Friday, 30 October 2015

WHAT NOW FOR THE BLOG?

Vox populi, vox dei

People have asked me what will happen to the blog now that the shire elections are over. 

Will it continue in its present form or change direction?  Will it cease to exist altogether, or will it no longer be added to but left where it is as an historical curiosity for future generations to enjoy?

What adds point and poignancy to such questions is that most of York’s voters, in their bucolic wisdom, cast me unceremoniously on the dungheap of municipal history, presumably with the intention that I should lie there forever, broken, bleeding—and mute.

One middle-aged lady who shall remain nameless for the very good reason that I have no idea who she is said to me sneeringly, ‘See, you only got 270 votes’.  A couple of anonymous shire mathematicians plied me with calculations purporting to demonstrate that my share of possible votes was infinitesimally small.

It was decisively small, but not much smaller than that of the successful candidate who took the fifth place.  In fact, even the candidate who got the most votes cast received a very small proportion of possible votes, bearing in mind that the turnout was less than 30%.

Two things seem pretty obvious to me.  The first is that more than 70% of the electors have given up on democracy in York.  Who can blame them, after the events of the past year or so, including the comic opera reign of departmental stooge James Best and the hounding to resignation of an honest, popular and highly respected shire president, Matthew Reid. 

Secondly, we can congratulate ourselves on the confirmed presence in York of 270 highly intelligent electors. 

As a dyed-in-the-wool democrat, I subscribe unequivocally to the truth of Alcuin’s famous aphorism, quoted above, that ‘the voice of the people is the voice of God’.  I wish the new Council well, and look forward to reporting fairly and accurately in this blog on its deliberations and decisions.

Meanwhile, we had all better hope that God has something remarkable up his sleeve.

POSTSCRIPT:  Several anonymous individuals have demanded that the blog be closed. Their reasons for making that demand remain obscure.  I have yet to see a cogent argument, backed by evidence, to support the assertion some have made that the blog is ‘harming York’ and ‘causing distress to good people’. 

Most people in York are good people, and there is no cause for them to feel distressed by anything they read on the blog.

This blog has done nothing to harm York.  It has never bad-mouthed the shire and its people.  There is a distinction to be drawn between York on the one hand and the Shire of York, as a governing and administrative body, on the other. 

It’s true that the blog has from time to time commented unfavourably on the Shire of York, but on York—never.

Frankly, I suspect that much—I don’t say all—opposition to the blog comes from people who have something to fear either from revelations about past wrongdoing or from public concerns that many thousands of ratepayers’ dollars are being needlessly frittered away in spades on lawyers, consultants and the like. 

Let me make this clear—the blog will support the new Shire Council, not uncritically but always respectfully.  At the same time, I will encourage readers to comment on Council affairs and decisions and to debate relevant issues on the blog.   (See, for example, the debate currently in progress below on the Ashworth Road decision.)

I will happily publish comments, letters, even short articles from every side of an issue, so long as the authors refrain from obscenity and mere abuse of those who disagree with them.  The point is to restore the spirit of democracy as it relates to local government in York.


So for the time being at any rate, I will not be closing down the blog.  It still has work to do.



Sunday, 18 October 2015

POLL POSITIONS



Yesterday’s poll results:

                                    Votes                           Term (years)

Denese Smythe            544                                    4

Heather Saint               382                                    4

Pam Heaton                 381                                    4

Jane Ferro                   307                                    4                       

Trevor Randell            284                                    2

Patrick Flynn              276                                    N/A

James Plumridge        270                                    N/A

Tricia Walters            212                                    N/A

Robert Forster            208                                    N/A


Congratulations, ladies.  You will form a majority on the new council, even if the winner of the forthcoming by-election is a man.  Let’s hope that’s a harbinger of positive change.

Thanks to all those who voted for me:  I’m sorry I won’t be able to reward your confidence by arguing, as a councillor, the case for reform.

To the intellectually and morally inadequate individuals who have left offensive and sometimes obscene comments about me for the blog in the hope I will post them:  Stop wasting your time, folks. If you want to spread the love by having your comments published, post your real names with the comments so that everybody has a chance to see what worthless trolls you are.

To those who are wondering about some aspects of the election results: Never underestimate the power of a settled rural establishment.

Heaven and Earth are without exception merciless:
All things are meant for sacrifice, like straw dogs.

