Thursday, 11 August 2016

LESSONS FROM DOWERIN


Why the CCC investigated Dowerin’s financial anomalies, but seems not to have given a stuff about York’s

Readers who don’t have the good fortune to reside in Western Australia’s beautiful Wheatbelt region may never have heard of Dowerin. 

Indeed, there are probably more than a few West Australians who, even if they have heard of Dowerin, would have trouble trying to find it on a map.

So I’ll begin with a handful of geographical, demographic and political facts about the town and shire.

Dowerin—which styles itself  ‘The Home of Field Days’, in honour of its annual agricultural show—is a small town situated in the Central Wheatbelt about 165 kms north east of Perth, and 101 kms northwards from York. 

Its local government, the Shire of Dowerin, serves a population of fewer than 700 people—683, according to the government website My Council—most of them living in the town.  As in other Wheatbelt shires, the population of Dowerin appears to be aging and declining. 

The Shire Council consists of eight councillors representing three wards—four for the Town Ward, and two each for the rural North and South Wards.  The current Shire President is Mr. Dale Metcalf.  His deputy is Mr. Graham Ralph.

Crime and punishment

Now, to our story: in April of this year, Mr. Dacre Alcock, who served as the Shire of Dowerin’s Chief Executive Officer from 2008 to 2015, appeared in court on charges of stealing as a servant. 

We’re not talking peanuts here.  It wasn’t just a matter of paperclips, biros and a ream of A4 paper.

The Corruption and Crime Commission (CCC) prosecuted Mr. Alcock for stealing $599,879.92 from the Shire.  He pleaded guilty to 665 separate acts of theft, occurring over a period of four years from mid-October 2011 to late in October 2015.

Rounding the figures, you might say that Mr. Alcock stole roughly $880 from each man, woman and child resident in Dowerin.

He did so mainly by using the Shire’s credit card to feed an online gambling habit.  He also transferred money from Shire bank accounts into his own.

Mr. Alcock wouldn’t have been the first paid official of a country shire to filch from municipal funds.  I doubt he will be the last.

But he must surely rank among the boldest and most avaricious.

Following Mr. Alcock’s conviction, a spokeswoman for the CCC stressed the importance of the commission’s role in pursuing and prosecuting crimes like his.

What happened in Dowerin, she said, ‘reinforces the need for vigilance at all levels of public service’.

Amen to that.

Mr. Alcock is due to appear for sentencing in the District Court at the end of next month.  Under Section 378 of the WA Criminal Code, the offence to which he has pleaded guilty carries a sentence of up to ten years in the slammer. 

As  (presumably) a first offender, he won’t get ten years, but he’s unlikely to avoid a custodial sentence.  Most probably, he will get between two and five years and may only have to serve two-thirds of his sentence, whatever it is, if he behaves himself while in prison.

An inquest

A couple of weeks ago, on 28 July, the CCC held in Dowerin what might be regarded as an inquest into Mr. Alcock’s crimes.  How did they happen, and how did he get away with it for so long?

I read somewhere that during his period of office, no fewer than seven audits of Shire finances took place.  It’s astonishing that only one—no doubt the last—revealed the awful truth. 

Perhaps that was a forensic audit, commissioned to investigate anomalies in the accounts.

Here are some of the CCC’s findings, as reported in the West Australian on 29 July.

According to Shire President Metcalf, Council trusted Mr. Alcock to provide the council with correct information.  The council did not have a policy requiring independent review of credit card expenditure.

Nothing happened to arouse Mr. Metcalf’s suspicions.  There was, he said, no way for the council to detect fraud committed by its most senior employee.

(But somebody must have found out what CEO Alcock was up to.  Otherwise, he would still be energetically helping himself to the Shire’s money.  I understand it was Deputy Shire President Ralph who dobbed Mr. Alcock in to the CCC.)

The Shire’s finance manager, Sonia King, said Mr. Alcock did not provide her with his credit card statements.  She described him as ‘controlling, intimidating and aggressive’ and as someone who didn’t like being asked too many questions.

Ms King related that Mr. Alcock ‘often spoke about which horses he had bet on at morning tea’, and that on one occasion she had caught him ‘watching a race when he was pretending to work at his desk’.

