THE city council's communications chief was at risk of "committing a criminal offence" over a request for information on whether public money helped Labour win the local election.

That was the message sent to the authority's lawyer by a member of council staff, who said head of communications Stephen Barker denied the council held the controversial plans – and then produced them at the 11th hour.

The documents, which appear to show publicly-funded publicity for the council and the Labour party were coordinated for six months before polling day in 2007, had been requested by Liberal Democrat Tony Sutton under the Freedom of Information Act (FOI).

Mr Barker initially denied the council held the publicity plans, but later produced them after the legal deadline to respond to the request had passed.

This prompted one information officer to write to the council's head of legal services, Glen O'Connell.

The officer's e-mail stated: "I found the actions of communications colleagues particularly unhelpful on this matter, with Stephen's actions potentially placing him as the individual, or the council, at risk of committing a criminal offence by asserting information isn't held and then subsequently disclosing it."

The FOI watchdog, the Information Commissioner's Office, says it is aware of the officer's e-mail. A spokesman said: "The information is now with our investigations team to consider."

The plans were released earlier this year and the city council is investigating whether the campaign, which cost the public £20,000, was illegal.

Today Mr Barker told the Post: "As soon as I was aware that the council's FOI team was going to reply to then Councillor Sutton saying that the materials he wanted could not be found in the council's records I volunteered to the Council's Monitoring Officer that I could find photographic copies of them elsewhere. In line with his advice, I provided these to the FOI team who passed them on to then Councillor Sutton."

READ MORE: Communications boss 'said council did not have requested papers'