Friday 10 July 2015

JAMES BEST’S ‘OPEN LETTER TO RESIDENTS’—A RATEPAYER RESPONDS

 
By now everybody in York will have read former Commissioner James Best’s ‘open letter to residents’.  I have done so with a sense of wonderment that anyone is able to pack so many lies and distortions of the truth into such a tiny space.  Like Dr Who’s telephone box, it seems to defy the laws of physics.

In its squalid way, the letter is a masterpiece of disingenuous writing.  Sorry to spoil your handiwork, Mr. Best, but I can’t let it pass without comment. 

Why ‘an open letter’?

An open letter is addressed to one person, group or legal entity but made public in a newspaper, journal, magazine or blog instead of, or as well as, being sent directly to the addressee. 

A good example of an open letter is the one Jane Ferro and I wrote to Minister Simpson asking him to intervene to prevent the Shire’s proposed purchase of the Old Convent School. 

James Best’s letter is better described as a ‘circular’ letter.  It should have begun with the salutation ‘Dear Resident’ and been printed on bovine toilet tissue for ease of reference and filing.

Is it true as he says that ‘the Shire has been cleared of every allegation’? 

No, it most certainly isn’t.

Most, if not all, of the ‘allegations of incompetence, misconduct and even corruption’ Mr. Best alludes to have never been satisfactorily investigated by any properly constituted investigative agency—so how can the Shire have been cleared of them?

If what Mr. Best asserts is true (no sniggering at the back there, please) let the Shire publish online, or otherwise make available for scrutiny, the reports of every such investigation, suitably redacted as required to protect the identities of complainants and of Shire employees cleared of wrongdoing.

To be credible, any such report must, at minimum, tell us:

(a) Who carried out the investigation, and what qualified them to do so;
(b) What issues and complaints were investigated;
(c)  What evidence was gathered, and how;
(d) What interviews were conducted, with whom, and with what results; and
(e) What conclusions or ‘findings’ the investigator(s) drew from the evidence, and for what reasons.

Professional investigative reports may also make recommendations designed to put an end to the kinds of misconduct covered by the investigation.

Does the Shire have any reports of that calibre arising from investigations into specific allegations of misconduct concerning councillors or employees?   If not, there’s no reason at all to believe its assurances that nothing bad happened and everything in the garden is and was always a prospect of delight.

The ‘Probity Audit’

If Mr. Best has in mind the Department of Local Government’s 29-page report of its probity audit, he is misrepresenting its contents. While it exonerates our elected councillors from any wrongdoing, it has a good deal to say, if not about misconduct, then about ignorance and incompetence on the part of ‘key’ (i.e. senior) Shire staff. 

It avoids comment on so-called ‘historical issues’ such as those canvassed in the Fitz Gerald report, which have never been properly investigated by anyone and which Mr. Best and the Department have gone out of their way to bury as deep as the spade will go.

Meanwhile, I remind Mr Best of allegations made by me some time ago concerning instances of patronage and falsification of a public document.  In the first case I referred to, and in the second I published, evidence of wrongdoing by a senior officer of the Shire. 

I have other evidence of wrongdoing by the same senior officer that I am saving up for a rainy day.

As well, I remind the Shire of evidence posted on the other blog and in windows on Avon Terrace relating to the alleged misuse of a corporate credit card.  There’s a great deal more where that came from.  Who can say where that may lead?

The good, the bad, and the very very ugly

Most people who serve the Shire as elected representatives or employees are good people who do a good job.  On the other hand, some councillors and senior employees over the years have not been good people, have not done a good job and have hurt some residents badly.

Acting CEO Simpson is a major part of the Shire’s problem at present.  He does not seem to be doing a good job.  The fact that he has ‘done everything [Best] asked of him’—including his role in the proposed purchase of the Old Convent School—of itself raises serious misgivings about his conduct in office.  The influence his status gives him over staff makes him a dangerous threat to any hope of reform.  He should resign at once or be fired.

‘Allegations of serious wrongdoing should not be made lightly’, says Mr. Best.   He tells us he has been ‘privy’ to such allegations, which I take to mean that is where he has tried to dispose of them. 

