- guardian.co.uk, Saturday July 14 2001 01.42 BST
Michael Wheaton's reign in the East Yorkshire port of Goole was described as dishonest and shameful by a high court judge who also branded him as "unfit for public office".
Wheaton, 56, a former European politics lecturer and leader of the defunct Humberside county council, was given pay rises totalling 800% during his nine years as town clerk in Goole, the smallest of the Humber ports. He was ordered to repay £195,534 yesterday and may also be liable for legal costs of up to £90,000 which will be the subject of a future hearing.
The high court in Hull heard that his pay had soared from £9,000 to £76,000 after regular meetings with two "overbearing" Labour councillors. The gravy train was derailed in 1997 after the district auditor was called in and Mr Wheaton was sacked for gross misconduct.
He was in court to hear Judge Peter Heppel QC condemn his "arrogance and contempt for the democratic process" by falsifying minutes. The judge told the court: "To put it crudely this amounted to carving up the business in private and nodding it through in public.
"The decision to dismiss him was not only appropriate but also essential. He is a man unfit to hold public office."
Wheaton paled when the judge ruled on the amount repayable, although the prospect of Goole recovering significant sums appears remote. The former clerk, who lives in a three-bedroom house on the outskirts of Hull, is on legal aid which means he has assets of less than £7,500.
In a brief statement after the hearing, he said: "All the way through the case my legal team has advised me that I had a strong case against the town council. For the last five years I have not engaged in a public slanging match because of the legal argument and I am not changing that now."
The court was told that his pay rises followed close liaison with Labour councillors Kevin Dean and Doug Campsell, which also led to an office car, 35 days holiday a year, and a contract until he was 65.
Judge Heppel said that the relationship amounted to connivance. "There are serious questions arising of Councillor Dean and Councillor Campsell's conduct. I bear in mind that these men have not had the opportunity to appear before me to explain."
Stephen Jones, for Wheaton, said that the pay rises had been lawful and reasonable, as the council's annual turnover expanded from £100,000 to £1.2m. He told the court: "The real issue of the case is that pay settlements are not unreasonable just because it exceeds the figures contained in the National Association of Local Council's documents. Those are only recommendations."
But the judge ruled that Wheaton had not only acted unreasonably but had changed a minute to give himself a 20-year pension and had changed a computer entry to overpay his already inflated salary. He said: "He became adept at concealing these matters to people who should have known. Unhappily the only conclusion that I can come to is he stole extra sums of money."
Goole's current town clerk, Brian Robertson, who is paid £32,256 to administer a team larger than Wheaton's and has no office car, said after the hearing: "Bearing in mind the comments of the judge today the council may have to consider referring the matter to the crown prosecution service to consider whether there is a criminal case."