The Book of Tao, Ch. 5


Monday, 12 October 2015

MAJOR FRAUD IN A MINOR KEY?


What the Department knew and did nothing about—or, Probity Blues yet again

Last week there was great excitement in York when police from the Major Fraud Squad seized files alleged to contain evidence of corporate credit card fraud from the Shire of York’s offices in Joaquina Street.

At present, police are assessing evidence seized from the Shire.  No charges have yet been laid. 

It’s widely rumoured that the Major Fraud Squad may also be interested in other aspects of Shire finances, including the sale of the Old Convent some years ago to a colleague and friend of the CEO of the day. 

The story goes that the property was sold for considerably less than its market value, with the sale price based on a valuation several years old—not six months old or less, as the law requires.

The police might also consider aiming the spotlight at a more recent transfer of property initiated by former commissioner James Best. 

Personally, I think the motive for that transaction was vindictiveness, not corruption, but there are doubters in our midst whose misgivings should be assuaged for the sake of the innocent vendors whose only sin—venal, not cardinal—was to profit handsomely from the sale at the community’s expense.

Knowledge and awareness—philosophy 101

In the excitement of the moment, it was easy to overlook a rather odd statement issued by the Department of Local Government and Communities.

The Department told the media it had been made ‘aware’ of allegations concerning misuse of corporate credit cards ‘by documentation included in the response to the Show Cause notice issued last year’.

‘Aware’ is a funny old word.  ‘Being aware’ means much the same as ‘knowing’, but has a kind of airy connotation that puts what is known at arm’s length, virtually relieving the knower from responsibility arising from knowing it. 

‘We sort of kind of may have in effect got a sideways hint of it, but not to the point where we felt driven to do anything about it’—that’s what the word ‘aware’ is meant to convey in the department’s statement. 

‘That kind of thing just isn’t the kind of thing we’re supposed to take on.  Tell the cops about it.  They might be bothered.  We’re not.’

Less directly, the statement said that, too.

The truth is that the department was more, much more, than just ‘aware’.   The Shire’s response to the minister’s Show Cause notice contained specific and detailed allegations of misconduct including misuse of corporate credit cards by councillors and staff.

So why did the minister and his department decide to do nothing about those allegations at that time or since? Doesn’t financial misconduct in local government automatically draw forth the dragon Probity from its lair in Gordon Stephenson House? 

Isn’t there a probity wizard in the department whose job is to monitor probity and recommend intervention when probity isn’t maintained?  Isn’t his name (roll of drums) Brad Jolly?

Ah, but we’re forgetting…Mr. Jolly was busy, with other members of his coven, casting a nasty spell—ironically, in the name of probity— on the York Shire Council. 

This involved putting the elected council into a state of suspended animation for six months because the new shire president, Matthew Reid, had upset a couple of the minister’s political allies and a departmental favourite and was a mite too democratic in his approach to governing the shire.

That gave Mr. Jolly and the minister the chance to install their mate James Best, former mayor of South Perth, as ‘commissioner’ in York, with all the powers of an elected council. 

It would be his job to dispel complaints and allegations regarding credit card misuse, malicious prosecutions, persecuted dissidents, staff incompetence, patronage, nepotism and other varieties of foolish and corrupt conduct alleged against the Shire of York.   

Making such trivialities vanish into thin air would exonerate Mr. Jolly and his colleagues from the charge of having presided over ten years of neglect.

And while he was at it, for an extra $40,000 Mr. Best could run his ‘visioning’ program, wave his wand and make York and its inhabitants submissive and docile again. 

Why bother with probity, when you can have magic instead?

Monitoring and Mentoring

In its statement, the department mentions having established a ‘Monitoring and Mentoring Panel…to guide and assist the council to provide good governance for the community’.

The department has given us plenty of indications that its ideas about what constitutes good governance are a little on the hazy side.  I’m not sure about the mentors. 

The mentoring panel consists of a couple of departmental stalwarts—Jenni Law and Andrew Borrett—a CEO and a shire president from Morawa. 

As yet, I haven’t decided if the mentors are disinterested advisers, or departmental stooges tasked with indoctrinating councillors in the official view of how local government should work—the world according to Jennifer Mathews, Brad Jolly et. al., the wonderful people who brought you James Best and in consequence an unwanted debt of $625,000 and a record rate increase.