I assure him they are not made lightly.  They are made in the hope, increasingly forlorn, that wrongdoing for which there is evidence will be seriously investigated and the guilty deprived of position and power.   The passage of time is irrelevant. 

Individuals who have abused their authority and damaged the interests of residents must be held to account.  Mr. Best himself, having done his best to send us broke, may now be regarded as one such person. 

Minister Simpson, please take note.  If you have the slightest shred of political decency and courage, you will order a probity audit into what has happened in York during the past six months under the stewardship of James Best.   Do you have the ticker for that?

‘James Best is’—what, exactly?

Those residents of York who follow this blog—I like to believe that’s most of them—or were simply awake and about on the day certain words appeared on the Shire office wall will know that the words in question were not, as stated in Mr. Best’s letter, ‘James Best is a worker’, but the rather less complimentary ‘James Best is a wanker’.

That is obvious from the photograph appearing with my earlier post ‘York Community congratulates Commissioner Best on how well he has handled himself while in office’.

I have no idea who was responsible for writing those words on the wall.  I don’t approve of graffiti and damage to public buildings. 

However, I don’t think the word complained of was intended literally, i.e. to accuse Mr. Best of the sin of Onan (Genesis 38:9).  I think what the writer was trying to to do was draw attention to Mr. Best’s many shortcomings.


As for the ‘dark force’…Mr. Best reads too much Harry Potter.  Nobody knows who defaced the Shire office wall, but I have it on good authority that it wasn’t Lord Voldemort.  Sorry, Mr. Best, but the only person damaging ‘Brand York’ right now is you.
 

WTF is ‘Brand York’, anyway?


You may well ask.  I think most people living in a place like York would look askance at this kind of consumerist nonsense.  We see ourselves as a community, not a commodity. We may sell things, but we are not for sale.  We are not a ‘brand’.


How much? Are you kidding?

Mr. Best makes the astonishing and utterly misleading claim that ‘$807,824.00 [was] spent responding to formal inquiries and staff resignations’.  Grouping those two categories of expenditure together is part of his tedious campaign to shower blame on dissident residents for the blowout in Shire finances under his watch.

Nobody with anything more neurologically sophisticated than the most rudimentary nervous system will fall for that one.  Those categories are entirely distinct.  We are not responsible for staff resignations. Nor are we responsible for the cost of dealing with FOI applications.  Stop trying to pretend otherwise, Mr Best.

There should be absolutely no need for individuals to seek information via FOI about any aspect of local government activity. 

In particular, every detail relating to Shire expenditure of public money should be recorded online and made available for public inspection.  That includes details of staff appointments and remuneration. 

I believe some local governments (Claremont, for example) already do that.  Why not York?

Unfortunately, our Shire administration takes a different view.  Under Graeme Simpson, it prefers to operate in secrecy, as it did under Ray Hooper before him. 

There is no justification for secrecy in the administration of local government.  No activity of the York Shire Council carries any implication for national security or Australian diplomatic prestige.  So far as I know, the Shire is not assisting police in covert operations to root out the Mr. Bigs of the local drug trade.

If the Shire is not corrupt, it will have nothing to hide.  If it does have something to hide, it is more than likely corrupt, or at the very least concealing incompetence and maladministration on a significant scale. 

So where has the money gone?

Well, one problem has been that successive FOI coordinators, both senior officers of the Shire of York, have not understood relevant legislation and had no idea of how to apply it. The Acting CEO seems equally at sea.  His letters on FOI topics appear to be written by somebody else.

The upshot has been that FOI applications and problems connected with them have been farmed out at considerable cost to lawyers and an organisation called FOI Services to do those officers’ job for them—as if the officers concerned weren’t already paid more than enough for the qualifications they possess (or don't possess) and the work they do.

None of that expenditure was necessary.  When ratepayers and residents ask for information about Shire activity, that information should be provided without hesitation and in full.  

