One
mystery more or less solved—how much Commissioner Best was paid—and another
mystery that remains unsolved—WTF did he do to earn it?
You may recall that the minutes for 6 July 2015
contained an appendix A to item 9.2.1.
Titled ‘An Unsustainable Path – York Shire Council Heading for
Insolvency’, it cited the sum of $807,824 as having been incurred by the Shire
since March 2014.
Some of us have concluded that the author
of that appendix was none other than Commissioner Best, aided by Acting CEO
Graeme ‘They’re all exemplary employees’ Simpson.
Even a cursory analysis of the document
suggests that most of the sum in question would most probably have been
incurred and expended during the latter part of financial year 2014-15—that is,
during the calamitous reign of Commissioner Best.
I’m still reeling from the payment of
$33,000 to Professional Public Relations (PPR) for ‘Brand reputation management
and corporate communication’. What
will the tribe of unscrupulous corporate footpads think of next?
Governance
I published the appendix in this blog on 19
July. It’s still there for you to
read, if you enjoy the sensation of being amused and disgusted at the same
time.
My present concern is with the item headed
‘Governance’. This includes a
payment to the Commissioner of $51,000.
Later—I’m not quite sure when—this amount
was increased to $63,000. I can’t
remember what the additional $12,000 was for. Can anyone enlighten me?
But that’s not the whole story. At last Monday’s Council meeting, in a
rare moment of transparency, the Acting CEO told us that Mr. Best, in the guise
of his company BBC Consulting, was paid $39,000 for his ‘visioning’
program in addition to his fee as commissioner.
Pressed for further details, the Acting CEO
added that Minister Tony Simpson, when appointing Mr. Best, had authorised him
to conduct the program in York at the Shire’s expense.
I don’t know what possessed the Acting CEO
to say that. A reliable source
tells me it isn’t true. Apparently
Minister Simpson did nothing of the kind.
In that case, it would seem that Mr. Best took
it upon himself to inflict his ‘visioning program’ on the good folk of York.
If
not the Minister, who authorised the contract?
And this is where we dive into the
sewer. You see, somebody acting as
Council would have had to authorise the contract between BBC Consulting and the
Shire. The only person in a position to do that was—you’ve guessed it—James
Best.
Am I the only one to catch the mephitic
odour of an undeclared ‘financial interest’ here?
Hold on though—perhaps the interest was declared. Here’s a possible scenario.
Commissioner James Best decides to contract
BBC Consulting, proprietor James Best, to bestow upon the citizens of York the
civilising benefits of several sessions of ‘visioning’, maybe with a sprinkling
of ‘ideation’ and a ‘wordle’ or two to follow.
Commissioner Best then recollects that he
is in fact one and the same person as James Best, proprietor of BBC
Consulting. So he declares to
himself as Commissioner that he has a financial interest in the proceedings, disqualifies
himself from discussing and voting on the matter, then, as de jure Council of the day, authorises the transaction and directs
the Acting CEO to implement payment.
Ah, but somebody in the Shire administration
would have had to sign off on payment of the contract amount to James Best in
his capacity as consultant and proprietor of BBC Consulting.
Was that person Acting CEO Simpson? If not, who was it?
Questions
However this act of financial depredation was
accomplished, it raises the following questions:
1.
Was the appointment of BBC
Consulting authorised by Minister Simpson, as the Acting CEO has claimed?
2.
If so, precisely on what
legislative basis did the Minister act, bearing in mind that he would have been
effectively authorising Mr. Best to help himself to the Shire’s, i.e. our, financial resources?
3.
If so, did the Shire receive
written confirmation from the Minister’s office that the appointment had been
so authorised?
4.
Further, if so, will the Acting
CEO seek the Minister’s permission to table the relevant document?
5.
If Minister Simpson did not
authorise the appointment, what steps did the Acting CEO take to ensure that
payment to Mr. Best of $39,000 for his ‘visioning’ program was a legitimate use of
Shire funds?
6.
Was the transaction a budgeted
item? If not, would it not have had
to be approved by a majority of councillors and minuted accordingly?
7.
If the Minister did not
authorise the appointment, and the appointment was not budgeted, where in the
minutes are Mr. Best’s appointment of his company, i.e. himself, to run the
visioning program, and the payment to him of $39,000, recorded?