Next week, following the elections, York will have a new Council.  A majority of councillors will be new to the game.

May I respectfully suggest that the new Council instruct Acting CEO Simpson or whoever is doing his job these days to write to the ‘mentors’, copy to the minister, thanking them for their past services and advising them that their presence is no longer required in York.

Instead, councillors may, and in my view should, choose to undertake training of the kind provided to the last Council. 

The new Council has a right to make its own choices and learn from its mistakes.  It should not have to look over its shoulder every five minutes to find out what mentors think it should do or how they think the shire president should answer a question.   

Councillors will have access to the Local Government Act and Regulations.  Please read them, councillors.  Consult them as necessary.  Think for yourselves.  Don’t take anything you’re told as gospel.  As I’ve demonstrated in these pages more than once, what you’re told may not be accurate or true.

After six nightmarish months under James Best, we’re entitled to be sceptical of the department’s help and advice.  Not only did the department make it possible for the Shire of York to be well and truly screwed, it now refuses to accept blame or responsibility for the damage that was done or to offer anything by way of explanation, apology, expiation or reparation.  Despicable, wouldn’t you say?

Picking up on what David Taylor has written on the other blog, it would be a backward step for York if the mentors interfered in any way in the process of deciding who should or shouldn’t be our new shire president.  That’s a matter for Council alone to decide. 

On that issue, the mentors, the minister and the minister’s bureaucrats must be told to keep their hands well away from the control panel. 

And just so there’s no mistake, I give my word that if elected to Council I will not seek and would not accept nomination for the position of shire president.  That’s a job for a younger person. 

More than that, at this point in York’s history, it might well be a job for a woman—one with a clear and convincing vision for the future of our shire. 


POSTSCRIPT:  Mentors initially appointed were Karen Chappel, Morawa Shire President; Daniel Simms, CEO of Wanneroo City Council; and Jenni Law, a senior officer of the DLG.  Andrew Borrett stands in for Ms Law when she is unavailable or indisposed.

I think I must have prophetic powers.   It is now rumoured that Ms Chappel has encouraged one of the councillors currently in office to seek the shire presidency on the grounds that none of the new councillors ought to have it, presumably because they lack experience of how the department thinks things should be done.

I believe that rumour to be true.     

I wonder what the other sitting councillor, who has expressed a strong interest in the position, thinks of Ms Chappel’s alleged interference. 

For heaven’s sake, we haven’t even had the elections yet, and here we have one of the mentors—maybe acting for all of them—apparently trying to manipulate the choice of shire president.  What has led her to believe that her preferred candidate has the capacity to do the job?  What gives her confidence that other councillors will support that person's bid for office?

In saying this, I'm not passing judgement on the councillor in question, who may very well be the best person for the job.  It's the mentors that concern me.

I believe they gave Matthew a very hard time.  In my view they were there not so much to help him as to enforce upon him the importance of seeing things from a departmental perspective.  For all I know, that may be his view, too.

Essentially, the mentors are cat’s paws for Minister Simpson, or more correctly for Director-General Matthews and Brad Jolly, the real powers behind the ministerial throne.

Was Ms Chappel acting under instruction from on high? Or was she waltzing off on a frolic of her own?

Either way, her alleged interference might well lead to bitterness, conflict and friction at the very beginning of the new council’s existence and perhaps for some time into the future.

Please, mentors, leave the new council to sort out its own affairs.  How many other new and inexperienced shire councils are required to begin work under your kind of outside direction without having asked for it? 

Whoever the people of York vote for on Saturday, your names won’t be on the ballot paper, so what gives any of you the right to try to determine covertly who the next shire president might be? 
  
Written, authorised and published by James Plumridge, 14 Harriott Street, York





Monday, 5 October 2015

IMPORTANT NOTICE


SPECIAL COUNCIL MEETING

 5 PM TODAY 6 OCTOBER 2015

Lesser Hall 
 
PURPOSE OF THE MEETING  


1. To consider the actions recommended by Detective Sergeant Kearns Gangin, Major Fraud Squad Western Australian Police Force. 