Lawyers aren’t the only unnecessary expense indulged in by Mr. Best as commissioner.  At some stage he decided to hire a pricey public relations company, i.e. a deception of spin doctors, to write a feeble column in the local rag ostensibly extolling the ‘wonderful’ and ‘amazing’ things going on in York, with the barely disguised hint that they are all happening thanks to him. 

To be honest, I suspect that the ‘open letter’ was composed not by Mr. Best, who as a graduate of Curtin University would probably have known how to spell ‘puerile’, but by one of his pet spin-doctors.

So, Mr. Best, precisely how much did your hired guns slug the Shire for services necessary only to protect some sensitive reputations—including yours?

Mr. Best indicates that part of the $807, 824 total was swallowed up by ‘staff resignations’.  What resignations were those, I wonder?  Who resigned, when, and why, and how much was each of the departing employees paid?  Does the amount given over to staff resignations include, as some people are suggesting, a hush-money payout to former CEO Ray Hooper over and above his contractual entitlements? 

You can bet your life that anybody wanting that information will have to apply for it through FOI. 

Oh God, not visioning again!

Mr. Best’s letter concludes with an appeal to readers to attend a forthcoming ‘community-visioning launch’. 

He hasn’t had much success so far in York with ‘community visioning', his snake-oil remedy for the shire’s social and economic ills.

If the ‘visioning process’ is managed and led by Shire President Reid, I shall be very happy to take part in any capacity asked of me.  I believe he could make it work.

But if it’s just another ‘showcase’ opportunity for Mr. Best to tell us how clever he is, and what amazing and wonderful things he has done for South Perth, Toodyay and Fremantle, I think I’ll stay at home.  I would recommend that others do the same.

James Plumridge

CULTURAL NOTE:  Onan was the second son of Judah.  His elder brother, Er, was slain by God for some unspecified wickedness, whereupon Judah ordered Onan to marry Er's wife and make her pregnant in accordance with ancient Jewish law.  Onan wasn't happy with this, so when consummating the marriage he 'spilled his seed on the ground', which means that he engaged in coitus interruptus rather than the activity later ascribed to him.  God slew him, too. It's amazing what you can pick up in Sunday school.

The American wit Dorothy Parker named her pet budgie Onan.  Can you guess why? (Sorry, no prizes).

(Click to enlarge)

16 comments:

  1. I strongly suggest - actually beg - you submit 'The Ratepayer Responds' to the Avon Gazette for the sake of balanced reporting, Jim. Ms Grierson may have the shock of her life to find out JB didn't tell the truth. In fact, far, far from the truth. If you'd prefer, I'll make contact with her in an effort to set the record straight. She obviously didn't feel a need to speak with anyone else about these matters, simply assume JB's version of events was beyond the need of good journalism: ie, checking for veracity.

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    Replies
    1. Jane, I agree with your suggestion. Send her the link with a covering note, by all means. Ask her to publish my work, or a fair summary of it, in the Hills Gazette. But don't expect to get anywhere. As a free 'community' newspaper, the Gazette isn't interested in truth but in money. It isn't a real newspaper. Its journalists aren't real journalists. Advertising - including shire advertising - is its only source of revenue.

      To make matters worse, I believe the 'editor' is a pal of none other than Ray Hooper. In January or February this year, he published a letter from Hooper attacking SOY Council for (as he saw it) making his position as Shire CEO untenable. I wrote a reasoned and eloquent reply which of course was never published.

      Mark Lloyd is hardly better. He sold out to Best for the usual handful of silver. He's probably regretting it now. I hope so.

      Delete
  2. Len Zuks - the Artist who created the Anzac statue the Commissioner arranged for York, is the same Artist who painted James Best's portrait when he was Mayor of South Perth.
    The painting costing $5,000 was later removed by order of the Council because it did not comply with the Councils own rules.

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  3. Follow up research: http://www.abc.net.au/local/stories/2012/08/29/3578353.htm - Seems he did a dummy spit over painting being removed.

    Found an interesting statement in the article made by James Best - Quote: James Best rejected suggestions that the artist should have followed council policy P678 more closely. "We gave the policy to the artist but artists are a creative and innovative."
    "If the policy was rigidly adhered to you'd basically just have one of those seaside cut-outs where you just stick your face in." (now that was a mega dummy spit)

    He then goes on to state: "Policy is a guide not a statute." .......