8.
How many ‘visioning’ sessions
were actually held?
9.
How many people attended each
one?
10.
How many were cancelled, or
postponed but never actually held?
11.
How many such sessions did
Commissioner Best arrange but fail to turn up for?
12.
Do Council and/or the Acting
CEO consider that the people of York got value for money from BBC Consulting?
13.
If not, what steps can and will
Council take to recover the sum expended, or part of it?
At a rough estimate, I would say that Mr.
Best’s part-time sojourn in York as Commissioner cost the York community at
least $103,000, made up as follows:
$51,000 for being our commissioner; $39,000 for his ‘visioning’ program;
and $13,000 for God knows what, unless it was the cost of meals, accommodation
and travel expenses, which I suspect was in fact an additional but so far unspecified
burden on the Shire.
And we shouldn’t forget the purchase of
Chalkies for $625,000, this time not for his own benefit (and certainly not for
ours!) but for that of his friends at Faversham House.
A little bird told me that Mr. Best has
been touting for consultancy work in other Wheatbelt towns, telling people
there what a wonderful job he did in York.
Frankly, I despair.
(Apologies to Gilbert and Sullivan)
Perhaps it’s time we put you out to grass.
From
the land where law is king
The rates are the true embodiment
Of everything that’s excellent.
Pay, peasants, or it’s off to court:
We’ll sell you up and sell you short.
(Apologies to Gilbert and Sullivan)
(click to enlarge)
The table above comes from the Sunday Times for 9 August 2015.
In the metropolitan area, people are
screaming because annual rates have risen by between 1.95% (Stirling) and 8%
(Victoria Park).
In the country, the range is 0.2%
(Ashburton) to 7.95% (Waroona).
Hold on—where’s the Shire of York, with its
fabulous 13% rise?
The Sunday
Times asked every local authority, including York, for information about
the rates set for the current financial year.
It appears that the Shire of York ignored
the request. No prizes for
guessing why.
Acting CEO Simpson, James Best and their 'exemplary employees' have made York a laughing stock (or as John Elkington might say, have 'diminished' and 'undermined' the Shire).
Acting CEO Simpson, James Best and their 'exemplary employees' have made York a laughing stock (or as John Elkington might say, have 'diminished' and 'undermined' the Shire).
Colin Barnett and Tony Simpson—over to you
(I’m joking, of course).
*******
‘Coup de grass’ (sorry, I couldn’t resist it)
Readers may remember that
on 7 June I posted former CEO Ray Hooper’s ringing endorsement of Green Planet
Grass, the firm that laid down artificial grass for the bowling greens at the
Recreation Centre.
I’ve since been told
that the same firm provided the grass for the tennis courts. The whole job would have cost tens of
thousands of dollars.
Imagine my surprise on
seeing the photographs below, taken this morning by a friend. Something appears to have gone badly
wrong with the surface of the courts.
My first thought was
that the job would have been carried out under warranty, so the Shire should
call on Green Planet Grass to repair the damage.
Well, as it turns out,
the Shire did exactly that.
But Green Planet Grass
has refused to honour the warranty—and rightly so, because, as the firm points
out, the courts haven’t been maintained.
Like real grass, you
can’t leave artificial grass to fend for itself. It has to be looked after, treated with tender loving care,
much like the real thing.
So—what went wrong?
It’s obvious that for
some reason, the Shire has fallen down on the job.
Though maybe not only
the Shire—some of the blame would have to be laid at the door of the Tennis
Club, if the club committee failed to give the Shire a nudge to get the job done.
And as Mr. Richard
Bliss recently reminded us in a famous letter to YDCM, the buck stops with the
boss.
Come on, Acting CEO
Simpson, tell us why you’ve allowed the tennis court surface to deteriorate in
this way and what you propose to do about it.
Perhaps it’s time we put you out to grass.
The York Consortium
and I welcome the advent of a new blog set up three weeks ago specifically, as
it says, to scrutinise the foolish, evasive, misleading and downright dishonest
answers, or failures to answer, issued at Council meetings by Acting CEO
Simpson (and occasionally other members of Shire staff) to questions on notice
and from the gallery.
Our blog, The REAL
Voice, is not connected with the new blog, ‘Shire of York Q & A’. Nor, I believe, is our friendly rival
‘The official unofficial site’ at http://shireofyork6302.blogspot.com.au/.
