And all
our yesterdays have lighted fools
The way
to dusty death…
Shakespeare: Macbeth, Act V Sc. 5
Beware,
monitor lizards on the loose
After the April Council meeting, I had a brief
conversation with Commissioner Best.
He told me among other things that the blog is
being monitored at the request of the Shire’s insurers’ lawyers. Every
contribution is printed out and passed on to them. (Why can’t they do the job
themselves? Don’t they have access to the
Internet?)
I have no idea what this process is meant to
accomplish. I can’t see that it would
benefit the Shire’s insurers, the Shire or ratepayers in any way.
Perhaps the plan is to intimidate contributors
like David Taylor and me, who identify themselves by subscribing their names,
with the veiled threat of legal action. If
so, it isn’t going to work.
Anonymous and pseudonymous contributors can’t
be traced. Even the Blogmaster can’t trace
them. So friends, if the thought of being
pursued by monitor lizards worries you, ignore my previous requests to identify
yourselves, and take cover behind fancy confected names.
‘Offensive’
comments on the blog
During our conversation, the Commissioner objected
to comments posted on the blog that mention unfavourably members of Shire
staff. He also suggested the blog should
go a bit easier on certain former Shire presidents.
Personally, I find it difficult to summon up
much sympathy for councillors who abused their position and influence to bully
and intimidate residents. Nor do I have tears to shed for Shire officials who
carried out enthusiastically and apparently without question the more dubious
instructions of a former chief executive.
These days the Nuremberg defence—‘I was only
obeying orders’—simply won’t do.
More than once, I’ve asked my fellow bloggers not
to give vent to rabid personal abuse—not on the blog, anyway.
I pointed out to the Commissioner that the
verbal free-for-all that occasionally ran riot during the early days of the
blog is now pretty well (though not entirely) a thing of the past. The quality of comments has improved
dramatically over recent months, with contributors these days generally more
inclined to argue a case than engage in strident abuse.
From the beginning, this blog has acted as a
bastion of free speech. By all means,
though, let’s exercise restraint where decency, fairness and objectivity
require it.
Restraint—or
self-censorship?
All the same, there’s a fine line between
restraint and self-censorship.
Where elected office holders or public
officials are associated with wrongful or corrupt behaviour that has had a
negative impact on the lives and welfare of others, they must expect to be
identified, criticised, held up to scorn and pelted, figuratively speaking,
with rotten tomatoes.
At first blush, it’s hard to see why DLGC staff
have shown themselves so keen to dismiss corrupt acts of the past—like dishing
out jobs, contracts and other benefits to relatives and friends, falsifying
public records, misallocating public funds, credit card ‘anomalies’, and using
Shire employees to intimidate concerned residents—as ‘historical issues’ deserving
only to be buried and forgotten.
They are well aware that some people still
around have a strong personal interest in burying the truth about those
‘historical issues’. They would also
know, or strongly suspect, that there is evidence in the files and elsewhere of
corruption, even of crime. Yet,
astonishingly, they insist that nothing should be done about those things and
nobody compelled to account for them.
Why?
Never
mind history, shroud truth in mystery
I surmise that this attitude has everything to
do with their having been well acquainted with York’s ‘historical issues’—which
frustrated residents reported to them over several years—but choosing to ignore
them. Thus they made themselves, in some
sense, accessories to what went on and now have to keep that quiet.
According to DLGC probity guru Brad Jolly, in a
letter dated 12 January 2015 to a local ratepayer, ‘…in 2013, circumstances did
not exist that warranted making a recommendation to the Minister to issue a
Show Cause Notice to the Shire of York Council’.
Either Mr. Jolly had spent several years living
under a coconut shell, or he knew, when he wrote that, that what he was writing
was untrue.
He and his colleagues would have known in considerable
detail of the very poor handling by Shire President Reid’s predecessors of
council meetings and public question time.
They would have known that there there had been for many years
substantial non-compliance with the record keeping requirements of the Local
Government Act, the responsibility in the first instance, it should be noted,
of the Shire’s then CEO Ray Hooper.
If they didn’t know, they were negligent. If, as I believe, they did know, they were
culpable. Either way, they did nothing
until prodded spitefully into action against Matthew Reid by their old friends
Crs Hooper and Boyle and former CEO Ray Hooper, with Cr Hooper’s poodle Superduper
tagging obediently behind.
