research purposes, where they will find it all done in the best possible taste. Go Here. http://www.bent.com/

It appears that Mr. Nolan is their pro bono legal advisor contributing enthusiastically to an anti-Papal rant about the Roman Catholic Church's position on homosexuality. Go Here.

Search as we might the Bugler is unable, in seeking a balanced approach, to find such a parallel letter on this topic addressed to the Archbishop of Canterbury; the leading UK Muslim Iman; or indeed, come to that, President Putin of Russia, which is all rather curious.

Yet Mr.Nolan quotes the the Equality Act 2010 which in his view states…

"The message the law gives it is thankfully clear: It will not permit discrimination against gay people or against one particular religious group, and one form of discrimination will not be permitted to trump another.".

So why, given the facts above and that Mr. Nolan is clearly championing his cause, has he failed to publicly pen letters to those others mentioned and as a consequence he seems to exclusively directed his ire, in direct religious discrimination, by only picking the Roman Catholic Church to rant at as distinct from these others apparent opponents to his life style?

Surely this not only contradicts his interpretation of the law but directly contravenes it by simply confirming, in so doing, his own discriminating bigotry ?

As Shakespeare is regularly quoted … "perhaps he doth protest too much”…

Of course, as far as the Bugler knows yet, Mr. Nolan has done nothing illegal; perhaps immoral or injudicious as others might view it, but he is perfectly at liberty to exercise his democratic rights and explore his human dimension and interests.

One wonders however how the revelation of this outburst might be viewed in discrimination by the serving Catholic members of the LFRS who by association he will clearly find guilty by reason of the profession of their faith?

Might we in the future expect a similar outburst concerning Islamic barbarism on Christianity without reflecting that there may well be innocent members of the Islamic Faith serving in the LFRS ? One also wonders how these comments uttered by their Clerk to the CFA  might sit with others of diverse faiths, or none?

The Taxpaying Public and the serving personnel of the LFRS, whether uniformed or non uniformed, have a right to expect impartial dignity in those who either serve them in public office, or who publicly represent them.

They do not expect to find themselves either the objects of derision or to have their individual reputations, including their profession of faith(or none) impugned and  smeared because of their unfortunate work association with the CFA/LFRS. Nor do they expect the future use of this platform, or the CFA, by Mr.Nolan to pronounce further immature, unwarranted, and ill-advised rants.

This is what happens when, once more, corruption and all its deplorable practices and forms rule the day in which individuals with a particular ‘Grip’  are appointed via the backdoor at the CFA/LFRS without the slightest exposure to checks and balances which have been specifically set in place to prevent such  embarrassing gaffes and discrimination.

It might well be that if the proper appointment procedures, which the law rightly demands, had taken place that Mr. Nolan's colourful views,  and other issues he has now raised, issues which might have been explored on panel interview, with the conclusion that he was perhaps not the most suitable candidate for this appointment.

Already it would appear that his credibility is tarnished at a very early point and one would have thought the obvious necessity to explain his views whilst attempting to repair fences with the Catholic community who serve loyally within the workforce of the LFRS might well be in order?

The Bugler will of course be happy to publish any apologies or explanations he might wish make in mending fences and  reassuring those he will have inevitably offended that he is not, as it appears in fact, a discriminating religious bigot…

But, in the meantime, let us see how transparently and honestly Mr. Nolan addresses the 10 formal questions the Bugler has posed to him…

The Waddington Amendment & Hermaphrodite Couplings

Now before Nolan goes screaming off into the night clutching his invaluable parts we ought to remind him that in spite of his best efforts to whitewash us all into obeisance to his unusual life style which we all recognise is probably normal for him that we all continue to live in this rather feeble old world of democracy wherein its champions are to be found in the most unusual quarters.

I am convinced that Nolan as a native Lancastrian and an occasionally lawful practising solicitor will want to recognise and salute a fellow Lancastrian, another ‘officer of the Court’ in his day, who tabled an amendment called the Waddington Amendment which Nolan and his seedy  gang clearly would not want us all knowing about because it assures us in its way that we are entitled to express our lawful views on homosexuality, rather quaintly described to me as someone who was an hermaphrodite as my Father struggled to educate me in my youth in the ways of the dark world during one of his ‘inspirational’ days.

It was not until many years later that my fellow Firefighters explained to me the function of a hermaphrodite coupling on a hosereel that I had one of those Eureka moments when the penny dropped and I was being urged, with great hilarity, not to bend over to pick it up…

Now just in case Nolan does not know about the Waddington Amendment as the genderful  Universe fights back perhaps he ought to Go Here.