This is how the new
blog introduces itself and defines its purpose:
"It is
becoming increasingly obvious that Shire of York senior employees have
little or no aptitude when answering questions from members of the public.
This blog is dedicated to
some of those questions and ludicrous answers.
Any member of the public who
wishes to air a grievance in regard to this may do so on this blog.
Please send a copy of the
question and subsequent response by the Shire.
Any scans or images must be
in a JPEG format.
If you wish to remain
anonymous, or wish to redact addresses and telephone numbers, please do
so prior to forwarding any documents."
The new blog’s address is http://shireofyorkqanda.blogspot.com.au/. When we first read that address, we
assumed that the blog was initiated by the ABC’s chief resident leftie Tony Jones,
but he assures us he had nothing to do with it.
We exhort readers to follow the new blog
and feed it with relevant material.
The more the merrier, we say.
So $39,000 for a Visioning Programme we saw no results at all for! And if the A/CEO did not sign off on it and all the rest of the 'invisible' products (as well as the material but damaged one in the form of a building we don't want), it could only be The Triangle himself.
ReplyDeleteAs a result of your analysis, James, it has just occurred to me that The Triangle (I cannot say 'trinity' because it would be blasphemy), so to speak, of JB, BBC and Commissioner is a metaphysical 'given', by analogy — or at least that is probably his 'ideation'.
But on the other hand, if the Minister did give Mr Worst carte blanche (total power to do as he saw fit with the blank page of York Shire as though it were terra nullius), then total power is just that and he could, indeed, do anything he liked! Becoming The Triangle was a stroke of malevolent 'genie-ous'.
Answer to Question 6: He WAS the Council, so as the Majority he signed off on it himself, 'no worries'.
Questions 8-11: very few visioning sessions (most of them repetitions of the same stuff to several different groups, and not one of them a 'whole of town' one such as the series of four originally promised; plus some small 'advisory group' meetings from which the feedback summaries based on the brainstorming sessions (which is all they were) never eventuated; and the last two months's worth cancelled except for a couple of 'business' ones. When he started to come late, numbers dwindled to 2 or 3 and cancelled after we'd waited up to half an hour, and then 'poof!' it all went into thin air.
Stats on numbers attending would all be nice, but he might even have taken the 'evidence' with him.
If only we had the power to enforce an inquisition of The Triangle and his Messenger. Wouldn't it be nice if a higher authority recognised the truth and acknowledged it and conducted the desired 'inquisition'! We've already informed the Minister some of the facts, and IF he has taken any of it 'on board' he is not going to let on to us, is he? Instead, at every turn and in every case he has steadfastly responded with the words "it is inappropriate for me to intervene in this matter".
CAN the Council take steps at the 'grass roots' level on the above matters and your set of questions (sorry about the pun in the context of the second article), James?
ReplyDeleteYes, the Council can and should act. It should demand from the A/CEO a full explanation of what happened along the lines of the questions I have propounded above (and others that may not have occurred to me).
Then it should approach the Minister, remind him of his responsibility for appointing Best, and ask what he intends to do by way of reparation for the people of York.
If nothing useful comes from that, it should issue a media release on the topic.
I still think J B should be investigated and possibly charged for his alleged role in the purchase of Chalkies. But it's white collar crime, so it's a fair bet nothing will be done. If we were dealing with an indigenous kid accused of pinching a bar of chocolate from IGA, the authorities would be falling over themselves and each other to charge him.
First the Bowling Club with a sink hole, now the plastic lawn tennis club with a seriously dangerous surface and still no surfaced car park.
DeleteThe money for the car park probably got transferred over to paying Mr. Worst for all his ancillary companies.
If it rains just before Show time, we will have to wear gum boots so we can walk thru Slide Show Alley!
Perhaps now all those who believed the so called 'state of the art' recreation complex was such a brilliant idea will realise they were duped!
Promoting it as a convention centre is a joke!
Shame on the York councillors who pushed for the project, and shame on the Project Manager.
You need somebody qualified and highly trained to manage a project on that scale, somebody who has the wit to make sure, for example every contract goes to competitive tender and every job is advertised.
DeleteOtherwise, it's like putting a hospital cleaner in charge of the ICU.