They joined with those dignitaries in bearing
false witness against Cr Reid, for example by accusing him of authorising the
release of the Fitz Gerald Report (he didn’t) and of signing two purchase
orders actually (and obviously) signed by then Acting CEO Keeble. They also accused him of ‘standing down’ and
‘terminating’ CEO Hooper, when in fact, as they must have known, Mr. Hooper had
‘terminated’ himself (though not ‘with extreme prejudice’) by resigning.
Readers might be interested to know that Brad
Jolly is the officer designated to handle our FOI application to the DLGC. I’ve protested, but so far in vain.
‘The
past is a foreign country’ but sometimes we have to go there
Implicit in the department’s thinking is the
argument that because bad things have happened in the past, they should be of little
or no concern to the present.
That argument seems to have been the basis of
the brief the Minister, acting on departmental advice, gave to Commissioner
Best before sending him off, like a colonial officer of old, to subdue and tame
the ‘sullen peoples, half-devil and half-child’ running wild in the streets of
York and on the slopes of Mount Brown.
It underwrites the department’s determination
to flush our ‘historical issues’ down the nearest available loo.
Luckily for all of us, our law enforcement
agencies operate differently. If I had committed
a string of burglaries several years ago but had only just been caught, what
good do you think it would do me to tell the police and the magistrate they
should forget about my felonious forays into other folks’ homes because time
has elapsed and they are now merely ‘historical issues’?
Where a community has been done over and ripped
off by people who were supposed to take care of its interests, retribution
against those most responsible is an essential precursor to recovery,
reconciliation and revival.
It’s a sad fact of political life in a
democracy that sometimes we miserable forelock-tuggers are betrayed by the very
people we elect or appoint to rule over us.
Whitecollar crime really is crime, on the same legal
and moral plane as defrauding Centrelink, armed robbery or knocking down an old
lady and stealing her purse. It isn’t
just a bit of fun, a game for privileged players. It’s deadly serious, and
people who engage in it may eventually find themselves drawing the card that
reads ‘Go directly to jail’.
James Best is going to leave all the "historical issues" for our new council to deal with on their return. This This is extremely unfair in my opinion. James Best has refused to meet with me to discuss comments he made about me in a regional forum because he is "focusing his efforts on productive and positive improvements for the District." Don't you see Mr Best I have a lot to contribute to the improvement of the district if only you would face me and my historical issues."
ReplyDeleteTanya, I'm afraid you are right, nothing has been resolved, on the contrary, things are probably worse than they were pre 7 January when Mr Best was appointed to.... do exactly what?
ReplyDeleteThe visioning has not worked, a handful of people turn up, then the Shire fund a breakfast and invite rent-a crowd with the sole intention of inflating James's ego with constant adoration and maybe another paragraph for his CV.
The Minister, the Department and the Commissioner have all let York down terribly, it's all about saving reputations and destroying others in the process. I don't know how long Mr Best has to go but I pity the Councillors left to pick up the pieces.
The wretch of a man Pat Hooper has conveniently excused himself from all matters relating to the Shire for three months which will take him to the end of his four year term. Come October, the new Council will have a shit of a job rectifying all the wrongs Hooper, Boyle and Best have ignored and created.
Hopefully, part of the new Councils manifesto will have to be to discover the true cost of Ray Hooper's credit card expenditure, EFT payments for entertainment, the unapproved 70K rent subsidy misallocation of municipal funds. If the Department decides to involve itself again , maybe it should consider using a different investigator and not a 'roaster' who fabricates evidence.
When you say 'roaster' are you referring to Taggart?
DeleteAye the gowk.
DeleteAre we supposed to be scared the blog is being monitored? Not likely, York residents lived with fear, intimidation and bullying for nine years with Ray Hooper and his anointed soldiers. This subtle message by James Best is just another form of intimidation being drip fed from above.
ReplyDeleteThe Shire's Insurer is probably looking at risk assessment for ways to cancel the Shires Policy!
James Best thinks we should go easy on certain former Shire Presidents does he? For someone who claims to have a wealth of experience dealing with people, this was an incredibility insensitive comment to make.
As far as Pat Hooper and Tony Boyle are concerned, they not only let down the people and their fellow councillors but they let themselves down.
I was distressed to hear that during a conversation with a mutual friend, a member of the Shire of York staff, stated that some staff have discussed an 'exodus' shortly after the Commissioner's term ends in July. This will then lead to claims for stress related illness due to continuing issues between some administration staff and Councillors.