FSV-RRB Pension Complaint

In frustration FSV-RRB finally thought it was time for him to layout disturbing Questions to the Chairman of the CFA  CC. F.DeMolfetta which demanded Public answers.

This was also meant to be a simple straigth forward test of the intergrity of the newly 'appointed' Clerk Nolan to the Combined Fire Authority to see in handling this comprehensive pension complaint  whether or not he was prepared to act with impartiality and objectivity which such an appointment demands from its encumbent in public office even though he had been 'appointed' under odd circumstances by the Chair of the LCFA.

Up to this point FSV-RRB had only received, like many others, uncivilised, disrespectful treatment lacking in civility and common decency in return for his loyalty to the Fire Service.

For his letter Go Here.

CFA/Nolan response to FSV-RRB Pension Complaint

Mark Nolan
01772 866720
dianebrooks@lancsfirerescue.org.uk
MNIJLW
25 November 2015
Dear Sir
YOUR COMPLAINT:

ALLEGED MALADMINISTRATION OF FIRE FIGHTERS' PENSION SCHEME.
Thank you for your letter to the Chairman dated 6 November, in which you assert that the Chairman and a number of the officers of the Lancashire Fire and Rescue have pursued a course of action which you allege constitutes a maladministration of the fire fighters pension scheme and amounts to "misconduct in a public office," amongst other allegations. Can you please confirm that this is the full extent of your complaint ?

Subject to your confirmation that I understand correctly the extent of your complaint, I write to formally acknowledge receipt of it.
Your complaint has been passed to me as the Clerk and Monitoring Officer to the Authority, as it my duty to investigate any such allegations about the elected members of the Authority and in accordance with section 5A(2) of the Local Government and Housing Act ("LGHA" ,) to prepare a report, where necessary. This would be in circumstances where it is alleged that any proposal, decision, or omission in the course of the discharge of the functions of the Lancashire Combined Fire Authority has given rise to or is likely to give rise to:

• A contravention by the Authority's executive or any person on behalf of the executive of any enactment or rule of law; or
• Any such maladministration or injustice as is mentioned in the Local Government Act 1974.

It is my duty to consult with the Executive when preparing this report, which will also be sent to the members of the Executive and reported to the Authority.
Depending on the findings the Authority may then prepare a report which specifies:

1. What action (if any) the Executive has taken in response to that report;
2. What action (if any) the Executive proposes to take in response to it;
3. When it proposes to take that action;
4. The reasons for taking the action specified in the report, or for taking no action, as the case may be. (Section 5A(8) LGHA.)

My report will also consider whether there has been any breach of the Authority's Code of Conduct and following my investigation, in accordance with the provisions of the Localism Act 2011 and following the agreement by the Authority to implement proposals made from the Proceedings of New Standards Arrangements Working Group held on 24 April 2012, I may elect to consult with the Authority's independent person, as to whether there is a case to answer or whether there are remedial steps to be taken, with the agreement of the member concerned.

If your complaint is, in part, against the Chairman of the Authority, the Vice Chairman will be notified as well as the group leaders, as part of the process I have outlined above, which will be subject to your definitive confirmation, as outlined above.

Your complaints are potentially very serious indeed and will be investigated as such.

I note that you have supplied documents which have been redacted. I would ask that you provide any further corroborating documents, along with un-redacted copies of those documents (or an explanation as to why they have been redacted) within
14 days of the date of this letter, whereupon my investigation will commence.

I note that you are domiciled in France but I also note that you are in regular contact with other ex- firefighters, through a blogging network, for whom you have common interests with them, and who act as one. It is unlikely that your location will be any impediment to the effectiveness of my investigation and would wish to reassure you in this regard.

In the event that I conclude there is a case to answer it may also be the case that recommendations will be made for remedial action. This will also give rise to the generation of a report from the Authority in response, for which a definitive outcome and position will be outlined in detail, including any recommendations for remedial action.

In the event that I conclude there is no case to answer then it may be the case that no action will be necessary, which will be confirmed in due course.

In the meantime I look forward to hearing from you within the next fourteen days with definitive confirmation of the extent of your complaints as per my request and any further supporting and un-redacted documents, whereupon I shall commence my
investigation, as soon as reasonably practicable thereafter and will revert to you as soon as my report has been prepared and my initial conclusions have been made.

Yours faithfully
Mark Nolan
Clerk & Monitoring Officer
Lancashire Combined Fire Authority

Nota Bena~ For the orginal letter, Go Here.

