If you're looking for a few minutes' entertainment this weekend, read item 9.5 of the agenda for the next so-called 'Council' meeting on 22 June. You can find it on pages 67-69.
Believe me, it's a hoot. Don't be selfish, share it with your friends.
It's the work of Mr Graeme Simpson, Acting CEO, though as I read it I think I detect the influence of his deputy as well as of the inimitable Commissioner Best.
Mr Simpson's thesis, if so it may be called, is that York's woes result from 'perceptions of misconduct'. How silly of us to think it was actual misconduct that caused them!
In fact, according to him, no such misconduct ever took place.
How does he know that, bearing in mind that he didn't live or work here while the bulk of it was going on?
Well, he says, people need to know that five agencies have thoroughly investigated the Shire's activities and found nothing wrong.
Apparently, those five agencies are: the Corruption and Crime Commission (CCC); the Department of Local Government and Communities (DLGC); the Shire's Finance, Risk and Audit Sub-Committee; the Shire's auditors Macri Partners; and Mr Simpson himself.
Where are the reports?
I think most of us would expect an investigating agency to be fearlessly independent in its approach to the task. We all have doubts about agencies that investigate themselves, or about investigators who are not at arm's length from the person or body under investigation.
Now let's look at those five agencies in turn.Mr Simpson appears to suggest that the CCC has fully investigated the Shire and found nothing amiss. Surely he must know that isn't true. The agency found only that the Shire had processed certain allegations correctly. It did not rule on the allegations themselves. As to those, it neither condemned nor exonerated anyone.
If Mr Simpson has evidence to the contrary, let him share it with the rest of us.
As well as being independent, an investigating agency must be free of any conflict of interest - real or perceived. I'm not confident that description fits the senior bureaucrats of the DLGC. Those are people whose careers might suffer from a finding that bad things were happening in York during what I have termed the Hooper-Boyle-Hooper ascendancy, and that they paid scant heed to hundreds of complaints from residents.
Anyway, if the DLGC did investigate, which frankly I doubt, why haven't its conclusions been made public? Why the secrecy, if everything in the Shire is hunky-dory?
The Shire's Audit and Risk Sub-Committee is hardly an independent body. Nor is Macri's, because they have a continuing professional relationship with the Shire.
Moreover, some of the allegations raised in the Fitz Gerald Report - for example, questions surrounding the sale of an historic building to a former employee for rather less than its then market value - would have called for a forensic audit. So, I fancy, would issues arising from the construction of the York Recreation Centre and alleged misuse of a corporate credit card.
If Macri's did in fact carry out a forensic audit into any of those matters, where are its findings? We're not all stupid, Mr Simpson; some of us can read financial documents. If Macri's did investigate, as you claim, publish its report!
The last of our investigating 'agencies' seems to be none other than Mr Simpson himself. Independent? No conflict of interest? I think he nailed his colours to the mast months ago.
How were the investigations carried out?
Most educated people are required from time to time to study and evaluate reports of one kind or another. What are the first things we look for, aside from the name and professional status of the investigator, as we settle down to such a task?
We want to know precisely what matters are under investigation, why they are of interest to the investigator, and what methods of investigation have been employed. Without that knowledge, we are unable to exercise our judgement to much advantage.
Yet Mr Simpson fails to give us any properly identifying information about the purpose, nature and scope of any of the investigations he claims have been carried out or the professional status and experience of the investigators.
Does he expect us to take such matters on trust? Does he think we all came down in the last shower?
The Fitz Gerald Report
Mr Simpson has decided to bury the Fitz Gerald Report once and for all. That won't go down well with many of the people who spoke to Mr Fitz Gerald about their sufferings at the hands of shire councillors and officials, past and present.
I agree with Mr Simpson (and his friendly legal practitioner) that the report is seriously flawed. It seems to have been completed in great haste. Just as a trained editor and proofreader, I wish it had fallen into my hands before it went to press. It is muddled in places and inexpertly written.
On the other hand, it gave York residents the first real opportunity they had had to air their grievances to somebody prepared to listen and take them seriously. In my book, that considerably outweighs its many flaws.