Maybe Gail should go back to scrubbing toilets then?
DeleteDoes Gail have qualifications to be a cleaner?
DeleteIs it possible there may have been a trade off. PPR and Visioning deals for the DCEO's 5 year employment contract.
ReplyDeleteHas anyone worked out how much Mr Best's accommodation cost during his sojourn in York? He stayed at various establishments for the duration of his stay - were these costs in addition to the payments for his work as Commissioner and his extra curricular work as Consultant?
ReplyDeleteYou can find these payments in the Shire accounts as payments to, variously, The Grandhouse, The Nosh and Nod, etc etc.
The payments for accomm are detailed in the financials. You'd need to go through each month but they are there.
DeleteWould somebody like to search in the financials for this information, then either publish it as a comment on this blog or email it to me so I can publish it (duly attributed, if required) as part of my next Notes from Underground?
DeleteI'm not being lazy. Thanks to a courageous informant (whom obviously I can't name) I have hard documentary evidence of corruption involving Shire officers past and present, and including several councillors and a former CEO. Further, I have evidence that information regarding that corruption was delivered to the CCC but foolishly, against legal advice, returned to the Shire for investigation. This information related to offences against the CCC Act and the Criminal Code and were those of which Graeme Simpson and James Best stated publicly that councillors and staff had been exonerated. These offences have little or nothing to do with the Fitz Gerald Report.
There is a strong possibility that the so-called 'investigation' was a cover-up organised at a very high level for reasons that aren't yet entirely clear to me. It goes without saying that people who for any reason conceal corruption perpetrated by others make themselves complicit in that corruption and are in effect corrupt themselves.
It appears that Best and Simpson acted under instruction from above. Both have condemned themselves in Council minutes by answering questions untruthfully and in Best's case in his open letter to residents.
Now we know why Best was so determined on arriving here to suppress anything adversely critical of the Shire, especially allegations regarding corruption. It's what the minister and the DLGC told him to do. The irony is that we have had to pay for his lies and theirs.
Putting the case against the guilty is going to be hard work. I will be writing about other matters but exposing corruption in the Shire and elsewhere has huge ramifications and must take precedence over everything else. That's why I'll be grateful for some help obtaining important though less pressing information.
The documents are not in my possession. They are securely locked away in another town. I'm working from photocopies supplied to me piecemeal. In due course, I intend to post the most damning of them on the blog.
I want to make it clear that Shire President Reid and Crs Smythe and Wallace are not and have never been involved in this web of corruption. Nor is Cr Pat Hooper: like him or not, he's an honest man.
You're joking right? Pat Hooper cannot lie straight in bed! He may not have been involved in the corruption you're referring to but there are many forms of corruption. Is his analysis (minority report) a reflection of his honesty? C'mon James.
DeleteOK, Keep Calm and Blog, I was talking about money. As to the 'minority report', I've no idea what was in it, but I suspect he was complaining about being left out of the loop on some matter.
DeleteYes, there are many forms of corruption - the main ones relating to power, status, money and sex - and all I was saying is that there's no evidence available to me that Cr Hooper has been anything less than completely honest regarding money. You may be referring to something different, but whatever it may be I know nothing about it.
Please dont ever forget amongst other things he was the Shire President when Ray was fleecing us and when Kate Watts was fleecing us. You're right about one thing; we do not like him. He anything but honest.
Delete
ReplyDeleteThe way things are at present the CEO is working with the insurer and their lawyer in all matters concerning the Fitzgerlad report and related matters, although, that in itself is not an issue.
What cannot happen is that the CEO does not report upstream to the Council.
That is to say that the CEO needs to report or consult with his employer, being the Shire, in for instance conducting or settling any matter on behalf of the Shire.
The Shire would otherwise have no collective input on whether it wants to settle or dispute a potential claim that might arise from the Fitzgerald report or related matters. The CEO would be left to 'shoulder' the decision.
This would appear to go directly against the defined roles of the CEO under the Local Government Act, in particular the duty to implement Council decisions and to ensure that advice and information is made available to the Council so that an informed decision can be made.
The Shire is able to delegate power to the CEO and to discharge the CEO's duties. For this to occur, an absolute majority is required, unless the Minister gives approval under section 5.7(2) and the Act.