ReplyDeleteThis potentially gives the Department another opportunity to attack the Shire President and remaining three Councillors.
Some members of the administration staff contributed to the secret 'Minority Report', this report was authored by Councillor Hooper and remains confidential, Councillors Reid, Wallace and Smythe have never seen the Report and were never given a level of natural justice to answer accusations contained in it.
Maziuk and Cochrane told the Departments investigator, David Morris, that the Shire President signed two purchase orders, which has transpired to be totally incorrect. There have been many more accusations from the administration staff against Councillors which are untrue. The two members of staff will be particularly nervous knowing they have been caught out or maybe they won't.
Why would the 'two staff' be bothered - they have the best level of protection possible - they work for local government!
DeleteThe ratepayers pay the insurance premiums to protect these staff in the workplace then, even if they cause damage or disrespect the ratepayers, we still pay to protect them for their actions.
Its a complete farce - who protect the people?
I hope the insurance providers are reading this blog - if not they should be.
We all know there are honest members of staff who don't share the attitudes of the prospective deserters. Not only are they honest, they're smarter and better qualified for the jobs they do.
DeleteAs long as they aren't coerced into joining the proposed exodus, we'll be OK.
As for the 'minority report', with which the name of Cr Hooper will be forever linked - not the kind of immortality he would have hoped for - the DLGC has refused access to at least one FOI applicant and is setting up to refuse access regarding another. If Cr Hooper and his confederates had an ounce of courage, and the conviction that what they said in the 'report' was true, they would place it defiantly in the public domain. Do I behold pigs flying over the frozen wastes of hell?
These people - the DLGC and whoever contributed to the minority report - have behaved despicably. They have betrayed the York community, for whom they appear to have neither affection nor respect.
'Government is a trust, and the officers of the government are trustees; and both the trust and the trustees are created for the benefit of the people.' Henry Clay (1777-1852).
When Council is reinstated, surely they would then be in a position to insist they see the Minority Report?
DeleteStaff at the Shire of York were misinformed by Ray Hooper - they were led to believe the CEO has total control of Councillors and Shire President. They also believe the Council and Shire President has no part or say in employing the CEO. Is it any wonder there was disharmony between Staff and Councillors?
DeleteIt's time all staff studied the Local Government Act. 1995:
The role of the Council is defined by Section 2.7 of the Local Government Act 1995:
(2)The council –
(a) directs and controls the local government’s affairs; and
(b) is responsible for the performance of the local government’s functions
(3) Without limiting subsection (1), the council is to –
(a) oversee the allocation of the local government’s finances and
resources; and
(b) determine the local government’s policies.
The Administration
The Chief Executive Officer is employed by the Council to head the administration, manage day to day operations and ensure that Council decisions are implemented.
If some Staff do 'exodus', particularly the two who lied to David Morris, it will be a good thing! Not sure how these two have the gall to face the people of York so I'm not surprised they won't want to face the Councillors and are considering jumping ship after what they did. Staff who took part in the sculduggery never believed or expected their dishonesty to be exposed, now it has, the decent thing for them to do would be to resign.
While there's unscrupulous people white anting behind the scenes in the administration, it casts a cloud over the majority of the staff who ARE honest, decent people who just want to get on and do their job.
If the Shire's Insurer is monitoring this Blog, they will troll through the information/documents and conclude who has caused/contributed to their own stress. I doubt if any Stress claims will be accepted without vigorous investigation. Insurers have very good techniques for checking fraudulent claims without the claimant even being aware. Before signing the claim form, staff need to realise the legal ramification of providing false information in a claim. Any employee can claim for 'work related stress', having it accepted by the Insurer is another. Just because staff have gone on what they call 'stress leave' does not constitute a legitimate claim. It was rumoured when Cochrane took leave shortly after Ray Hooper left that she was setting the foundation for a future stress claim against the Shire. If she attempts to lodge a claim, there's a number of mitigating circumstances that may be uncovered by the Insurer that could be used to refuse her claim. The down turn of the shearing industry has seen little if any work for her husband, the large shed a few meters from their home burning down in the middle of the night and the impending arrival of a second child are just a few things the Insurer could take into account.
If Maziuk tries to lodge a stress claim against the Shire, the Insurers should investigate the way she treated residents while Ray Hooper was here. She did his bidding for him and believed he would always be here to protect her. Mrs. Nice she was not.