I remind Mr Simpson that in his efforts to discredit the Fitz Gerald Report he is also trying to discredit the individuals who contributed their stories to it. That is detestable.
Sooner or later, preferably sooner, Mr Simpson will depart from York. Few, I wager, will be sad to see him go.
And when he does go, if he is replaced by an intelligent CEO with brains and professional qualifications acquired outside the Jurassic swamp of local government, perhaps the Fitz Gerald Report, with all its flaws, will be released from quarantine and subjected to sober, independent analysis. For good or ill, it is part of York's history. After all, on Mr Simpson's own admission, it cost us ratepayers a hell of a lot of money.
'Damage to the reputation of the York community'
One of Mr Simpson's most ridiculous statements is that 'negative publicity generated by...perceptions of misconduct have damaged the reputation of the York community'.
No, it hasn't. What it may have done is further injure the reputations of certain individuals who did a damned good job of injuring their own reputations by ripping off their fellow citizens and treating them with contempt.
I don't know how Mr Simpson and Mr Best feel able to arrogate to themselves the right to speak for or indeed about the York community. They don't live here. They are temporary placeholders, carpetbaggers, doing very well for themselves at our expense and spending copious amounts of our money on shiny public relations wallahs and overpaid lawyers and consultants.
Gentlemen, time to go. We can no longer afford you.
Tomorrow: Acting CEO Simpson threatens free speech and the blog!
Item 9.6 Late Report Agenda Ordinary Council Meeting 25th May 2015
ReplyDeleteUnder the heading Background: The resignation of former CEO, Mr Ray Hooper, appears to have triggered events that led to the conducting of investigations.
This is factually incorrect Mr. Simpson. This should read: The impending investigation appears to have triggered the CEO's resignation.
The CEO Ray Hooper resigned on the 15th April. 2104. AFTER the following resolutions were passed by Council.
Moved: Cr Smythe Seconded: Cr Duperouzel
“That Council:
RESOLVE to:
1. Endorse the Shire President‟s response to a letter of complaint dated 4th April, 2014 as confidentially circulated to members.
2. Appoint Fitz Gerald Strategies and if necessary Jackson Macdonald as consultants to provide Council with relevant professional advice by way of reporting to Council on its legal position and any responsibilities or obligations it may have in relation to the above-mentioned letter of complaint and other relevant matters.
3. Adopt the consultant‟s brief as confidentially circulated to members.
4. Expenditure for this matter to be allocated to Budgeted items Consultants, Governance.
AMENDMENT
Moved: Cr Smythe
That Council Amend the Motion to read:
“That Council:
RESOLVE to:
Seconded: Cr Boyle
1. Endorse the Shire President‟s response to a letter of complaint dated 4th April, 2014
as confidentially circulated to members.
2. Appoint Fitz Gerald Strategies and if necessary Jackson Macdonald as consultants to provide Council with relevant professional advice by way of reporting to Council on its legal position and any responsibilities or obligations it may have in relation to the above-mentioned letter of complaint and other relevant matters.
3. Adopt the consultant‟s brief as confidentially circulated to members.
4. Expenditure for this matter to be allocated to Budgeted items Consultants, Governance.
5. Authorise the Shire President to liaise with the consultants and direct on this matter.
6. Council to seek guidance from LGIS.
RESOLUTION 190414
Moved: Cr Wallace
The amendment became the motion.
CARRIED: 6/0
Seconded: Cr Smythe
CARRIED: 6/0
MINUTES – ORDINARY COUNCIL MEETING – 14 APRIL 2014
107
RESOLUTION 240414
Moved: Cr Smythe Seconded: Cr Wallace
“That Council authorises the President to represent the Council and to liaise with Fitz Gerald Strategies on behalf of the Council in the process necessary for Council to address and resolve its concerns about the conduct and performance of the Chief Executive Officer.”
CARRIED: 4/2
RESOLUTION 250414
Moved: Cr Duperouzel Seconded: Cr Smythe
“That Council makes a budget provision of $20,000 to engage Fitz Gerald Strategies and Jackson McDonald.”