This brings forward the question as to whether the Shire is likely to vote on any delegation or discharge of the power that would see the CEO acting on the Shires behalf in relation to the Fitzgerald report or related matters.
Issues also exist in regards to the solicitors for the insurers avoiding conflict.
Solicitors nominated by an insurer owe a duty of care to both the insurer and the insured party.
However, there are often circumstances where the goals and best interests do not align with the insured party.
The Shire is the insured. The Shire needs to know what is going on. The CEO cannot and should not be isolated in dealing with the insurer.
The insure must act for the Shire as a whole. If there is an issue regarding the different ttypes of claims then this should be managed through different insurer firms and Shire protocols based on case-by-case basis, and not global basis.
Presently, the Council is totally out of the loop (at their own peril) and the administration is running the show (at our peril).
The fitz Gerald report is probably with my paper work sine die as Graeme Simpson just told me in a letter big words Graeme are you trying to study law. lol that man is a joke.
ReplyDeletecant wait for the next shire meeting........
Mr Simpson isn't the first Shire CEO to make the most of a rudimentary understanding of legal concepts.
ReplyDelete'Sine die' is Latin for 'without a day'. Lawyers use it to indicate that a court hearing is adjourned without a date being fixed for resuming it.
Is that how Graeme Simpson used it?
There is no court hearing and has never been one it was discontinued before it begun. Who knows what the hell Graeme Simpson's on or about the man is so incompetent it's not even amusing any more it's down rite sickening. I am not even sure Graeme knows what he said and writes .
ReplyDeleteReference the rate officer Ms King.
ReplyDeleteI share a mutual friend with Ms King, although Ms King is unaware the person is a mutual friend. During a conversation Ms King made it abundantly clear that the huge rate increase across the Shire was "Matthew Reid's fault".
Some people can't help themselves can they?
Just goes to show how well she understands finances and her job then dosent it? Stupid woman.
DeleteP well it came out at the last meeting that the council take direction from the staff and the staff do the calculations, so either Ms King is either on whatever Graeme Simpsons on or she is telling porkies.
ReplyDeleteIt came out at the last Council meeting the STAFF recommendations for the Rate increase was agreed to and signed off by Commissioner Best.
DeleteTime Ms King concentrated more on doing the job she is being paid to do and less time spreading false rumours.
I wondered where Pam got the endless supply of knives from - now I know.
ReplyDeleteWhy does the Tennis court (second photo) slope towards the centre net? Please, don't tell me it is for drainage. Tennis Courts are supposed to be perfectly flat.
ReplyDeleteIs it sinking liking the Bowling Greens?
Really? Locals who have been wronged or feel that they have been wronged, now feel it's ok to burn others at the stake? If there are issues with staff at SOY, then either formalise your complaints in writing to Matthew Reid or bring it up at a Council meeting, but don't get on here and talk about what a friend of a friend said or....didn't actually quite say in the way you may or may not have interpreted it... This Blog is losing credibility.
ReplyDeleteSorry, who's being burned at the stake?
DeleteThe problem with complaining in writing to the Shire President is that his 'mentors', the panjandrums at the DLGC and successive CEOs and Acting CEOs insist on the proposition that Council has no authority, direct or indirect, over staff, so there's nothing Council can do to assist a complainant by 'interfering' in staffing matters..
Allegedly, only the CEO has that power, and the CEOs we've had in recent years seem to believe their first duty is to the staff, not to Council and emphatically not to the citizens of York.
In my view, that proposition is based on a misreading of relevant legislation. At the moment I'm writing about it for the blog, not that the unpalatable truth will make an atom of difference.
I'm sorry you think this blog is losing credibility. I won't try to defend what I've written for it, but I must point out that with regard to comments I have a policy of giving people as much free rein as possible. I won't publish obscene contributions, so I just delete them, but in general I won't delete a comment merely on the grounds that it may cause offence to some poor soul. People are much too ready to take offence nowadays. I grew up in a much less namby-pamby world.
Anyway, I can't edit comments. Either I publish or I delete, there's no middle way. So I err on the side of freedom of expression, and always will. If that costs the blog credibility, so be it.
Anonymous30 August 2015 at 00:5.6: A Friend told me the tennis court were f****d, so I told a friend who told a friend who took photo and sent it in to the blog and hey presto its published and now everyone knows (which is exactly what the Shire doesn't want). Good job friends talk to friends and pass the information on. Obviously your hurting because you have either nothing to say or no friends or both.
