PLUS ÇA CHANGE… THE
SONG ENDED MORE THAN A CENTURY AGO, BUT THE MELODY LINGERS ON
Mayor
and Councillors accused of financial mismanagement and withholding from
ratepayers information about the state of York’s finances
From
the Beverley Times and Pingelly and
Brookton Gazette, Saturday 1 December 1906, p. 6
EX-TOWN CLERK OF YORK
George Arthur
Stevens, ex-town clerk of York, was arrested in Melbourne on Wednesday
on a charge of forging a cheque for £18 4s 1d. He left York in July last, and went to Hong Kong.
Telegrams received in Melbourne stated that he arrived by a Thursday Island mail
boat, and from his landing has been under surveillance. He will be kept in
custody until the warrant issued in Westem Australia arrives.
From the Beverley Times and
Pingelly and Brookton Gazette, Saturday 1 December 1906, p. 7:
York Ratepayers' Meeting.
EX-TOWN CLERK'S DEFALCATIONS.
REPORT OF SPECIAL AUDITORS.
The annual
meeting of York ratepayers, which was adjourned from
November
15 to November 22, caused a great amount of local interest and excitement, and
by 8 p.m. the Council Chambers was packed, and a large number of ratepayers had
to be content with positions at the windows.
The meeting was adjourned previously
to enable the balance-sheet to be printed and laid on the table. Cr. Neville,
the acting chairman, presided.
From the outset, more than ordinary
feeling was manifested, through an idea that the councillors were keeping back
information regarding the defalcations of the late town clerk.
Mr. H. H. Roche, J.P questioned a number
of items on the balance-sheet, some relating to construction, and others in
relation to various works in the municipality, which were charged under a wrong
heading. The Acting
Mayor, replying to most of the criticisms,
stated that owing to the bad
state of the books, it was
impossible to give a lucid explanation.
The gross receipts for the year ended
October 31, 1906, showed a revenue of £2,717.
The suspense account for the defalcations
of the late town clerk (G. A.
Stevens) amounted to £538 6s 7d, to which had to be added the sum of £58 for the secretary's defalcations on the local Board of Health
account, making a total deficiency of £586,
caused by the late town clerk.
The special auditors (Messrs. O. L. Haynes
and Co, of Perth) presented a very voluminous report, covering the years 1903, 1904,
1905, and 1906. The report showed a general indictment of the whole Council,
Mayors, councillors, town clerk, and auditors coming in for some very scathing
criticisms.
Had ordinary business methods been adopted,
it stated, the defalcations would not have been possible. Duplicate receipt
books were shown to have been used, roads boards funds were used for the
purpose of making good shortages in the Council, and various other methods of
hoodwinking the auditors were adopted.
The report, which created quite a sensation,
was followed by a motion by
Mr. H. H. Roche, seconded by Mr. C.T.
Pyke—"That as a consequence of the want of care by the Mayor and councillors,
whereby the defalcations shown on the certified statement as printed became
possible, this meeting of ratepayers calls upon the Mayor and councillors to
make restitution to the funds of the York municipality of the amounts shewn on
the said statement as defalcations, under the heading of
suspense account."
A lot of discussion took place, and some
serious charges were made and
refuted.
Upon a vote being taken the Mayor declared
the motion lost. Another motion was moved by Mr. Roche—"That the
councillors be asked to resign," but this lapsed for want of a seconder.
The Mayor, previous to the vote being taken on the first motion, informed the
meeting that it would be of no effect, even if carried.
An expression of opinion was taken by
the Mayor as to whether distress
warrants should be issued against
certain defaulting ratepayers, and it was eventually decided upon a motion by Mr.
Roche, to compel all defaulting rate payers to pay arrears of rates.
The meeting closed at about 11 p.m.,
and was unique to York annals, as on other occasions it is difficult to get a sufficient
number of ratepayers to take any interest in Council’s proceedings.
From the Northam Advertiser Saturday 29 December 1906,
p. 2:
A Town Clerk in Trouble
York, Friday
G. A. Stevens, ex-Town Clerk of York, who, it will be
remembered, absconded from York some months ago and went to China, and who
afterwards surrendered himself to the Melbourne Police, was charged at the York
Police Court this morning on four separate counts of forgery, the amounts being
£18/4/1,
£5, £18/4/1 and £1/4/1.
The
accused, who was remanded from Perth on the previous day, where he appeared on
extradition warrant, made no statement.
He was remanded for 8 days, and applied for bail, which was refused.
[Does anyone know
what happened to Mr. Stevens? Was
he convicted? Did he spend time
immured in the ghastly confines of Fremantle Prison? If so, how long was his sentence, and where did he go after
being released?]
|
Fremantle Prison c. 1900 |
…PLUS C’EST LA MÊME CHOSE—A FAIR COP FOR
THE SHIRE OF DOWERIN
From Communitynews.com.au, Thursday 12 April 2016:
Dacre Alcock, former Shire of Dowerin chief,
pleads guilty to stealing charges
Lynn Grierson | Tuesday 12 April 2016, 9:30 AM | Hills Gazette
FORMER Shire of Dowerin
chief executive officer Dacre Alcock pleaded guilty yesterday to four separate
charges of stealing as a public servant following an investigation by the
Corruption and Crime Commission (CCC).