CARRIED: 5/1
Only $20,000 for the Fitz Gerald Report? Simpson says it's cost $77,000. Where did the balance of $57,000 go?
DeleteOh, of course. Fees for lawyers and consultants.
Same story as with FOI. The Shire's FOI officer can't do the job, so the work is farmed out to 'somebody with a legal background' (James Best's description). Most if not all of the information people ask for should be readily available to them anyway. It's usually about expenditure of public, i.e. our, money. But so strong is the culture of secrecy and deceit in local government that instead we have to fork out ridiculous sums to unnecessary consultants and lawyers.
Who can blame us for talking about corruption when the most plausible explanation for the Shire's reluctance to give out information is that it has something (or many things) to hide?
And by the way, Mr Simpson, where is the YRCC fact sheet you promised us?
Residents interviewed by Fitz Gerald were advised to collect their copy of the report from the Administration office. On arrival they were told by Mr. Keeble the release of the report had been blocked at a Special Council meeting called by Deputy Shire President Duperouzel and attended by Crs.Tony Boyle, Pat Hooper and A/CEO Michael Keeble.
ReplyDeleteWhere are the Minutes of this meeting on Shire Records?
The A/CEO Simpson states: The FitzGerald report was commissioned and printed for distribution but one (1) hard copy and one (1) electronic version of the document were not lodged in the Shires records office.
How can a Report be blocked by the D/Shire President and two councillors, then NOT lodged in the Shire Records?
Where are the copies the three Councillors had on that day?
James the Fitzgerald report is constantly criticised and referred to as flawed however, you should remember the bloke had hours and hours of interviews and boxes and boxes of documents he had to put into a format that demonstrated patterns. He had to work within a very limited budget as well.
ReplyDeleteMy point being that I feel he provided a snapshot of poor governence and questionable ethics which should have been enough to launch a much more detailed investigation.
For Best and Simpson to trivialize the report is not surprising in the least, although their language is very disturbing.
Mr Best and Mr Simpson, I am not sure if you genuinely think you're helping and just cannot understand our anger and frustration or if you are just pawns in the DLG's self preserving Game of Thrones. If it is the latter I feel very sorry for you both because I'm a big beleiver in goes around comes around. Money is no good to you when bad karma comes back to you.
If it is the former then I feel more sorry for your next employers. Listening to Cochrane, Hooper, Masuik etc is exactly what we all told you not to do at any cost.
Either way I am counting the days till you both pack your bags.
You're right, Tanya. Flawed report or not, Mike Fitz Gerald did a great service to the York community. He did the best he could on a limited budget and with limited time. As you say, he exposed poor governance and unethical behaviour on the part of the Shire. He doesn't deserve the crap poured over him by Graeme Simpson. As I wrote, the flaws in the report are heavily outweighed by its virtues.
DeleteThe report doesn't belong to Simpson or Best. It belongs to the people who paid for it, the people of York. How dare Simpson take it upon himself to lock it away.
Someone at the Shire Administration seems to have forgotten, Crs. Duperouzel, Boyle and Hooper convened a Special meeting with CEO Keeble present to discuss the Fitz Gerald Report. The three councillors voted to block the release of the Report. This WAS a Shire of York Special Council Meeting, how can there be no record within the Shire of York Administration of the document they discussed and voted on?
DeleteHow many remaining copies of the Report does the Shire have under quarantine?
BTW the use of the term Quarantine is a very strange term to use in this instance, it sounds like a seriously contagious disease!
.
I agree Mike Fitz Gerald did a great service to the York Community. He was under enormous pressure and crates of evidence to go through in a very short space of time.
DeleteOur Town must be forever grateful to Matthew Reid for at least having the courage to get the Report done, whether it is a perfect legal report or not is of no consequence.
It can be quarantined by the bureaucrats all they like, but the truth of the matter is it is now out there for everyone to read .
Well done Matthew Reid and Mike Fitz Gerald.