I’m surprised that Mr. Alcock’s aggressive behaviour, as reported by Ms King, didn’t long ago set off alarm bells for councillors, other employees, and members of the public, as one might expect in Dowerin’s small and close-knit community.  

I suppose it’s a tribute to Mr. Alcock’s capacity for intimidation as well as deception that nobody seems to have dared to gossip about his nasty temper outbursts and dubious financial activities as CEO.

Unfortunately for the good folk of Dowerin, there’s not much chance that they will see much if any of the stolen money returned to the shire.  Most of it was devoured by online betting agencies.  

Those agencies are under no legal compulsion to repay it.

Ironically, the CCC’s ‘inquest’ was held in the Dowerin Community Centre, a building that, as the West Australian report tells us, Mr. Alcock ‘pushed for and helped bring to fruition’.

Parallels

York readers might have observed some interesting parallels between what happened in Dowerin and ‘historical issues’ that have arisen in York. 

I’m not going to spell them out here.  The issues concerned have been canvassed endlessly over a couple of years on this and the other blog.

What I will say, while crossing my fingers, is that on present showing nothing like what happened in Dowerin is going to happen from now on in York. 

Helped and encouraged by former Acting CEO Dacombe and Dr Gael Ferguson, the Shire has adopted a sensible and comprehensive set of policies to ensure York’s finances remain safe in future from the predatory attentions of rogue employees.

Details of corporate credit card expenditure are no longer concealed from public view, as they were for several years after a former CEO took umbrage because local busybodies started to question how the card was being used.

If Council can bring itself to keep strictly to the policies it has adopted—and I’m sure we agree that a question mark now hangs over that proposition—our Shire’s money should be safe for many years to come.

Lessons for York

The lessons York now needs to learn from Dowerin relate not to future regulation of Shire finances but to the historical issues I mentioned earlier. 

They can be summed up in a single question: Why did the CCC exert itself so vigorously to investigate anomalies in Dowerin’s finances, but didn’t give the proverbial nanosecond of high altitude intimacy for what was alleged to have happened in York?

Those allegations have failed to provoke much interest, let alone investigative action, on the part of three major government agencies: the Department of Local Government and Communities (DLGC), the CCC and the WA Police Fraud Squad.

Never mind the DLGC bureaucrats and their doltish minister.  They had friends to protect, reputations to lose and nothing to gain from the truth coming out, and have done their level best to keep it hidden.  

As for the police, they must have realised from the moment they opened York’s files that this wasn’t a case for them but for the CCC. 

They rejected the Shire’s request for an investigation with the explanation—I should say ‘apparent explanation’, because we’re not allowed to read the letter that contained it—that although they had found ‘issues’ in the financials, they were governance issues and therefore not suited to a police investigation.

What they seem to have been saying is that because councils of the day approved the suspect expenditure, there was nothing police could do that would result in a successful prosecution.

With all due respect to our illustrious constabulary, I think that was for the most part an excuse to brush off our complaint.  After all, it’s the job of the CCC to investigate allegations of corruption at all levels of public service—isn’t it?

Perhaps the Fraud Squad pointed that out in its ‘confidential’ letter to the Shire of York.  Since the Shire has no intention of releasing the letter for public scrutiny, or even telling us what ‘governance issues’ the Fraud Squad identified, we’ll probably never know. 

It’s possible that the Fraud Squad’s conclusion may have been arrived at with the assistance of the Sage of Alexander Heights and his disgraced ‘acolytes’ in York.

Governance issues in Dowerin

At this point, I should acknowledge that there is a profound difference between what happened to Dowerin’s complaint and what befell York’s.

So far as I know, in Dowerin’s case the police weren’t involved.  The complaint went straight to the CCC.

Moreover, if Mr. Alcock declined to present his credit card statements to Council, it must follow that Council had no opportunity to approve them.  That is certainly different from what happened here in York. 

As for governance issues, I daresay they must have played some part in facilitating CEO Alcock’s defalcations from municipal funds.

The Dowerin Shire Council had neglected to adopt an effective credit card policy.  Surely that was a governance issue?

It may also be counted a governance issue that for several years nobody on council took the trouble to examine the Shire’s financial statements closely enough to detect that something didn’t add up. 

(Mind you, who can blame the councillors for not seeing what their auditors failed to see—not once, but half a dozen times.)