    This means the Dealing with Unreasonable Conduct Policy steam rolled through by none other than James Best himself is a GUIDE and not a statute. Mr. Best apparently does not believe one has to adhere rigidly to a Policy - when it suits him.

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    Replies
    1. He's right, it is only a guide. Council can rescind the policy at will. It can also reject his plans for a town square, put the Old Convent School back on the market, sue Best and Simpson in negligence or bureaucratic malfeasance for the money lost because of their deliberate failure to obtain a sworn valuation, keep pushing the corruption issue, publish every detail of expenditure relating to the YRCC, develop an effective management plan for the YRCC so that it ceases to be a major financial drain on the Shire, etc. etc. - but all that will require a lot of cojones and expert assistance.

      "So who will stand at my right hand and keep the bridge with me"? That's what any sensible Council will demand of its electors. We all have to be brave - not just our elected representatives.

      Delete
  4. And, here is a bit more:
    Mr Best says he's not willing to sit for another portrait or provide a photograph, slamming the council for wasting rate payers' money and council time over the issue.

    Oh dear me, Mr. Best slammed the Council for wasting $5,000 of Ratepayers money, but thinks it is ok for HIM to waste $625,000 of York Ratepayers money on a building HE decided to purchase without consulting anyone, least of all those who will be left with the bill.

    Is this a case of double standards?

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    Replies
    1. Of course it is. Mr Best seems to think he's some kind of genius, exempt from normal rules of conduct. In fact he's very mediocre intellectually, but as is so often the case with politicians and bureaucrats vanity supplies the want of nous. I don't think he was quite as popular in South Perth as he wants us to think. We know what Fremantle folk say about him.

      I was in Freo a week or so ago. The place is a desert, nothing like as vibrant as it used to be. So much for 'community visioning' a la Best, I believe.

      Today's cryptic clue: find a word with 9 letters, beginning with C and ending with N. Then contact Minister Simpson and tell him what the word is, because he'll never get it without help.

      Delete
    2. I agree James P. Freo appears to be in a serious decline.

      Does anyone know how much the City of Fremantle paid to James Best and PPR?

      Delete
    3. Just look in Fremantle's budget I'm sure they couldn't be as incompetent as York's accounting in fact I'm positive.

      Delete
  5. There is very little point in contacting any media unless you have something concrete to give them!

    Please, please people enough talk, all this speculation about investigations, why speculate? Lodge a Freedom of Information application requesting copies of documents relating to the allegations made, investigated and concluded, cover letters from the CCC etc, if the Shire claim the documents are 'confidential', then the obvious question is why are they confidential. Remember the CCC is an exempt agency.

    Ask yourself the question, if the Shire has been cleared, wouldn't you have thought that Mr Best would have had a field day and taken great pleasure in publishing the results everwhere, or getting his mate, Tim Larcombe to spin it up.

    No, instead we are expected to believe Mr Best, who, if the last meeting is anything to go by, is a routine
    liar.

    Attention needs to be focused on the allegations Mr Best claims to have been investigated. I think you may discover some investigators have investigated matters which implicate them... for instance, people who's responsibility it is to manage finances ........do I need to spell it out?

    Or, is it now a case where Messrs Best and Simpson have managed to frighten members of the public into not using FOI legislation?

    Enough talk, time to walk.

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    Replies
    1. Are you volunteering? Please go ahead with what you suggest needs to be done. Only a few people in York are prepared to shoulder the burden but a good many are willing to complain.

      Delete
  6. I am just so gob smacked at the level of accounting that got the figure $807,824.00 so they could shove it out there to tell everyone how bad certain members of the community are( I actually suspect it sais more about how dysfunctional James Best was when he was here) but the same level of accounting still cant tell us exactly how much the Rec centre cost even when the Local government act and legislation states that the shire is to list all accounts in the matter of subject development .

