Dear Minister of State,

Historical Background:

1. Within Lancashire I represent a group of disabled Fire Service Veterans(FSVs), their Widows, and Beneficiaries; internationally I provide online UK Fire Service pension information and advice by means of a website entitled “The Morning Bugler”;

2. Collectively we have been in a pension dispute for the last 9 years with our former employers-Lancashire Combined Fire Authority(LCFA) during which we have repeatedly demonstrated, presenting substantive prima fecie evidence, supported by the pro bono Opinions of Barrister Mr.J.M. Coppleston-Bruce(Life Member-Inner Temple Bar) that we have been, and are, being underpaid our Fire Service disablement pensions.

Our dispute goes unanswered.

3. In this pension dispute we recognise the jurisdiction of the Courts; the Home Office; the Pensions Ombudsman; and the Pensions Regulator.

4. However, according to Mr.Nigel Evans(Constituency MP for one FSV) the particular delinquency of the LCC, which I am bringing before you, is its failure to implement their Statutory duties in respect of the misconduct of one of its County Councillors.

A matter which does fall within your jurisdiction.

For clarity – this matter is not directly about the pension dispute per se.

5. Whilst persistently seeking a public review of this pension issue by the Elected Members(25) of the LCFA without success, the corrupt activities of County Councillor Mr.F.DeMofetta, who is currently allocated the duties of Chairman of the Lancashire Combined Fire Authority by the LCC, have simply come to light.

6. Prima fecie evidence of CC DeMolfetta’s mendacity, malfeasance, and corrupt practices was presented to the Coalition Leaders(Lab/LibDem) of the LCC on the 22^nd August 2016 because CC DeMolfetta is first and foremost an LCC Councillor and legal accountability for his conduct rests with the LCC.

7. By law these political leaders hold primacy of responsibility for the conduct of all their Councillors by means of the LCC Constitutional ‘Code of Conduct’.

8. Ordinarily the presentation of such evidence automatically requires the LCC Solicitor and ‘Monitoring Officer’ to implement his personal Statutory duty which is to carry out a transparent preliminary investigation and report his findings(not his opinions) to the all-party LCC Scrutiny Committee(the lead committee for such matters) to enable them to take whatever action they may deem appropriate which may include handing the evidence to the Lancashire Chief Constable for criminal investigation.

9. The LCC Monitoring Officer has wilfully failed to carry out his Statutory duty leading to the possible conclusion that he may have been unlawfully ordered, in contravention of the Statute law,by the Coalition Leaders, and/or his CEO, to default and breach both his personal and professional Statutory duties.

10. The CEO was asked whether or not she had been so directed by her political leaders and after ignoring relevant correspondence Ms.J.Turton(who is not a solicitor) finally replied, without any form of investigation, that she had issued advice to her LCC Coalition Leaders; to the LCC Scrutiny Committee; and to her Monitoring Officer that in her opinion there was no necessity for the LCC to implement its Statutory duties; that my Complaint should just be ignored; and there the matter has rested until now.

11. There is not the slightest doubt that under the relevant Acts including the latest Localism Act 2011 that such Statutory duties, both personal and professional, exist and must by law be implemented.

12. I have presented repeated opportunities in hand delivered correspondence to the LCC Coalition Leaders encouraging them to carry out their Statutory duties all of which have been ignored and stonewalled without response.

13. Such a wilfully unlawful attitude is unacceptable in the largest County Council in the UK; in its publicly elected Members; and in its ‘officers’.

14. I attach copies of the relevant correspondence for your information and should you require further clarification please do not hesitate to contact me.

15. Please be advised that all correspondence in this matter is publicly transparent and will be published on ‘The Morning Bugler’, the democratic voice of those I represent, and wherein the misconduct of the LCC has already been published in Current Affairs Volume 19 26^th February 2017.

https://www.themorningbugler.com/current-affairs/2017-volumes/vol-19-26th-february-2017/

16. In the light of the repeated refusals of the Lancashire CC, their Elected Members, and their ‘officers’ to implement their Statutory duties I now call on you to institute a Ministerial Enquiry into all the circumstances I have placed before you, if only, to restore the confidence of the local electorate in Lancashire County Council in view of the forthcoming local elections on 4^th May 2017.

17. Please acknowledge receipt by return.

Yours Sincerely,

                                 Signature                                     

Divisional Fire Officer (Rtd)

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