The Dowerin Council must have known that their CEO had the use of a credit card.   They may even have known that he was refusing to provide credit card statements to the Shire’s finance manager. 

If so, why did they ignore what was obviously a serious problem for the Shire?   Wasn’t that a governance issue too?

Quite rightly, in my opinion, the CCC doesn’t seem to have been worried about any of that.  They directed their energies to sorting out Mr. Alcock, and got him bang to rights.

Why the CCC turned York down—if indeed they were told of our problems, which is open to doubt

York readers will remember that not long before he rode off unlamented into the sunset last year, the Shire’s former commissioner James Best claimed to have investigated various ‘historical issues’ in York on behalf of the CCC.

He said he had found no evidence of wrongdoing.  The truth is that he wasn’t looking for it, and if he had found it, would in all probability have kept that under his hat.

Mr. Best wasn’t appointed as York’s commissioner to clear up the mess created by the Shire and previous councils.  His brief was to hose down dissent.  Instead, he managed to stir up more.

The story Mr. Best put about was that he and Acting CEO Simpson had sent material to the CCC for investigation, but the CCC had returned the material for them to investigate.  I have no idea if that was true.

Which brings me back to the question I asked earlier:  Why did the CCC dismiss York’s plea for help but react vigorously and effectively to Dowerin’s?  (I’m assuming that the Shire of York did in fact contact the CCC.)

Here’s my hypothesis. 

Community leaders in Dowerin had nothing to hide.  As soon as they had worked out that something was amiss in the conduct of their CEO, they wanted something done about it and reported the matter to the CCC.

York, on the other hand, is a town of secrets with shadowy figures pulling strings from behind the scenes.  It has influential citizens who have nothing to gain and much to lose if truth is told and justice takes its course.

There is little or no appetite on Council and in some sections of the community for investigation of past misdeeds. 

Every time somebody politely suggests that the Shire’s ‘historical issues’ should be properly dealt with, up goes the moronic cry: ‘Never mind the past!  Move on! Let’s move forward!’

No prizes for guessing who they are who shout that the loudest, and why.

I believe there are good reasons for not ignoring the past.  I’m going to nominate three matters that the Shire should send, or send back, to the CCC for investigation.

Those matters are the use of the Shire credit card from 2008 to 2013; the sale of the Old Convent at an advantageous price and on advantageous conditions to a colleague of a former CEO; and the purchase last year of the Old Convent School, in apparent contravention of Section 83 of the WA Criminal Code.

Each of those cases raises serious questions of probity that remain unresolved.  In each case, it is possible (in the last one, certain) that the Shire of York suffered a significant degree of financial harm.

It would be a miracle if Council decided to act as I’ve suggested, but I’m off now to light a candle to St Jude.



24 comments:

  1. Message to Shire President Wallace - what do we have to do to convince you to do the right thing for the people of York?

    Bring in independent auditors and the CCC.

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  2. Anonymous11 August 2016 at 18:17, that's rather killed it dead!
    Why do you suggest that independent auditors are brought in and what makes you think the CCC will be interested second time around?
    Which part of James's synopsis has convinced you that the matter needs to be looked at again?
    As for your rhetorical question, firstly, you need to come up with some evidence rather than idle gossip, secondly, you need to convince Council that it is in the public interest to pursue the matter.
    If you manage to do both of these I see no reason why the CCC will not take an interest in the matter. So instead of expecting everyone else to run around, why don't you do something?

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    1. Anonymous11 August 2016 at 22:41 - the CCC may have reached a different conclusion had they not been given a filtered version of information. Ex members of the senior staff were experts at hiding documents.

      We should not have to convince council it is in the best interest of the community to pursue the matter. The majority of current councillors lack the courage, in case they upset their mates who helped them onto council.

      I recall Ms Ferro being very vocal at public meetings about a number of issues to do with the previous council and administration, but that was before she conned people to vote for her.

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  3. Anonymous 11 August 2016 at 22:41 I agree. FFS there's no evidence. It was poor governence. How many times really?

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    1. Sorry, but I have to disagree. In every case cited, there is evidence amounting to a good deal more than idle gossip. Regarding the Old Convent, complainants made the mistake of focusing on the outcome ('where did the money go') instead of the process ('why was it sold for considerably less than its market value to a friend and former colleague of the CEO, with the latter handling the sale using a valuation issued several years before when the law says no more than 6 months').