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  7. I refer to James Best's OPEN LETTER TO RESIDENTS paragraph three in which he states and I quote:
    There is absolutely no evidence of misconduct by the Shire's staff. The allegations which have been examined have been found to be without foundation"

    This statement is misleading because the Fitzgerald Report HAS NOT been investigated and all those matters are still outstanding.

    Below are emails to James Best and from me, relating to the Fitz Gerald Report.

    The second email he clearly states there is NO connection between the CCC investigation and the Fitz Gerald Report.

    Therefore there must have been other complaints made aside from the Fitz Gerald Report and the Community is not privy to what they were.

    : CCC investigation
    From: Roma Paton
    Date: 28 June 2015 4:01:55 PM AWST
    To: J. Best


    Good Afternoon James,

    I have now heard from several people you announced at a Shire meeting that you were chartered by the CCC to investigate the Fitz Gerald Report and that you had interviewed all but two people.  I was one of those you chose not to interview for the CCC investigation, would you be kind enough to explain why I was not included?

    Kind regards,
    Roma

    From: James Best
    Date: 29 June 2015 9:26:20 AM AWST
    Subject: Re: Fitz Gerald Report -- meeting with Roma Paton
    To: Roma Paton
    Cc: Records , Helen D'arcy-Walker

    Hi Roma,

    There is no connection between the CCC investigation and the Fitz Gerald Report.

    I am very happy to meet anyone concerned about either Report.  The two people mentioned was in the context of having been through mediation we were not able to resolve the differences of opinion.

    Would you like Helen to contact you about making a time to meet ?

    kindest regards

    JAMES


    James Best
    Commissioner
    Shire of York


    Subject: Re: Fitz Gerald Report -- meeting with Roma Paton
    From: Roma Paton
    Date: 29 June 2015 9:55:11 AM AWST
    To: J. Best

    Good Morning James,

    I am somewhat confused, you mentioned below you are happy to meet anyone concerned about 'either Report' , does this mean you are prepared to discuss the CCC Report as well as the Fitz Gerald Report?

    Kind regards
    Roma


    From: James Best
    Date: 29 June 2015 10:11:41 AM AWST
    Subject: Re: Fitz Gerald Report -- meeting with Roma Paton
    To: Roma Paton
    Cc: Records


    Hi Roma,

    I'm happy to discuss any concerns about anything -- although the CCC Act prevents me from being specific about the nature of the CCC complaints, as I'm sure you can appreciate.

    Cheers

    JAMES


    James Best
    Commissioner
    Shire of York



    Subject: Re: Fitz Gerald Report -- meeting with Roma Paton
    From: Roma Paton
    Date: 29 June 2015 10:23:00 AM AWST
    To: James Best


    Good Morning James,

    Thank you for your quick response and thank you for the offer to meet.

    At this point I believe it would be unwise to meet with anyone from the Shire of York regarding the Fitz Gerald Report until I have sort Legal Advice.

    Kind regards

    Roma


    From: James Best
    Date: 29 June 2015 10:27:11 AM AWST
    Subject: Re: Fitz Gerald Report -- meeting with Roma Paton
    To: Roma Paton
    Cc: Helen D'arcy-Walker , Records

    Thanks Roma,

    I'll leave it to you to contact us

    cheers

    JAMES



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  8. They are using smoke and mirrors to deflect attention away from the truth.
    Best gave an undertaking he would provide Information briefing cards (or something similar) which would tell the Community 'all they need to know about the costing of the Recreation Centre'. Six months later residents are still waiting for the information.

    Then they scare the community with huge figures and attempt to throw the blame back onto those in the Community who asked for and were refused information for the full cost of the Recreation Centre. Those residents were left no option by to lodge FOI Applications.

    Its the oldest trick in the book called divide and conquer.

    So much for Mr. Best coming to York to smooth the waters.

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  9. The CEO was going to provide the information cards not James Best and the CEO is still here so lets see them Simpson.

    May I suggest you make them detailed in the intetests of reducing FOI's.

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  10. TOLDUSO - It was James Best who promised to provide me with the cards, not the CEO!

    ReplyDelete