No more flawed than the report given to the CCC to clear the SOY of misconduct. F%#K you have to laugh..... The Truth always wins just sometimes it takes time.
DeletePleased to see the Shire of York - that's the official one - is doing their bit to promote both the Blogs in the Shire Agenda. What a great community service!
ReplyDeleteA/CEO Simpson seems more than a little confused over which Blog is which.
ReplyDeleteIn his Officers Recommendation 2. he refers to “Shire of York 6302 Voice of York blog”, styled as the official, unofficial site…..and another he refers to an a 'previous incarnation'
Mr. Simpson, the 'previous incarnation' is 'The official unofficial' site.
This Blog is ' The Real Voice of York, Western Australia.'
He then goes onto say the Shire will protect the reputation of the organisation. (readers stop laughing, it is not permitted in York)
The late report (see Agenda) was the topic of conversation in the coffee strip this morning. Seems Yorkiites are not happy.
ReplyDeleteQuestions being raised:
1. Who was the legal practitioner who described the Fitz Gerald report as being a poor document and what is his/her qualifications?
2. Who are the (5) agencies that have investigated the Shire?
3. Where are all the written reports on the investigations from these 5 agencies - they have to be made available to the public.
4. Phone calls have apparently been made asking those named in the Report if they had been consulted by Mr. Simpson (or Shire). So far the answer has been NO. Refer heading Consultation.
I eventually figured out why…… Mr. Simpson meant he contacted Tony Boyle, Pat Hooper and Mark Duperouzel.
It pains me to say this, but I think Mr Simpson was being deliberately untruthful in that agenda item. I'm quite disappointed in him.
ReplyDeleteThe FitzGerald Interviews and Report did a great service to this town. It enabled a number of people hurt by goings on in the Shire to be heard when they had been battling to get a fair hearing from anyone in authority, whether it be the local Council, CEO, Deputy CEO, WALGA, CCC or Minister. I was struck at the time also that Mr FitzGerald actually took extra time on the work, beyond the expected deadline (whether set by him or others). He was thorough.
ReplyDeleteHe himself acknowledged, also, that he was not the ultimate authority on drawing conclusions. He used phraseology such as "if this claim is true" a number of times, allowing for further examination of the players by other persons for verification or negation.
He also stated: "The size of this project is almost such as to warrant a Judicial Enquiry with several teams of lawyers and investigators and a Judge to hear and decide on the matters" (and this was despite knowing that, as he put it: "It should be noted that a huge amount of the material provided to me indicates that quite a number of the issues presented to me as justification for complaints against Ray Hooper and Past President Councillor Pat Hooper and Past President Councillor Tony Boyle and others including the past Councils of the day have already been the subject of complaints to the CCC, the Local Government Standards Panel, the Department of Local Government, the Minister, the State Administrative Tribunal and many matters have been before various Courts").
He went on to say: "I have not set out to become the authority of review for all of these jurisdictions and have no power in that area anyway. What I have attempted to do in this investigation is to highlight those issues raised with me that indicate the conduct of Ray Hooper and the Councils of the day that have allegedly caused much stress, anxiety and financial costs to electors in York and to the fabric of the York community."
He heard the people (and those he interviewed were quite a cross-section of York's demographic, and not only those branded by the offenders as 'troublemakers"), raised the issues, and is almost being treated as a charlatan by those who don't want to hear, including some of the councillors who commissioned the investigation and Report — and by weasel words and unjustified interpretations found in the Agenda Item 9.5.1 for 22nd June 2015, and moreover in the context of the failure to produce the findings of those other various agencies such as could well have been attached as Appendices to the item.
How long does this town have to be told black is white and white is black. Much as I want and will plump for progress in this town I adopted, I despair of ever having honest government of the people, by the people, and for the people, while this is the case.
Please don't despair, change is in the wind.
ReplyDeleteI agree with your comments on the Fitz Gerald Report. Mike Fitz Gerald's report galvanised the town. People know that what he recorded was the truth. Graeme Simpson isn't fit to latch his shoes.
I seem to recall from my distant schooldays that calling black white and white black is the sin against the Holy Ghost. So watch out, Graeme!