      As for the credit card, I have seen quite a bit of the evidence and find it convincing.

      As for the purchase of Chalkies...I wrote about that last year, including an open letter to that halfwit Minister Simpson. All the correspondence is on the blog.

      I don't believe James Best did the right thing by York in his dealings with the CCC. If I may be permitted a moment of idle speculation, it's possible there may have been a bit of departmental interference, but that's an inference, not a fact.

      When bureaucrats say 'not in the public interest', they almost invariably mean 'there are reputations to be protected and embarrassment of important people to be avoided'. Try not to be conned.

      If everything is down to 'governance issues', why can't we be told what were those issues, how they arose and who was or were responsible for them?

      The entire business is no better than a scam. The system is artfully weighted against everyday folk, among whom I am proud to include myself.

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    2. Altruist 12 August 02:53, you're missing the point. Its irrefutable that corruption, misconduct and theft took place in the Shire of York administration department, however, this was effectively sanctioned monthly by Council, three incumbent Councillors did the sanctioning for a good portion of the time the corrupt activity was taking place.

      It is precisely for the reason - that the 'corrupt' actions of the administration department were retrospectively approved by Council every month, why the police stated in their report that it was a 'governance' issue.

      The whole point of the Corruption and Crime Commission is to investigate white collar crime (governance issues), the police are hopelessly ill equipped to deal with Local Government corruption.

      For a start, each agency uses different legislation, the police rarely stray from the Criminal Code Act, whereas the CCC has its own legislation; The Corruption, Crime and Misconduct Act 2003, which is specifically tailored to cater for the perversions of the Alcock's and Hooper's of the state.

      The point I was making to Anonymous 11 August 2016 at 18:17 was - it needs to be spelt out to Councillors, the Councillors then need to make their own minds up, and there is the predicament, self preservation and external influence!

      I agree with you James, the purchase of Chalkies needs to be fully investigated, in fact, the actions of James Best while Commissioner need to be fully investigated, his self awarded highly lucrative 'visioning' contract would be a good a start, then the slapdash nonexistent internal investigation he was instructed to carry out but didn't because he was too busy fleecing us.

      Lastly, I whole heartedly agree with you on 'the public interest', it is not in the public's interest to know what a bunch of incompetent corrupt morons we employ to steal from us, then, employ the same incompetent corrupt morons to investigate themselves.

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    3. So let's spend more money on solicitors, consultants, auditors etc preparing a case for the CCC to tell us what we already suspect.

      And let's do it just beore all the fresh new staff begin work.

      Good stuff.

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    4. You're assuming such expenditure would be necessary. With honest staff who have no axes to grind, it wouldn't be.

      People who do the wrong thing by their communities should be brought to book. There must be not only retribution for offenders but also deterrence so that others are aware of what the consequences of such misbehaviour might be.

      I'm reminded of a 17th century protest against the enclosure of common land by wealthy private interests:

      'The law will hang the man or woman
      Who steals the goose from off the common,
      But lets the greater felon loose
      Who steals the common from the goose.'

      And of a saying attributed to Aesop:

      'We punish petty thieves, but let the big ones go free.'

      Dacre Alcock is the exception that proves the rule.

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    5. Altruist 12 August 02:53, you're missing the point. Its irrefutable that corruption and fraud took place in the Shire of York administration department, however, this was effectively sanctioned monthly by Council, three incumbent Councillors did the sanctioning for a good portion of the time the corrupt activity was taking place.

      It is precisely for the reason - that the 'corrupt' actions of the administration department were retrospectively approved by Council every month, why the police stated in their report that it was a 'governance' issue.

      The whole point of the Corruption and Crime Commission is to investigate white collar crime (governance issues), the police are hopelessly ill equipped to deal with Local Government corruption.

      For a start, each agency uses different legislation, the police rarely stray from the Criminal Code Act, whereas the CCC has its own legislation; The Corruption, Crime and Misconduct Act 2003, which is specifically tailored to cater for the perversions of the Alcock's and Hooper's of the state.