The CCC uncovered 665
instances of theft totalling almost $600,000 from the Shire over four years,
from October 2011 to October 2015.
Investigators found Alcock
used several methods to steal from his employer, including the use of a
Shire-issued purchasing card to deposit money into personal online betting
accounts and EFT transfers from the Shire's Municipal Fund or Trust Fund
accounts to his personal bank accounts.
The CCC said its investigation
highlighted the importance of the watchdog's role in prosecuting serious
misconduct and reinforced the need for vigilance at all levels of public
service.
|
Dacre Alcock, disgraced former CEO, Shire of Dowerin,
in happier days when he had something to grin about |
AND NOW
FOR SOMETHING COMPLETELY DIFFERENT—LAWYERS ADVISE YORK SHIRE COUNCIL TO SUPPRESS
MAJOR FRAUD SQUAD REPORT
By James Plumridge, celebrated public nuisance and
noted friend of irony
The REAL
Voice of York, Sunday 17 April 2016
On 6 October last year, after years of community
disquiet about alleged mismanagement and corruption in the management of Shire
finances, the newly elected York Shire Council voted to ask the Major Fraud
Squad of the WA Police ‘to investigate possible offences’.
For the purposes of that investigation, the Shire turned
over to the Squad a copy of its Response to Local Government Minister Tony
Simpson’s Show Cause Notice. That
Notice was issued late in 2014 as prelude to the suspension of the previous
council.
The Shire also handed over numerous files—or maybe
what was left of them after vigorous shredding—to the Squad’s Detective
Sergeant Kearns Gangin.
The Shire has since received a police report that
issues raised in the material provided to police ‘do not reveal evidence that would justify a police
investigation’. (Here and
henceforward, all quotes come from the agenda for tomorrow’s Ordinary Council
Meeting.)
Quite a few of us have had access to Shire documents
that render that conclusion surprising.
A friend of mine has a stack of them stored in a secret vault guarded by
a ferocious Scottish terrier.
In fact, lurid versions of some of the evidence
submitted to the Major Fraud Squad were displayed in the windows of a property
on Avon Terrace, for the world, his wife and his dog to see and sorrow over.
Explanations
So what’s the explanation? Why did the Major Fraud Squad’s investigation, which wasn’t
really an investigation, find nothing worth investigating?
Let me explain.
The explanation is—wait for it—that there are explanations.
More precisely, ‘The matters [raised] are either
governance, accounting or record-keeping issues for which there are
explanations…what is or is not reasonable or justifiable expenditure of Shire
funds or use of Shire resources is a matter for the Shire’.
Between
the lines
Time, I think, to read between the lines, which if
the Shire has its wicked way with the police report is all we shall ever be
able to do.
The Major Fraud Squad has not given the Shire in its previous incarnations a clean bill of
health. It found ‘issues’, which
is simply another way of saying that not every aspect of Shire business—for
example, use of a corporate credit or ‘purchasing’ card—was carried out as it
should have been.
Unfortunately, those of us who suspected as much, and
got cross about it, made a serious category mistake as philosophers might say. We thought that crimes had been
perpetrated.
We were wrong.
What we thought might have been crimes were nothing of the
kind. They were only ‘issues’, or
as we might prefer to call them, ‘anomalies’ in the accounts.
Then who was responsible for those issues or
anomalies? Was it a former CEO,
assisted by other employees of the Shire?
After all, isn’t a shire CEO charged with making sure
the Shire’s business is conducted in a manner that is legally above board,
honest, open and accountable—in short, squeaky clean?
Isn’t a shire CEO required by the Local Government
Act to give legal advice to the council to help it stay on the straight and
narrow?
Well, yes—but only up to a point.
Governance
Brace yourselves, people. The issues the police found were essentially ‘governance’
issues, even the ones classified as ‘accounting or record-keeping’, which on
the face of it seem administrative.
It’s the elected Council—or more correctly its predecessors—that must be
held at fault.
That’s because the York Shire Council, as governing
body, had oversight of the totality of the Shire’s affairs. Its job was to review
and authorise everything done in the Shire’s name, including and especially how
and for what reason Shire funds were being spent.
And it stuffed up, time and again, with the
inevitable result that when nemesis came knocking at the door, a certain former
CEO and his acolytes unjustly copped interminable flak from suspicious and
angry ratepayers.
How unfair was that? Why should Shire employees take the blame for questionable
expenditure, when the Council chose to approve it and successive shire
presidents shouted down the foolish peasants, a.k.a. ratepayers, who dared to
raise objections during public question time?
Shame, fellow ratepayers, shame. Sackcloth and ashes all round, and compulsory
public flagellation, except of course for those who would enjoy it.