DeleteAnonymous30 August 2015 at 00:56: All your comment has shown is how little you know about the problems and the ‘correct’ procedure for complaints about Staff.
DeleteCouncillors only employee is the CEO and the CEO is supposed to handle complaints about his/her Staff.
Anonymous30 August 2015 at 00:56 Didn't the Shire's shredder burn out, dispensing with complaints against the Staff?
DeleteRH took absolutely no notice of complaints lodged with him against HIS staff. The more complaints that landed on his desk the happier he was.
2.6 DESIGN GRADIENTS
ReplyDeleteThe recommended gradients for porous courts are between 1:200 & 1:250 preferably in two planes.
The recommended gradients for non-porous courts are between 1:100 & 1:120 preferably in two planes.
http://sportscontractors.com.au/fileadmin/filemount/technical/2014_tennis_court_constructions_guide_2014.pdf
Anonymous30 August 2015 at 01:02 -
DeleteGood, now someone who 'appears' to have a little knowledge about Tennis courts has come out from the shadows - can you tell us the regulations and safety standards of buckled turf?
Pam's disappeared from Facebook, I bet she wishes it was that easy to escape the blog. Never mind Pam, sooner or later one has to be accountable for ones actions.
ReplyDeleteThere's no escape from the blog. My spies and informants are everywhere. Perhaps that's why poor Richard Bliss, in his ill-fated letter to YDCM, told everyone to 'Beware Dr "call me Jim" Plumridge'. I'm York's answer to Rupert Murdoch, it seems, AND THE POWER IS GOING TO MY HEAD...
DeleteYou realize that as we speak, Pam will be with Gail the Shires Human Resources Officer, crying on its shoulder. There's a real likelihood that Gail will call for industrial action (again).
ReplyDeleteNow I feel terrible.
DeleteIs Gail still the Human Resource officer while she is A/DCEO?
DeleteIs Gail on leave?
ReplyDeleteI just saw her on u-tube having a great time.
Are you referring to 'I've got you, babe' starring Ms Maziuk and a disgraced former CEO?
DeleteSome rude person sent the link to me. It's highly amusing but I'm sorry to say in very poor taste.
The same person sent me the link to a youtube video of James Best singing 'I'm too sexy for my shirt'. I had no idea Mr Best is a talented songster as well as a planning, visioning and ideation genius. Instead of community visioning, he could have offered us open air concerts on the Rec Centre tennis courts
Bullshit, it's the funniest thing since the Hitler sketch.
DeleteJames, you left 'property sales person' off the list for James Best.
DeleteI thought the video clip of James Best was very funny BUT sexy NO WAY!
DeleteA member of a certain family who think they still own York told a certain Lady NOT to run for Council because 'they' did not want her.
ReplyDeleteGo on, Laurie, tell us - who are you talking about? No need to be coy.
DeleteThis comment has been removed by a blog administrator.
DeleteJames, you may well be justified naming/publishing the names of senior members of administration staff and maybe some junior members who have provably wronged others and who need to be held to account in some way or another. Like politicians, elected members are always fair game, as it should be in a moderately democratic system of government.
DeleteHowever, it is totally unacceptable that you publish the names of a members of the community who have allegedly asked someone not to stand for Council.
Did this person threaten or intimidate the prospective candidate, or was it a casual throw away comment? Regardless, you have no right publishing the names of people without first offering them a right of reply, your motives are questionable but not nearly as questionable as your commenter's.
Sorry, I invited Laurie's second comment but didn't take much notice when it arrived. I simply posted it. I did have a shrewd idea who the prospective candidate was, though.
DeleteMy motive in this instance was carelessness, not mischief or malice. I apologise to the gentleman named and have reluctantly deleted Laurie's second comment. If his name had been given in full, I would not have published the comment.
However, I have said more than once that I believe in giving my commentariat free rein in the cause of freedom of speech. This isn't the first time I've deleted material from this blog, and I don't suppose it'll be the last, and I absolutely hate doing it - but I agree that this time around I was silly to call for 'further and better particulars' as the lawyers say. Mea culpa, sed bonus dormitat Homerus (that's one for RB, who doesn't mind being named).