DeleteFrankly, I doubt very much that a copy of the 'minority report' is included in the Shire's records. If it is, I've no doubt it will be removed by stealthy hands before our elected Council resumes command.
DeleteI'm grateful to Anonymous 20:44 for spelling out the true situation at law regarding the respective powers and responsibilities of Councils and council staff. It seems clear to me that former CEO Hooper promulgated a deliberate misinterpretation of the Local Government Act to persuade councillors, staff and the community in general that he was captain of the Shire and and people involved in Shire affairs were no more than members of his team.
I believe that is the interpretation of the Act viewed most favourably by the DLGC, because it enables officers of that department to rule local governments through their influence over CEOs. However, anyone taking the trouble to read the Act and associated regulations will come to a very different understanding of what the legislation means.
Ultimately, Council staff are community employees paid from the public purse. Their job is to implement Council decisions. Council is a public body elected to act, within the law, in the interests of the community, to which the interests of staff, including the CEO, come a rather poor second.
The sooner every member of staff grasps this essential proposition, the better it will be for everyone in York. No more patronage, nepotism, favouritism, misuse of public money, secrecy and deceit - just honest, open and accountable local government, which is what we pay for and are entitled to expect.
A copy of the Minority Report written by Pat Hooper would have to have been recorded in the Shires Correspondence Register - that is law.
DeleteNot sure what Pat Hooper thought he would achieve by penning his infamous Minority Report. What ever it was, it has surely backfired on him. Few, if any, will ever trust him.
He will be remembered forever for stabbing his fellow Councillors in the back.
I doubt the Shire will have a copy, Hooper would have given it straight to Morris.
DeleteGiven Pat Hooper and Morris were both involved, you are probably right. However, all correspondence written by Councillors, Staff and Residents must be recorded in the Shire of York Correspondence Register. If it was not recorded, Pat Hooper and the Shire Administration are in breach of the State Records Act.
Delete'Let them go then - let them never come back to us.
DeleteThere would be doubt, hesitation and pain:
False praise on our part, the glimmer of twilight,
Never glad confident morning again!'
Robert Browning (slightly amended)
From what I have been reading, James Best is actually worse than the former Shire Presidents Hooper and Boyle because he has knowingly repeating their despicable behaviour. He has selected a few individuals to support his campaign knowing that they are good sources for circulating his news and grand tales and especially ensuring that the bad news gets 'out there', most of it being totally unfounded. All smiles and promises is not going to guarantee a wonderful future for the majority of York. Mr Best is full of empty promises to some and underhanded deals to others, all to give the false illusion of personal success during his term in York. Nothing now or in the future will prevent questions being asked why certain members of the community appear to have received favourable treatment.
ReplyDeleteI agree Anonymous 75. Took a while for us to wake up to him. He was so sympathetic, listened and made promises he never intended to keep.
DeleteI recall him saying the reason he was made Mayor of South Perth was because he stayed friends with everyone. He failed to fool the people of York in the same way.
Mr. Best failed to realise this blog will follow him.
There is a huge difference between York and South Perth, South Perth has approximately 50000 people whereas York has approximately 3500. York, being a small rural town has a more intimate community and relatively speaking would have a better communication network. Consequently, people have cottoned on to his bullshit and insincerity toward anyone who he perceives as not being in his camp.
DeleteStaying friends with everyone is impossible and only a ploy of a politician, enough said.
I hope the blog will not follow Best, there is no point, Best forgotten!
James (the only one worth referring to by that name), I love your burglar analogy. I don't like the word 'retribution', as it sounds too similar to 'revenge', but I wholeheartedly believe in justice and I know absolutely for sure that recovery, potential reconciliation (which depends on apologies and humility and hugs and kind words), and potential revival do depend on matters not being left 'unfinished'. If it is 'unfinished', the next similar thing that happens will only build on the effect of the wrong done, and the hurt will be deeper and so much harder to heal.
ReplyDeleteAs someone else pointed out (though in different words), York being such a small community means that every hurt is writ large because we can bump into those who hurt us at any time. We cannot dissolve away into a distant group or remain unnoticed if slanderers and the friends who believe them pass our way or gossip to our neighbour. We cannot avoid the divisions resulting from 'who believes who' (an affliction of groups of friends who are not friendly with other groups of friends) in such a small town. And yes, jail for proven crime may be the only way for protecting a small community from more of the same. On second thoughts, banishment to the seaside might have the same effect, I dare to surmise.