The Bugler Comments – FSV~RRB Expectations

Dear Reader,
by now you will have read FSV~RRB letter of Complaint and following this, the CFA’s initial response.

Aside from the detailed evidence which FSV~RRB produced in support of his Complaint his tacit expectations were that  the Chair of the CFA CC.F.DeMolfetta would address several principle points, namely:

• That without delay he would take this final opportunity on behalf of the CFA and his pension provider’s -LCC YPS- to discharge their final legal responsibilities which are to report all this pension Scheme maladministration/malfeasance to The Pensions Regulator and thus fulfill their long awaited Statutory duties;

• That without delay he would publicly, in translucence, calls for an independent Publicly transparent Inquiry into the LFRS Firefighters’ Pension Scheme under his lawful control;

• That without delay he would personally respond directly to FSV~RRB by both acknowledging receipt of this Complaint and indicating what courses of action he proposed to adopt immediately in addressing these unacceptable and intolerable Pension Scheme circumstances and if this required him to stand aside, as one of those directly involved, then he should in public credibility, recuse himself, and stand aside immediately.

Hardly surprising CC. F. DeMolfetta did not complete a single expectation, because amongst other things, these personal failures simply confirm his incapability of reading, understanding, and responding to plain English.

One wonders how this fits with his daily requirement as a Chairman to read, understand, conclude, and respond to correspondence of all types which this appointment will receive?

How does he manage this, even if using a third person interpreter, if he can neither understand nor confirm what those around him are telling him, and whether or not it is the actual truth?

Now to look at the minutiae of this response for passing interest

• At first glance the tone of Mr.Nolan’s response would seem to be encouraging but a more studied and perhaps cynical re-examination based on past experience simply confirms its purpose which is to give impressions of probity and honesty to the ‘uninitiated’.

• The CFA, and Mr.Nolan’s great intentions in particular, are apparently to act formally within the law whilst planning its usual mixture of time wasting obfuscation; engagement in extended stonewalling correspondence leading to nowhere; culminating in the engagement of their ‘independent’ and ‘impartial’ observer from the Crown Prosecution Service thus lending an air of credibility by using a person whom the CFA(we) pay a stipend to, to produce the appropriate sized bucket of whitewash whilst observing all this corruption through her Nelsonian eye, as she has done before.

• In fact none of this is new nor particularly imaginative but now, as we shall see, the CFA are going to have raise their game to dupe other governmental departments with rather more hard nosed Chief Executives, which they may find is just a little more daunting and challenging.

• A fascinating point is that this 'Nolan' response emanated from the office of none other than Warren, the principal accused, whose executive assistant has signed(incorrectly) on behalf of Mr.Nolan (who has his own dedicated assistant).

Undoubtedly this was their first joint effort at working on Warren’s defence and rather a feeble effort it was too;

• Mr.Nolan, with great legal flourishes, informs us what his Statutory duties are quoting from the Local Government and Housing Act of 1974 (as amended 1989) during which time, in a different century, Mr.Nolan was neither born or was running around his local school yard.

He should bear in mind that the Public’s expectations in the 21st Century have changed somewhat in respect of public authority transparency and honesty.

Mr.Nolan has no background or experience in local authority work and already this is showing.

• Mr.Nolan is at pains to have FSV~RRB elucidate and confirm the full extent of his Complaint.

The purpose of this is naively transparent. It is so that later Mr Nolan can ‘move the goal posts’ by declaring that this or that future revelation of more corruption will simply be outside the terms of FSV~RRB’s original complaint.

Mr. Nolan already forgets we have all been here before and smarter rascals than him have tried and failed to get away with such transparent sleight of hand.

• Surely it is patently obvious, even to him, that FSV~RRB’s Complaint involves a complaint against CC DeMofetta Chair of the Fire Authority which includes a self-evident prima facie charge of fraud.

CC DeMolfetta, with the authorising assistance of Mr.Keith Mattinson Treasurer of  the LFRS, recently fraudulently misappropriated public funds to bribe into silence, in response to blackmail, the departing racist Hamilton, former head of HR at the LFRS, with a full 2 years salary in addition to the year he was already suspended.

Financial misappropriation which both CC DeMolfetta and Mattinson have secretly hidden in the LFRS accounts well away from CFA Elected Members and the Public’s scrutiny.