I encourage everyone to attend the Council meeting on Monday to ask questions or, at least, be present to hear the responses to others' questions. I intend to analyze what sounds like double-speak from Best and Simpson in order to prepare my questions for both of them. I believe it's important that we probe their blithe statements that all is now well... thanks to them! I am aware that they know the vast majority of residents are not satisfied (to put it mildly) with their actions / decision / indecisions / lack of progress, etc etc throughout 2015. Yet they continue to bluster their way through by writing / employing others to write wonderful press releases and agenda items. I find this inappropriate and unacceptable.
ReplyDeleteIs it time to send in complaints about Best & Simpson to the Minister and to the DLGC in order to get something on record, even knowing nothing will be done about it??? Nothing much was done about the hundreds of complaints submitted since RH was CEO; yet at least they are on file. Best and Simpson may have convinced themselves that they have whitewashed our town and got away with it, yet I doubt they would be pleased to have formal complaints lodged against their substandard performance over the past 6 months.
At the same time, I highly recommend we commend our suspended Councillors to the Minister and the DLGC so they know how strongly we feel about their real contributions to our town. Jim and bloggers, can you guide us with addresses / emails and any further suggestions? The sooner we act on this, the better. It's imperative to York's future that Shire President Reid and Councillors Smythe and Wallace see their way clear of this uncalled for suspension and further mentoring (I'll have questions about that at the Council Meeting) in order to lead our town forward. They need to know how strongly we support them and anticipate their return ... and their REAL GOOD GOVERNANCE!!!
Are you sure that you guys are talking about York and not Serpentine Jarrahdale? If we didn't know better we would think that you have being peeking in on our shire's council meetings.
ReplyDeleteWe need to rid our shire of the SJ Heptad and the corruption they have brought.
SJEaE
We thought you'd been peeking into ours - then we remembered we don't have a council anymore, just a commissioner with tickets on himself and an expensive taste in suits.
DeleteHeard on the ABC this morning in a different context, a comment that might reflect what certain people hope would happen to the FitzGerald Report: "This [REPORT}] will self-destruct in 5 seconds". Yes, wouldn't they love that.
ReplyDeleteRegarding the sequence of events misrepresented in Item 9.5.1 set for Monday 22nd June, going back to the evidence put up by Anonymous19 June 2015 at 16:24:
ReplyDeleteSource References for the Ordinary Meeting minutes that cover Resolution 190414
http://www.york.wa.gov.au/Assets/Documents/Document-Centre/2014_Minutes/April_OrdinaryMeeting/Minutes-April-Ordinary-Council-Meeting.pdf
Source References for the immediately following Special Meeting minutes that cover Resolutions 240414 (SM) and 250414
http://www.york.wa.gov.au/Assets/Documents/Document-Centre/2014_Minutes/April_Special_14th/14-April-2014-Minutes-Special-Council-Meeting.pdf
The Letter of Resignation by former CEO Mr Ray Hooper was 15th April 2014, and was receipted that same day.
The Special Council Meeting of 16th April dealt with other matters, the decisions to hire Mr FitzGerald and why having been completed at the two meetings on 14th April
http://www.york.wa.gov.au/Assets/Documents/Document-Centre/2014_Minutes/April_Special_16th/16-April-2014-Special-Council-Meeting.pdf
The first attempt to bury the FitzGerald Report was on 25th July, in a room at the Council Admin Building, was an act of 3 Councillors (in the absence of the other three) taking it upon themselves, with A/CEO Keeble in tow. They also moved to attend a meeting that had already been teed up between our Shire President and the Minister for Local Govt the following Monday, 28th July at 2.30pm. Thus they 'gatecrashed by motion' that meeting, to push their 'crush the FitzGerald Report' distribution. Source: http://www.york.wa.gov.au/Assets/Documents/Document-Centre/2014_Minutes/July_Special/July-25-Special-Council-Minutes.pdf
Thanks to everyone who has clarified the sequence of events leading to the resignation of CEO Hooper and the suppression of the Fitz Gerald Report.
Delete