2. To provide clear direction to the Acting CEO by way of Council resolutions to:
  • Request the Major Fraud Squad to investigate possible offences as discussed at the meeting of Council, and Acting CEO with Detective Sergeant Kearns Gangin and Detective SergeantStuart Mirfin, Major Fraud Squad Western Australian Police Force at 2.00pm Monday 5 October 2015.
  • Immediately provide a full copy of the Shire of York Response to the 'Show Cause' notice, as tabled at the Special Council Meeting 11 December 2014, to Detective Sergeant Kearns Gangin, Major Fraud Squad Western Australian Police Force. 
  • Immediately write to Detective Sergeant Kearns Gangin, Major Fraud Squad Western Australian Police Force, requesting that the Major Fraud Squad investigate possible offences.   

Graeme Simpson
ACTING CHIEF EXECUTIVE OFFICER               
Date: 6 October, 2015


NOTE:  At the OCM on 21 September 2015, Mr. Julian Krieg related that he had approached the Commissioner of Police regarding alleged financial illegalities connected with the administration of the Shire and referred to in the Shire’s response to the Minister’s ‘Show Cause’ Notice of December 2014. 


He cited in particular alleged misuse of credit cards, allowances and other benefits.  The Commissioner had asked him to provide evidence of criminal wrongdoing. 


Mr. Krieg stated that the Shire should forward evidence of such wrongdoing to the WA Police Major Fraud Squad.  The Shire President, for his part, reported that the present Council had done its best to investigate the practices mentioned by Mr. Krieg but that the Shire administration had thwarted its efforts at every turn. 

Actually, the Shire President didn’t specify the Shire administration as the villain of the piece.  He didn’t have to.  I don’t think anyone in the gallery was in any doubt regarding who might have been and still is to blame.
 


Another thing…I seem to remember the Shire President saying at the September meeting that according to the Department of Local Government he had no power to respond on the Shire’s behalf to the Police Commissioner’s request for evidence of criminality.

I may have got that wrong.  My notes are inconclusive.  But just in case I’ve got it right, let me counter the opinion thus attributed to the Department with this simple observation.

As a citizen, the Shire President (I'm now using the term generically, not with specific reference to Shire President Reid) has a moral responsibility to report criminal wrongdoing to the authorities, usually the police. 

As an elected public official, it is also his responsibility to ensure as best he can that the council over which he presides and its executive arm do not transgress the law.   If he believes, for example, that a member of the council or the administration has engaged in fraud or theft of municipal funds—in the latter case, I think the legal term is ‘stealing as a servant’—it is surely his right and duty to instruct the CEO to look for evidence to be passed on for investigation to the police.

But what if the CEO—being perhaps a culpable party, or from misplaced loyalty to other employees past and present—refuses to obey that instruction?

In that case, in accordance with section 5.92 of the Local Government Act 1995, I think it would be within the scope of his work as a councillor and especially as Shire President to insist on seeing relevant files and other records for himself. 

It would of course be wise for him to be accompanied by a police officer who could take those materials into custody for closer examination.

The Department makes a big issue of probity in local government, and rightly so.  It seems to have got the Lord Mayor of Perth, Lisa Scaffidi, bang to rights.  It did so thanks to the efforts of the CCC, the same CCC, I note with sadness, that turned up its nose at Council's request for an investigation into alleged corruption in York.

If the Department disagrees with my analysis, I should like to know how and why.  A different script might be nothing better than a rogues’ charter.

NEWSFLASH:  At today’s meeting, Council voted to instruct the Acting CEO as indicated by the wording of the agenda item cited above.  

During a mercifully brief Public Question Time, Darlene Barratt asked what would happen if the Acting CEO refused to carry out Council’s instruction.  The Shire President said that would be ‘a matter for the new Council’.

True to form, the Acting CEO seemed unruffled by Council’s decision.  Others looked less cheerful.

Don’t worry, we’ve got you, babe...


 *******
 
REMINDER

‘Meet the Candidates’ Evening

Organised and hosted by AVRA

Where:  Church of Christ, Avon Terrace

When:  7.00 pm Wednesday 7 October 2015

There are nine candidates for five vacancies.  The candidates are (in the order in which they will appear on the ballot paper):

HEATON, Pamela
SAINT, Heather
SMYTHE, Denese
RANDELL, Trevor
FORSTER, Robert
FERRO, Jane
FLYNN, Patrick
PLUMRIDGE, James
WALTERS, Tricia

You can read candidates’ profiles on the Shire of York website.

Written, authorised and published by James Plumridge, 14 Harriott Street, York 6302