• Surely Mr.Nolan well knows his legal duty which is to report all such matters promptly to the Police and to propose to the full CFA Committee that CC. DeMolfetta be immediately suspended and replaced with his  Vice-Chairman CC Miles Parkinson until all these

criminally corruption issues are transparently, independently, and Publicly investigated.

Already in his legal duties Mr. Nolan has failed whilst demonstrating his professional weakness and malleability.

• Next Mr.Nolan asks FSV~RRB’s to supply him with unredacted copies of documents FSV~RRB’s has published in his Complaint.

This simply confirms that the likes of Warren and Harold have retained these useful documents from Mr.Nolan’s view and placed them in their respective bribery war chests for when the day comes shortly, when they, like Hamilton, will wish to have their silence bribed as they also depart from the LFRS clutching embezzled public funds as so called nameless ‘salary’.

• However, in the unlikely event that these documents have been destroyed, such destruction, as Mr.Nolan well knows, is regarded by the law in the form of the Serious Fraud Office as yet more fraud, which will of course bring more consequences to those, including himself, who ought to have retained them in archives and who may well find themselves as innocent parties to and victims of a collective fraud

A fraud which may well cost them, not only their employment, but their personal freedom.

• Mr.Nolan has a welcoming and refreshing approach to dialogue in which he states to FSV~RRB that even though he lives in France Mr.Nolan cannot see it as a particular impediment to dialogue.

Indeed he invited him to contact him in the next 14 days which of course FSV~RRB did.

It is puzzling therefore that when FSV~RRB called Mr.Nolan at his full time employment at Citation in Wilmslow on Wednesday this week to commence this dialogue that Mr.Nolan, through is assistant, refused to speak to him!

• Perhaps by now Nolan is wondering why he thought he could foolishly wander into this briar patch without getting pricked by this one or that one. He naively seems not to recognise that he is  also swimming in shark infested waters where predators abound .

• This Complaint was an immediate and final opportunity for the CFA/LFRS/LCC to fulfill their Statutory duties in reporting all these issues raised by FSV~RRB’s Complaint yet neither Mr. Nolan nor the organisations he legally represent have given the slightest indication in this response that they have completed this particular Statutory duty, nor that they have the slightest intention of doing so.

• Though it would seem very strange to the lay person Mr.Nolan is immediately proposing to investigate himself, or more precisely, the organisation which employs him.

This is also bemusing because surely Mr.Nolan will have learned during one of the first kindergarten lessons of law school that no one can be a judge and jury in their own court which rather surprising for one holding and Honours Degree in Law…

• However if Mr.Nolan decides to investigate himself he will undoubtedly find himself with illustrious company because the Pensions Regulator has already confirmed that this LFRS pension Complaint will be investigated by a specialist team and of course this Complaint will not be looked at in splendid isolation as TPR wade deeper and deeper into fraudulent pension corruption.

• Acting on the early and prompt response and recommendations of The Pensions Regulator  FSV~RRB has also formally reported these fraudulent activities to the HM. Treasury(who are responsible for Local Authority finance) and also to the Serious Fraud Office for similar parallel investigations because as we all well know fraudulent pension management is endemic within the LFRS and the LCC Your-Pension-Service.

It is certain that yet other agencies will beat a path to the CFA’s door;

• Finally, as a licensed officer of the Court and Judicial system Mr.Nolan is fully aware of the duties laid upon him both individually and professionally to ensure his complete probity and compliance with the law and in responding to any Statutory authorities seeking to examine and acquire honest answers from him and the CFA/LFRS.

• By FSV~RRB proffering his Complaint and by Mr. Nolan issuing a first response he has taken upon himself the professional responsibility for the CFA/LFRS complete compliance with all laws, indeed, he repeatedly implicitly acknowledges his professional and the CFA/LFRS compliance duties in his response.

• Mr. Nolan has been working for the CFA/LFRS for some considerable time before securing his current 'position' in October and simply cannot have been unaware of all these corrupt and criminal activities around him in a such a small organisation.

For failing to act immediately in compliance with his legal duties to report crime and criminality as a licensed ‘officer’ of the Court it is FSV~RRB’s intention to report Mr. Nolan to the Solicitors Regulation Authority with the ultimate view of having him ‘struck of the Rolls’ and his licence to practice cancelled.

• Presumably FSV~RRB should rightly  have his own thoughts how, or if, he should respond before entering this spiders web but certainly having his first friendly call to Mr. Nolan rebuffed he may well wish to test the credibility and probity of Mr. Nolan by asking the same 10 questions the Bugler has already posed to Mr. Nolan and for which we expect a honest, prompt, transparent answers.