Legal
advice
Now we arrive at the nub and nitty-gritty of this dolorous
dissertation.
Sadly, we forelock tuggers will never clap eyes on the
police report, or even gain a clear idea of what’s in it —that is, if Council
accepts and acts upon the recommendation of Acting CEO Mark Dacombe.
His recommendation, let it be stressed, is based on
advice from the Shire’s lawyers, that the report should never be released for
public scrutiny.
Now, I’m a sincere fan of Acting CEO Dacombe. (I’m going to call him Mark from now
on. I hope he doesn’t mind.) He’s a good man. He’s worked hard and successfully to
turn the Shire around. Compared
with previous incumbents of his office, he shines ‘like a good deed in a naughty
world’ (Shakespeare, Merchant of Venice, Act V sc. 1, in case
you were wondering, and yes, Richard, I’m showing off again).
The Shire was fortunate indeed to secure his
services. I for one will be sorry
to see him go, and in saying that I mean no disrespect to his anointed
successor.
But I can’t agree with his recommendation. Apart from other considerations, he
wouldn’t expect me to agree, and would probably be disappointed if I did. He’d
think he’d gone wrong somewhere.
|
A/CEO Mark Dacombe, MPM |
Reasons
Let’s take a look at Mark's reasons for making that
recommendation.
He mentions (in bold type) that the police report is
‘confidential’. Sorry, Mark, but
that weighs lightly in the balance against the public’s right to be informed.
He says the matters raised in the report are
‘historical’. Now where has that
word turned up before? Ah yes, in
David Morris’s advice to Minister Simpson that he shouldn’t concern himself
with ‘historical’ issues in York because the Department couldn’t give the
proverbial act of aeronautical sexual congress about them.
Why shouldn’t we be told about historical issues? Anything that happens becomes
historical the moment it goes on record.
That doesn’t mean it ceases to be relevant or important.
It’s right that we should focus mainly on the present
and future, but not at the cost of ignoring the past. History, personal as well as political, tells us that those
who ignore past mistakes are in serious danger of repeating them.
Mark says, if I understand him correctly, that things
are much better at the Shire now than in the bad old days when the historical
issues raised in the police report arose.
I believe him. I believe
that he—together with Dr Gael Ferguson, who has written a new set of policies
for the Shire—can take much of the credit for that improvement.
But again, that does not outweigh our right as
residents and ratepayers to know about past wrongdoing, criminal or not. We elect the Council. We need to know exactly what was amiss.
The
clincher, in Mark’s eyes, appears to be legal advice the Shire has received
that the Major Fraud Squad’s report ‘should never be released’ because ‘it is
couched in such a way that individuals are easily identified and this would not
be appropriate’.
There you go, that weasel word ‘appropriate’, the
verbal cancer that obscures a multitude of bureaucratic abuses. Why isn’t it ‘appropriate’ that people
who’ve done the wrong thing by their fellow citizens should be identified? Why should they escape ‘appropriate’
calumny and scorn?
Well, in this case, we don’t need to be told who
those people are. There’s no cause
to have them identified. We know
who they are, and perhaps more to the point, so do they.
We also know that two current councillors were
members of previous councils, and may have been—I don’t say they were—in
varying degrees complicit in the financial mismanagement and negligence of former days. Not identifying those really responsible
could be a tad unfair to them.
But what we residents and ratepayers really need to
know isn’t ‘whodunnit’, but what was done, how it was done, and why. That’s so we can keep a sharp eye open
for evidence of future misfeasance, while knowing what to look for.
A modest proposal
The Shire Council and administration, like other
governments and bureaucracies at all levels, shouldn’t expect to be trusted
just because they say they’re trustworthy, especially in this brave new world
of social media.
So, Mark, might I be cheeky and suggest an amendment
to your advice? What about adding
an injunction to the new CEO to prepare a statement for public consumption detailing
what ‘issues’ were identified by the Major Fraud Squad—but without mentioning
names or otherwise giving the guilty parties away?
Perhaps one of our councillors might like to put up a
motion to that effect.
Yes, preparing such a statement might not be easy,
but please don’t tell me it’s too difficult a task for an intelligent person to
accomplish.
In the spirit of the Plumridge family motto, ‘Prest d’accomplir’, which is Old French
for ‘Ready to do the job’, I’d be only too happy to help. Now, about my fee…
REMINDER TO COUNCILLORS
The letter displayed below featured
on the other blog many months ago.
I’ve posted it here as a reminder—I trust, superfluous—to our councillors
of why they were elected and what residents and ratepayers expect of them.
Before arriving in York in 2004, Ray
Hooper was for several years CEO of the Shire of Chittering. As a councillor, Anthony Cockburn, the
letter’s author, would have known him well. I surmise from his letter that Dr Robert Smillie’s
recommendation of 1999, quoted in bold type, wasn’t implemented while Mr.
Hooper was the Shire of Chittering’s CEO.
(Click to enlarge)