      The point I was making to Anonymous 11 August 2016 at 18:17 was - it needs to be spelt out to Councillors, the Councillors then need to make their own minds up, and there is the predicament, self preservation and external influence!

      I agree with you James, the purchase of Chalkies needs to be fully investigated, in fact, the actions of James Best while Commissioner need to be fully investigated, his self awarded highly lucrative 'visioning' contract would be a good a start, then the slapdash nonexistent internal investigation he was instructed to carry out but didn't because he was too busy fleecing us.

      Lastly, I whole heartedly agree with you on 'the public interest', it is not in the public's interest to know what a bunch of incompetent corrupt morons we employ to steal from us, then, employ the same incompetent corrupt morons to investigate themselves.

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    6. Anonymous 12 August 2016 19:01, what you don't seem to realise is that if you allow corruption to go unpunished it will ultimately cost the public significantly more.

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    7. I am sure new staff at the Shire of York would prefer an independent audit to be carried out.

      Anonymous12 August 2016 at 20:12 absolutely correct.

      Why on earth are people still trying to brush things under the carpet? Who the hell is being protected?

      You have to wonder if those blocking an investigation and suggesting we 'forgive and forget' are heavily involved in what happened?





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    8. Altruist12 August 2016 at 02:53 - just poor governance was it? How do you know this? Are you one of the dick heads responsible?

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    9. Anonymous 14 August 2016 at 03:21 if I was one of the dickheads responsible I'd hardly state it was poor governence would I? Try to kep up.

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    10. Altruist14 August 2016 at 16:36 - you must have missed the fact they were referred to as dick heads.

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  4. Altruist12 August 2016 at 02:53 can you tell us the names of those responsible for the poor governance here in York?

    Anonymous11 August 2016 at 22:41 Members of the community in Dowerin did not have to do the leg work for their Council. It was Dowerin's Shire President and Councillors who called in the CCC because they realised they had a duty of care to their community.

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    1. Altruist 12 August 2016 at 02:53 All-true-is-it? we will see, where there is smoke there is fire



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    2. Thick smoke - Bunnings Malaga and drive thru liquor stores north and south of the river.

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    3. I recall many entries on the ceo's credit card statements for drive through liquor purchases in the metro area and bunnings in malaga. When questions were asked about the expenditure on the credit card statements, the ceo stopped providing the statements in the financials. Sound familiar? Isn't that what the Dowerin ceo did?

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    4. Wasn't his explanation that he purchased booze from Perth for Shire functions? If there is not a clear guideline/policy about CC expenditure and the Council at the time didn't have a problem with that then there's not really a case. We can thank the imbeciles who were council at the time.

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    5. That may have been HIS explanation for the copious quantities of booze. Would be interesting to compare booze bill for the two years prior to the CEO going and the two years since he left.

      What was the explanation for Bunnings Malaga?





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  5. A nice little Segway regarding 'Snakes in the Grass' Was having a bit of a clean up around wood heap this afternoon and came 'hand to nose' with one of my (now) very large Bobtail goannas. His name is 'Russell' - because he does, and waiting for his lady love "Annabelle". Bobtails mate for life and will live until around 20 years old.

    Anyway, 'Russell' is awake and looking for sunshine - which he found, and some food, some nice large, juicy, snails, provided on a piece of bark, because I inadvertently squashed most of the ones I found, before I found him, and then also provided a nice raw egg, as well. Good protein hit, for hungry goannas.

    My point being that even though it is only August, if 'Russell' is out and about, there will probably also be the odd snake - v. hungry, v. touchy and v.v. deadly poison, especially after coming out of hibernation.

    So, be careful. V.V. careful and get rid of the long grass A.S.A.P, hopefully without damaging the goannas looking for food.
    Oh yeah, by the way. Poisoned snails WILL poison and kill goannas, so if you find a bobtail in your yard, please resist, laying down poison for your snails.

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  6. Must be the changing seasons. Found 'Annabelle' goanna today - almost stepped on her as she was making her way, in lust, up the hill to find 'Russell'. Two goannas in two days. Hope that is all I find!!

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    1. Cookies and Cream14 August 2016 at 04:24

      Have a look around the wood pile and see if you can find any marbles

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  7. Cookies and Cream Aug 14 @ 04.24. Why? Have you lost yours?
    There are people out there, that can help you - I'm told.

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