Responses which any Taxpaying member of the Public also have a right to expect…

Disabled FSV~RRB Observations on the CFA response

Lxx Cxxxx Bxxxxxx

 Axxxxx,

 France, 7xxxx.

Monday 14th December, 2015.

Mr.C.Kenny QFSM Chief Fire Officer

LFRS HQ Garstang Road, Fulwood Preston, PR2 3LH

FAO Mr.M.Nolan Clerk to the Combined Fire Authority.

Your Reference:MN/JLW

My Reference: RRB051.2015 

My Complaint.

Dear Mr. Nolan

1. I have given your letter of the 25ult., some thought;

2. You have carefully explained your role with its Statutory legal duties and as a licensed ‘officer’ of the Court I must assume that you will comply fully, both  personally and professionally, in conforming with the spirit and letter of all those duties;

3. You have indicated your intention to investigate the circumstances of my Complaint, in effect to have the CFA/LFRS investigate itself.

It puzzles me how you can do that, but then I suppose you would know better than me;

4. Having written at length about the your legal duties in respect of  compliance with the law by the CFA/LFRS, and search as I may, I cannot seem to see where you have informed me that that you have already taken the immediate legal steps necessary to discharge  the CFA/LFRS compliance by stating that you are immediately going to, or have already completed these Statutory duties by informing the Pensions Regulator, not only about my Complaint, but about all the other maladministration/malfeasances which has taken place with my, and other pensions under your control and the control of your contractor the LCC~YPS, during the past 7 or more years;

5. You ask if my Complaint involves a direct Complaint against CC F.DeMolfetta’s behaviour and it is clear that it does though it seems that I might not have made that point clearly enough to you.

6. You will be aware that recently CC F.DeMolfetta, with ultimate responsibility for my pensions, has fraudulently misused Public funds in response to Mr. Hamilton’s self-evident blackmail (former head of Human Resources and my deputy pension scheme manager) in purchasing his silence by the use of 3 years departing ‘salary’ having been accused of and suspended for a ‘race hate’ crime, for which he was never put on trial, either civil and/or criminal.

So it is safe to say that both CC F.DeMolfetta and Mr.Hamilton who are, or have been, legally responsible to me for my pensions are thus both directly involved and thus subject to my Complaint as well;

7. I am puzzled why you ask me for documents which you must surely have in your archives and in your possession and if they have not been retained or deliberately deleted thus not available to you, then this also is a matter which you must address during your ‘investigation’;

8. I regret, and I am puzzled that after informing and inviting me to have a discussion with you about my Complaint that you then refused to speak with me last week when I phoned from France to speak directly with you?;

9. I am sure by now you will be aware that very few, if any, of the 2000+/- Lancashire pensioners who are Fire Service Veterans have the slightest sense of trust in any of the CFA/LFRS councillors, or their pension management staff due to either their total disinterest in this pension scandal or, in the case of the LFRS/LCC staff, their determination to do whatever it takes both legal or illegal to cover up all their criminality during these past 7 or more years;

10. This of course inevitably raises questions in my mind about your trustworthiness a characteristic which I see has already been raised by the posing of 10 reasonable questions to you in person by the media The Morning Bugler regarding how it was that you have obtained your appointment  as Clerk to the Fire Authority?

11. I am sorry to say I share those curiosities as well. It would be beneficial to me and any future discussions I might have occasion to propose to you if you were, as speedily as possible, to let me also have your answers to those unavoidable questions.

That way we can immediately begin to have a trusting dialogue to which I hope you might , if there is a next time, wish to respond?

12. In any event your ‘investigation’, setting aside for the moment the curious business of you being ‘judge and jury in your own court’ and how you obtained your appointment, will still be useful to me because when all the investigations I have now set in motion at the recommendation of the Pensions Regulator  report to myself and the Public I will be able to compare your version with those of the findings of The Pension Regulator; HM Treasury(Public Pensions); the Serious Fraud Office; and the Local Government Ombudsman;

13. I will await the results of your ‘investigation’ with great interest as will no doubt all these other government agencies. If I can assist you further and I am at liberty to do so then then you must not hesitate to contact me.

Yours Truly,

R.R.B.

cc.

The Pensions Minister Baroness Altmann CBE.

The Pensions Regulator.

H.M.Treasury (Public Pensions).

The Serious Fraud Office.

The Local Government Ombudsman.

Coalition Leaders of the Lancashire County Council.

Chairman and all Elected Members of the Lancashire Combined Fire Authority.